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CEASE AND DESIST ORDER NO. -7- AND 7- AND CWC SECTION 13308 ORDER MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY discharging,or who proposes to discharge,waste outside of its region that could affect the quality of waters within its region shall furnish,under penalty of perjury,technical or monitoring program reports which the regional board requires. The burden, including costs,of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports,the regional board shall provide the person with a written explanation with regard to the need for the reports,and shall identify the evidence that supports requiring that person to provide the reports." 33.. Technical reports are required by this Order. The need for each of the technical reports is described below: s a. The report describing facility changes to reduce flow rates is needed to determine whether the Discharger is in compliance with the WDRs. b. The report describing the facility changes that allow compliance with the DIS and BOD Limits is needed to determine if the Discharger is in compliance with the WDRs. c. The monthly status reports are needed so staff can monitor the Discharger's progress toward solving the wastewater system inadequacies. d. The Groundwater Monitoring Workplan is required to evaluate-if the wastewater discharge is impacting groundwater quality. The Discharger has previously stated that groundwater was at significant depth and below substantial aquitards. A limited drilling program has revealed the presence of more aquifer material than expected and groundwater at shallower depths-than previously known. e. The domestic wastewater treatment system report is required to evaluate the adequacy of the existing domestic wastewater system and whether its use is threatening groundwater quality. f. The Groundwater Monitoring Well Workplan and Installation Report are required to document the installation and construction of a groundwater monitoring network to determine whether the discharge of wastewater is impacting groundwater quality. g. The Wastewater Treatment System Modification Report is required to document the Discharger's improvements to the wastewater system and to allow evaluation of the system adequacy.' q Y 34. Section 13308(a) of the California Water Code (CWC)provides that: "If the regional board determines there is a threatened or continuing violation of any cleanup and abatement order, cease and desist order,or any order issued under Section 13267 or 13383,the regional board may issue an order establishing a time schedule and prescribing a civil penalty which shall become due if compliance is not achieved in accordance with that time schedule." € 35. Section 13308(b) of the CWC provides that: "... The amount of the penalty may not exceed ten thousand dollars($10,000)for each day in which violation occurs." 36. This Time Schedule Order is issued in accordance with Section 13308 of the California Water Code establishing a time schedule for compliance and civil penalties for violation(s) of the Time Schedule Order. 37. The penalties allowed under CWC Section 13308 are specified below for the tasks required to meet compliance with WDRs No. 97-037. A lesser amount would not provide the incentive to do CAMy Docu ts\EnforcementWM o oliveWusoo C&D5.dw