SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

• t Messers. Chinchiolo and Stonebarger -2 - 26 August 2004 A flow meter was subsequently installed and staff observed the meter during a 19 September 2001 site inspection. However, CSC representatives stated that the meter failed to accurately measure the wastewater flow. In a 25 October 2001 California Water Code Section (CWC) 13267 Order For Report, the lack of reliable flow metering was cited as a violation of the WDRs. The 13267 Order stated: Flow measurements are not reported or are reported at extreme flow rates. No reliable flow rates have been reported through the third quarter 2001. The reported rates vary from "ND" to "13,850,400 million gallons per day. " In 7 September 2000 correspondence, the Regional Board required Chinchiolo Fruit/Sierra Hills to meter the flow rate as required by the Waste Discharge Requirements. Over a year later, the flow metering has not been accomplished. By 7 December 2001, Chinchiolo Fruit/Sierra Hills shall submit a report describing the repair and calibration of the flow meter. Further failure to monitor the flow rate may result in additional enforcement action, including administrative civil liabilities. Based on a 15 August 2002 site inspection, a 20 September 2002 Notice of Violation (NOV)was issued for a number of violations; failure to report wastewater flow was cited as an ongoing violation from October 2001 to June 2002. During the meeting of July 2004; CSC informed staff that the flow meter was not calibrated until April 2004, and that therefore any flows measured before this period were suspect. Failure to comply with a CWC 13267 Order for reports subjects a discharger to a potential civil liability of up to $1,000 per day. Because CSC did not accurately calibrate the flow meter until April 2004, it is now subject to a maximum liability of$850,000. While staff is not yet proposing that management consider issuing an Administrative Civil Liability against CSC,please be forewarned that any civil liability will include these flow meter violations. Preparation of RWD The 20 September 2002 NOV required Chinchiolo Fruit Company to submit an RWD describing the improvements to the wastewater system that were proposed during the August 2002 site inspection. This RWD was required by 4 November 2002. However, CSC did not submit the RWD by the required date, and staff subsequently approved CSC's requests for an extension on 14 November 2002 (a 30 day extension)and on 22 October 2003 (new submittal date of 31 January 2004). The RWD was submitted on 29 January 2004 but it did not contain accurate wastewater quality or flow generation data. Furthermore,the RWD did not describe the planned wastewater system and in the 28 July 2004 meeting, CSC representatives stated final plans for the wastewater improvement system could not be prepared—largely because accurate flow metering data was not available. In our 28 July 2004 meeting, staff agreed to postpone consideration of the tentative WDRs to allow CSC to study the wastewater flow, wastewater quality, and groundwater quality. The results shall be presented in technical reports for staff review. This delay is acceptable to allow CSC time to perform technical studies, develop an understanding of groundwater conditions, and finalize plans for wastewater system improvements. However, continued failure to collect the basic data necessary for preparation of a RWD will result in staff proposing enforcement actions, as described below. W:lS1eTAG=a' IoywnZW=Wolo FrvtTW=Wolo 24 Au U.E