SU0002185 - Laserfiche WebLink

Home Browse Search

CEASE AND DESIST ORDER NO. -6- AND 6AND CWC SECTION 13308 ORDER MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY issuance of a permit for the proposed wastewater storage pond because it would be in an area that had not previously been disturbed. 24. On 24 September 2001, the California Department of Fish and Game(DFG) notified the Discharger that alteration of the streambed while constructing the proposed wastewater storage pond requires notification of DFG and may require a Streambed Alteration Agreement. The Discharger failed to apply for the permit until 15 October 2001. 25. On 2 November 2 00 1, staff was informed by DFG that the Discharger's wastewater system violated water pollution control laws by allowing wastewater to discharge into the intermittent creek. Violations of Fish and Game Code Sections 1603, 5650(a)(2), and 5650(6)were cited. 26. A total of 98 process tanks exist on site presently. On 2 November 2002, the Discharger stated that they are considering expanding the facility to include 40 more process tanks. Each process tank can contain 10 tons of olives and 3,000 to 3,500 gallons of lye solution. REGULATORY CONSIDERATIONS 27. Due to plant expansions, the Discharger submitted a January 2000 Report of Waste Discharge seeking to increase both the allowable flow rate and the DIS limits for wastewater applied to land. The application seeks to increase the flow by 350,000 gpd and to increase the DIS effluent limit by 1,116 mg/l. On 11 February 2000, staff responded in writing that the RWD is incomplete because the Discharger has failed to demonstrate that these increases will not adversely impact surface water or groundwater quality. 28. As a result of the events and activities described in this Order, the Regional Board finds that the Discharger has caused or permitted waste to be discharged in such a manner that it has created, and continues to threaten to create, a condition of pollution or nuisance. The Regional Board also finds that the Discharger is discharging waste in violation of WDRs Order No. 97-037 (as described in Findings 12 through 15), and in violation of C&A Order No. 5-00-717 (as described in Findings 16 through 21). 29. Surface water drainage from the facility is to the Sacramento San Joaquin Delta. 30. The Regional Board's Water Quality Control Plan (Fourth Edition) for the Sacramento River and San Joaquin River Basins (Basin Plan) establishes the beneficial uses of the waters of the Sacramento San Joaquin Delta. These beneficial uses are municipal and domestic supply, irrigation, stock watering, industrial process and service supply, contact recreation, other non- contact recreation, warm and cold freshwater habitat,warm and cold migration, warm water spawning, and navigation. 31. Section 13301 of the California Water Code states in part: "When a Regional Board finds that a discharge of waste is taking place or threatening to take place in violation of the requirements or discharge prohibitions prescribed by the regional board or the state board,the board may issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions(a)comply forthwith,(b)comply in accordance with a time schedule set by the board,or(c) in the event of a threatened violation,take appropriate remedial or preventive action." 32. Section 13267(b) of the California Water Code states: "In conducting an investigation specified in ; subdivision(a),the regional board may require that any person who has discharged,discharges,or is suspected of having discharged or discharging, or who proposes to discharge waste within its region,or any citizen or domiciliary, or political agency or entity of this state who has discharged,discharges,or is suspected of having discharged or CAMy Docum ts\Enfotccu emtkMusco OliwWusco CRDS.doc -