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WASTE DISCHARGE REQUIREMENTS ORDER NO.R5-2002-0148 - 19- MUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY WASTEWATER TREATMENT AND LAND DISPOSAL FACILITY SAN JOAQUIN COUNTY 88. In regards to decomposable waste, the Discharger has not, among other things, demonstrated the appropriate loading of the LTU and operating controls as required to assure no organic constituents leach below the treatment depth,which is also not justified. However, as a general guide, Pollution Abatement recommends an LTU for food-processing wastewater not exceed a loading of BODS of 100 lbs/acre-day to prevent development of nuisance odor conditions. The RWD describes the projected BOD average loading rate as approximately 70 lbs/acre-day; however, recent monitoring reports show that the discharge contains much higher BOD loading rates which will not comply with the recommendation in Pollution Abatement. 89. The Discharger has not proposed a project that will assure no degradation for constituents that already exceed water quality objectives and therefore is inconsistent with the Basin Plan and cannot be exempted from Title 27 standards. OTHER REGULATORY CONSIDERATIONS 90. Section 13267(b) of California Water Code provides that: "In conducting an investigation specified in subdivision(a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports." The technical reports required by this Order and the attached"Monitoring and Reporting Program No. R5-2002-0148" are necessary to assure compliance with these waste discharge requirements. The Discharger operates the facility that discharges the waste subject to this Order. 91. State regulations pertaining to water quality monitoring for waste management units are found in Title 27. These regulations prescribe procedures for detecting and characterizing the impact of waste constituents on groundwater. While the facility has been found exempt from Title 27,the data analysis methods of Title 27 are appropriate for determining whether the discharge complies with the terms for protection of groundwater specified in this Order. 92. The California Department of Water Resources sets standards for the construction and destruction of groundwater wells (hereafter DWR Well Standards), as described in California Well Standards Bulletin 74-90 (June 1991) and Water Well Standards: State of California Bulletin 94-81 (December 1981). These standards, and any more stringent standards adopted by the State or County pursuant to CWC section 13801, apply to all monitoring wells. 93. On 28 February 1997, the Regional Board adopted a Negative Declaration for this project. The negative declaration described a discharge of 500,000 gpd to 200 acres of cropland, and