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CLEANUP AND ABATEMENT ORDER NO.R5-2002-0149 - 3 - MUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY WASTEWATER TREATMENT AND LAND DISPOSAL FACILITY SAN JOAQUIN COUNTY 2002. In addition to the interim higher flow limits, the Discharger was allowed to apply wastewater as dust control in disturbed areas of the impoundment construction area and was allowed additional time to complete the 84-million gallon storage pond. The Discharger was required 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. 14. As a result of the enforcement actions, the Discharger is constructing an 84-million gallon storage pond and making improvements to the land application areas. The improvements include planting crops on the land application areas,mechanical equipment to improve distribution of wastewater on the land application areas, construction of tailwater collection ditches, and sumps equipped with pumps to return collected tailwater to either the 1-million gallon settling pond or the 84- million gallon storage pond. The improvements were designed to prevent wastewater from entering the surface water drainage course that flows though the land application areas and the facility. 15. Revised TSO No. R5-2002-0014-ROI requires that, as of 7 September 2002, the Discharger be in continuous compliance with the daily flow limit of 500,000 gpd described in WDRs No. 97-037. WDRs Order No. R5-2002-0148 allows the Discharger a monthly average flow of 800,000 gpd. Therefore, the limitation in the Revised TSO is no longer necessary and will be rescinded with adoption of this Cleanup and Abatement Order. 16. Revised TSO No. R5-2002-0014-ROI requires that, as of 7 September 2002, the Discharger comply with the DIS and BOD loading limits contained in WDRs No. 97-037. WDRs Order No. R5-2002-0148 contains updated effluent limits. Therefore, the limitation in the Revised TSO is no longer necessary and will be rescinded with adoption of this Cleanup and Abatement Order. REGULATORY CONSIDERATIONS 17. As a result of the events and activities.described in this Order, the Regional Board finds that the Discharger has caused or permitted waste to be discharged in such a manner that it has created, and continues to threaten to create, a condition of pollution or nuisance. 18. The Regional Board's Water Quality Control Plan(Fourth Edition) for the Sacramento River and San Joaquin River Basins (Basin Plan) establishes the beneficial uses of the waters of the state and water quality objectives to protect those uses. The beneficial uses of the groundwater beneath the site are municipal and domestic supply; agricultural supply; industrial service and process supply; contact and noncontact recreation; warm and cold freshwater habitat; warm and cold spawning habitat; warm water spawning;wildlife habitat; and navigation. 19. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into waters of this state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the state board,or who has caused or permitted,causes or permits,or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the water of the state,and creates,or threatens to create,a condition of pollution or nuisance,shall upon order of the regional board clean up the waste or abate the effects of the waste,or, in case of threatened pollution or nuisance,take other necessary remedial action,including but not limited to,overseeing cleanup and abatement efforts. Upon failure of any person to comply with the cleanup or abatement order,the Attorney General,at the request of the board,shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In