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REVISED CWC SECTION 13308 TIME SCHEDULE ORDER NO. R5-2002-0014-ROl 6- MUSCOOLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY 24. 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 issuance of a permit for the proposed wastewater storage pond because it would be in an area that had not previously been disturbed. 25. 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 applied for the permit on 15 October 2001. 26. On 2 November 2001, 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 FishandGame Code Sections 1603, 5650(a)(2), and 5650(6) were cited. 27. 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 28. 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. Ori'l 1 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. 29. Staff has met with the Discharger several times since a draft version of this Order was circulated, 'and the Order has been revised based on those meetings. The Discharger indicates it will not have a viable business if it is held to the flow and salt limits of WDRs No. 97-037. Therefore, it intends to submit a Report of Waste Discharge (RWD) for updated WDRs with higher flow and salt limits. In order for the Board to consider updated WDRs at its 6 September 2002 meeting, the Discharger must submit a complete RWD no later than 20 May 2002. The RWD must demonstrate how-.the proposed increase..in-discharge.volume and strength will comply with the Basin Plan and with the State Water Resources Control Board's Resolution No. 68-16. 30. 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 1 finds that the Discharger is discharging waste in violation of WDRs Order No. 97-037 (as described in Findings 13 through 16), and in violation of C&A Order No. 5-00-717 (as described in Findings 17 through 22). 31. Surface water.drainage from the facility is to the Sacramento San Joaquin Delta: 32. 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-