SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO.R5-2004-0534 -4- 1vfUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY C. Task 4 specifies a time schedule for complying with C&A Order No. 5-00-717, which required immediate compliance with all aspects of WDRs Order No. 97-037, including flow and capacity limitations. Task 4 limits the 7-day average flow discharged to land to 820,000 gpd and the daily maximum flow to 950,000 gpd between 7 June and 6 September 2002. The SMRs reveal two days during this period when the daily maximum flow limit was exceeded. Pursuant to the TSO, the maximum penalty for these violations is $5,000. d. Task 5 specifies a time schedule for complying with C&A Order No. 5-00-717, which required immediate compliance with DIS effluent limitations specified in WDRs Order No. 97-037. Task 5 limits the 7-day average DIS concentration in the discharge to land to 2,500 mg/L between 1 February and 6 September 2002. The MRP required monthly monitoring for DIS, but as the Discharger monitored and reported DIS more frequently (weekly or once per two weeks) the reported values are used to determine compliance with the 7-day average limit. The SMRs reveal 12 occasions during this period when the discharge's DIS concentration exceeded 2,500 mg/L. Pursuant to the TSO, the maximum penalty for these violations is $30,000. e. Task 6 specifies a time schedule for complying with C&A Order No. 5-00-717,which required immediate compliance with all aspects of WDRs Order No. 97-037, including not causing a nuisance condition. Task 6 required the Discharger to modify its wastewater treatment and/or disposal system by 22 February 2002 such that nuisance conditions would no longer be perceivable beyond the boundary of the Discharger's property. The discharge area is adjacent to Interstate Highway 5 and offensive odors emanating from the discharge can adversely affect the considerable number of persons driving on the highway. However, the degree and occurrence of offensive odors has greatest impact on the only homeowner residing near the Discharger's property. Task 13 required a report by 28 June 2002 on additional measures implemented to minimize offensive odors due to the land application of wastewater. Despite these directives, the Discharger was issued a Notice of Violation (NOV) on 18 September 2002 for causing nuisance odor conditions. The NOV indicated that staff visited the discharge area on a weekly basis in August and September 2002 to investigate odor complaints by nearby residents and confirmed the discharge had created nuisance odors on 28 August, 4 September, 11 September, and 18 September. The Discharger was issued another NOV on 15 October 2002 for, among other things, causing nuisance odor conditions confirmed by staff on 9 October 2002. The Discharger was issued another NOV on 10 July 2003 for nuisance odor conditions confirmed by staff on 30 May 2003. Pursuant to the TSO, the maximum penalty for these confirmed violations is $30,000. f. Task 8 required the Discharger to submit by 25 March 2002 a report evaluating the facility's domestic wastewater disposal system. On 20 February 2002, the Discharger submitted the report, but Regional Board letter dated 19 April 2002 deemed the report substantially incomplete and indicated a revised report would be expected by 30 May 2002. The Discharger submitted a revised report on 3 June 2002 that was subsequently accepted as complete. A complete report was delinquent by 70 days, 25 of which were for staff review and response time. Pursuant to the TSO, the maximum penalty for this violation is $175,000.