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California Regional Water Quality Control Board Central Valley Region b Robert Schneider,Chair Gray Davis Winston H.Hickoz Secretaryfor Sacramento Main Office Governor Environmental Internet Address: http://www.swrcb.ca.gov/Mgcb5 Protection 3443 Routier Road,Suite A,Sacramento,California 95827-3003 ��v n�D Phone(916)255-3000•FAX(916)255-3015 REC 15 October 2002 /�11 OCT 16 2002 ENVIRONMENT HEALTH Mr. Benjamin Hall Mr. Nick Musco PERMIT/SERVUS Musco Family Olive Company Studley Company 17950 Via Nicolo Road 17950 Via Nicolo Tracy, CA 95376 Tracy, CA 95376 NOTICE OF VIOLATION, MUSCO FAMILYOLIVE COMPANY, TRACY, SANJOAQUIN COUNTY Staff inspected the Musco Family Olive Company's Tracy facility on 9 October 2002 to investigate odor complaints from nearby residents and view the ponded water spilled from the one-million gallon Settling Pond (1-Mgal Pond). A photograph log is attached. The following violations of Waste Discharge Requirements (WDRs) Order No. R5-2002-0148 were noted: • An ongoing discharge of wastewater to the surface water drainage was observed at the 1-Mgal Pond. The discharge is a violation of Discharge Prohibition A.1, which prohibits the discharge of wastes to surface waters. The discharge was occurring via the overfill discharge pipe. The discharge to the surface water drainage was confirmed by observing the flow of wastewater in the drainage course. • Discharge Prohibition A.2 prohibits discharge of wastes within 100 feet of a surface water drainage course. The discharge to the drainage course is a violation of this prohibition. • Discharge Prohibition A.3 prohibits bypass or overflow of unscreened waste. The discharge to the drainage course constitutes bypass of the land treatment units. • Discharge Prohibition A.8 prohibits discharge of wastewater into the I-Mgal Pond when the pond has less than two-feet of freeboard. Because the overflow pipe is set at an elevation above the water level that provides two-feet of freeboard, discharge indicates violation of this prohibition. In addition, discharge into the 1-Mgal Pond continued despite the inadequate freeboard condition. • Discharge Specification B.2 requires that the discharge shall not cause a nuisance or condition of pollution as defined by the California Water Code. The ongoing nuisance odor condition is a violation of this specification. Nuisance odors were noted at the private residence east of the irrigation checks on 9 October 2002. Therefore, Musco Family Olive Company has generated nuisance odors that exist beyond the limits of the property in violation of WDRs and Time Schedule Order(TSO) No. R5-2002-0014-ROI. It is noted that as required by California Water Code Section 13308, the TSO prescribes a civil penalty amount of$5,000 per day of confirmed odor violations. California Environmental Protection Agency C4 Recycled Paper The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at http://www.swrcb.ca.gov/rwgcb5