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Mt CEASE AND DESIST ORDER NO. -5 AND CWC SECTION 13308 ORDER MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY e drainage from the one million gallon storage pond and that tailwater routinely drains to the surface water drainage courses. b. C&A Order No. A.Le requires the Discharger to comply with the effluent concentration limits for DIS and BOD. The Discharger's self-monitoring reports indicate the concentrations for the analytes exceed the Order limits. c. C&A Order No. A.1.c requires the Discharger to limit irrigation to those times when it is not raining and to allow a three day resting period between applications and precipitation events. The Discharger's self-monitoring reports indicate irrigation occurs during rain events. Inspections of the land application areas reveals a significant amount of tailwater runoff, indicating the three day resting period is not occurring. d. C&A Order No. B.1 requires implementation of a Winter Contingency Plan to prevent tailwater runoff and comply with the WDRs. Observations on 2 November 2001 indicate the Winter Contingency Plan was not fully implemented. Only small areas of the land application areas showed evidence of discing. e. C&A Order No. D.2 requires construction of a storage facility to allow wastewater storage during times of precipitation by 1 November 2001. The Discharger failed to construct the storage facility. 19. During the 2 November 2002 inspection, the Discharger stated the land application areas had been disced as required by the C&A's Winter Contingency Plan. However, observation of the land application areas on 2 November 2001 indicated less than half of the area had been disced, and in the upper application area, almost none of the area had been disced. 20. The Discharger stated that the 95 acre land application area was planted with sorghum, a portion of 10 acres was planted with perennial grass, sudan grass was planted on 15 acres in the southeast corner, and oats had been planted on the lower parcel. However, during the 2 November 2001 inspection of the land application areas no sorghum,perennial grass, or oats were observable. A crop reported to be sudan-grass was observed in two of the checks. Each of the checks was flooded with strongly discolored and odiferous water. 21. Recommendations to improve cropping presented in the Discharger's technical reports required by the C&A Order(i.e. adding organic material to soil or addition of fertilizer to improve crop growth) were not implemented. In addition,none of the Discharger's consultant's recommended boron plant tissue tests have been performed. OTHER CONSIDERATIONS 22. On 8 January 2001, staff responded to State Clearinghouse Negative Declaration document number 2000122093, which addressed expansion of the olive storage tanks and construction of an interim wastewater storage pond. Staff informed the Clearinghouse and the Discharger of the need for industrial activity and construction stormwater permits, as well as the need for a Section 404 permit from the U.S. Army Corps of Engineers. The Discharger did not obtain the permits. 23. On 21 May 2001, the U.S. Fish and Wildlife Service (FWS) recommended the San Joaquin County Community Development Department issue a building permit for construction of a tank farm, receiving slab, and culvert which were already constructed. However, the FWS objected to CAMy DocumennlEnforc==AMusoo OIiveWusco C&Mdoc