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Ms. Charlene Herbst Mr. Sean Walsh Mr. Jay Cross August 5,2009 Page 4 of 5 g. Lima Ranch's 2008 Annual Report was turned in on June 23, 2009. The deadline for the 2008 Annual Report was July 10, 2009. RWQCB has not yet completed its review of the 2008 Annual Report. Notwithstanding the fact that both Lima Ranch and the RWQCB have information indicating that the dairy's operations are being conducted improperly and contrary to applicable regulations, resulting in adverse impacts to groundwater, Lima Ranch is flaunting the fact that the RWQCB has ostensibly disregarded its statutory enforcement obligations. You should also know that Lima Ranch's own environmental consultant took split samples during the GER investigation, and given that Lima Ranch's lawsuit does not contest the data contained in the Fact Sheet, the splits are almost certainly within the parameters of the GER results. Therefore, Lima Ranch has the GER data evidencing a groundwater problem beneath its facility, and Lima Ranch has its own consultant's data evidencing a groundwater problem beneath its facility, yet, Lima Ranch has not made any report to the RWQCB as required by law nor taken any other action to investigate the problem. At this juncture there is no indication that: ■ The RWQCB has any concern that groundwater underlying the Lima Ranch contains nitrogen (nitrate) at levels more than 10 times the MCL, and that this contaminated groundwater is migrating off-site; ■ The RWQCB has any idea of the scope and breadth of the adverse impacts to groundwater from the Lima Ranch; ■ The RWQCB has any information concerning the location of active domestic wells vis-a-vis the Lima Ranch; ■ The RWQCB has any knowledge whether infants, children, or the infirm are consuming nitrate-impacted groundwater from local domestic wells. In sum, the RWQCB is not fulfilling its mission to "preserve and enhance the quality of California's water resources for the benefit of present and future generations." For this reason we have addressed this letter to the Department of Toxic Substances Control with the hope and expectation that DTSC does not share the same impediments to taking appropriate action that the RWQCB seems to have.