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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ACL COMPLAINT NO. R5-2004-0534 ADMINISTRATIVE CIVIL LIABILITY IN THE MATTER OF MUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY This Administrative Civil Liability Complaint (hereafter Complaint) is issued to Musco Family Olive Company and the Studley Company based on failure to comply with Time Schedule Order(TSO) Nos. R5-2002-0014 and RS-2002-0014-ROI and as issued pursuant to Sections 13308 and 13267 of the California Water Code (CWC). This Complaint is issued pursuant to Article 2.5 of the CWC, which authorizes the imposition of administrative civil liability. The Executive Officer of the Regional Water Quality Control Board, Central Valley Region, (Regional Board) finds the following: 1. Musco Family Olive Company owns and operates an olive brining and packaging facility on land (Assessor's Parcel Numbers 209-11-18, 209-11-31, 209-11-32, 251-32-08, 251-32-09) leased from the Studley Company, a California limited partnership. The facility is southwest of the town of Tracy, near Patterson Pass Road in San Joaquin County, in Section 4, T3S, R4E, and Section 34 T2S, R4E, MDB&M. Musco Family Olive Company and the Studley Company are hereafter jointly referred to as "Discharger." 2. Two separate Waste Discharge Requirements (WDRs) Orders regulate the discharge of the facility's processing wastewater to land. WDRs Order No. 96-075, adopted on 22 March 1996, regulates the Title 27 Class II surface impoundments used to store concentrated brines, while WDRs Order No. R5-2002-0148, adopted on 6 September 2002, regulates the uncontained discharge to land of less concentrated wastewater. WDRs Order No. R5-2002-0148 revised and rescinded WDRs Order No. 97-037. WASTE GENERATION AND DISPOSAL 3. The facility processes olives year-round and generates several wastewater streams. The wastewater system is used to collect and land apply industrial wastewater. Primary treatment (screening) occurs prior to discharge to a one-million gallon(I-MG) pond. The wastewater is then pumped directly to the land application area, (also referred to in Orders as "land application system" or"land treatment unit" (LTU)) or to an 84-million gallon(84-MG) reservoir. 4. The facility is on approximately 280 acres, of which approximately 200 acres are available for land application of process wastewater. Wastewater is currently discharged via spray irrigation to 29 distinct plots or fields, the majority of which occupy sloping terrain. Runoff from applied wastewater and storm water is collected and discharged to the 84-MG reservoir.