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ITEM: 15 JAN 15 2002 s ENVIRONMENT HEALTH SUBJECT: Musco Olive Products and the Studley Company, San Joftft" V1�� Consideration of a Cease and Desist Order and'California Water Code ec ion 13308 Order DISCUSSION: Musco Olive Products and the Studley Company(Discharger) operate an olive processing and canning facility near the City of Tracy. The facility generates wastewater with elevated concentrations of total dissolved solids, sodium, and chloride; this wastewater is applied to land. Due to numerous violations of WDRs Order No. 97-037,the Executive Officer issued Cleanup and Abatement(C&A) Order 5-00-717 in November 2000. The C&A requires that the Discharger immediately cease discharging waste to surface waters,cease applying waste during rain events, and comply with the waste loading rates. In addition,the Discharger was required to submit a number of reports and to implement all facility improvements no later.than 1 November 2001. While the Discharger has submitted most of the reports,the facility improvements have not been completed. A recent staff inspection found numerous violations of the WDRs, including the fact that wastewater continues to be discharged at flow and salt loading rates significantly higher than allowed,wastewater is applied to land during rain events, significant amounts of tailwater enter an intermittent stream, and the storage pond routinely overflows to the same drainage course. The failure to improve and/or operate the wastewater system in compliance with the WDRs and C&A has allowed the Discharger to realize an economic benefit by delaying the expenditure of funds necessary to fully mitigate the i impacts on water quality from this particular discharge of waste. I The proposed C&D requires the Discharger to modify its system to meet the flow, dissolved inorganic solids, and BOD loading rates required by the WDRs. For each item, each day of noncompliance after 10 February 2002 will subject the.Discharger to a$2,500 penalty. The Discharger is also required to submit reports regarding the installation of groundwater monitoring wells and an evaluation of its domestic wastewater system. Failure to submit any of these reports subjects the Discharger to a penalty of$2,500 per day late. The C&D also states that if the facility is not in complete compliance with the WDRs by 1 July 2002,then all discharge of wastewater must cease. In addition, if the Discharger fails to comply with any aspect of its WDRs at any time after 1 July 2002,then it must cease all discharges of waste within ten days of written notification by the Executive Officer. RECOMMENDATION: Adopt the Cease and Desist Order and California Water Code Section 13308 Order as proposed. Mgmt. Review Irn i Legal Review L6� - Central Valley Regional Water Quality Control Board 25 January 2002 r i 1