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ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO.R5-2004-0534 2 MUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY ENFORCEMENT ORDERS 5. The facility has an extended history of inadequate storage and disposal capacity. Between 28 February 1997 and 16 November 2000, the Discharger regularly violated various prohibitions and specifications contained in WDRs Order No. 97-037. Nevertheless, in 1999 the Discharger acquired an olive packing business in Visalia and transferred olive production under the Early California black label to the facility. On 17 November 2000 the Executive Officer issued Cleanup and Abatement (C&A) Order No. 5-00-717,which required the Discharger to prepare technical reports and construct wastewater treatment system improvements to comply with WDRs Order No. 97-037 by 1 November 2001. 6. The Discharger did not comply with C&A Order No. 5-00-717 and the Regional Board adopted TSO No. R5-2002-0014 on 25 January 2002. The TSO allowed interim greater flow and increased effluent limits for dissolved inorganic solids (DIS); but required control of nuisance odors; installation of groundwater monitoring wells, an evaluation of the domestic wastewater system, construction of wastewater treatment improvements, expanded cropping of land application areas, submittal of the delinquent reports required by Order No. 97-037 and the C&A Order, submittal of the monthly status reports, and compliance with Revised Monitoring and Reporting Program (MRP)No. 97-037. 7. The Executive Officer issued Administrative Civil Liability (ACL) Complaint No. R5-2002-0502 for$150,000 on 11 April 2002 for violations of WDRs Order No. 97-037 in the time period between issuance of C&A Order No. 5-00-717 and TSO adoption. The Discharger waived a public hearing and paid the $150,000. 8. On 6 June 2002, the Regional Board revised the terms of the time schedule by adopting TSO No. R5-2002-0014-ROI. It authorized greater flow, application of wastewater as dust control in disturbed areas of the impoundment construction area, and additional time to complete the 84-MG reservoir. The revision required the Discharger to provide an odor control report, evaluate the adequacy of monitoring well MW-9, and perform and submit the results of an additional groundwater monitoring event. 9. The Executive Officer issued C&A Order No. R5-2002-0149 on 6 September 2002, which: a. Required immediate compliance with all aspects of WDRs Order No. R5-2002-0148, except the effluent total dissolved solids and sodium limitations, and established a time schedule for phased reductions in total dissolved solids and sodium concentrations; and b. Required preparation of certain technical reports. 10. In August 2003, the Discharger agreed to pay$540,000 to settle an environmental complaint filed in 2003 by the San Joaquin County District Attorney's Office. The amount was reduced from $5 million initially sought for violations committed by the Discharger, including polluting a nearby stream with salty processing wastes, misleading regulatory agents to conceal violations, and not designing its wastewater treatment and disposal facilities adequately to handle excess wastewater resulting from the Discharger's acquisition in 1998 of the Early California black olive label, which doubled the Tracy plant's processing capacity.