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Californiaegional Water QualitfControl Board Central Valley Region59 Ter Tamminen Robert Schneider,Chair Terry Arnold Schwaaenegger Secreiaryfor 3443 Routier Road,Suite A,Sacramento,California 95827-3003 Governor Environmental (916)255-3000•Fax(916)255-3015 Protection http://www.swrab.ca.gov/mgcb5 Jim Crandell 8 October 2004 Robert Mondavi Woodbridge Winery P.O. Box 1260 Woodbridge, CA 95258 WATER CODE SECTION 13267 ORDER FOR TECHNICAL REPORTS, ROBERT MONDA VI CORPORATION, WOODBRIDGE WINERY, SAN JOAQUINCOUNTY Regional Board staff has reviewed the 29 July 2004 letter, submitted on behalf of Robert Mondavi Corporation (Mondavi)by Janet Goldsmith of Kronick,Moskowitz, Tiedman & Girard. In that letter, Ms. Goldsmith commented on the Draft Cleanup and Abatement Order(CAO) that staff had prepared to address a condition of apparent groundwater degradation at the Mondavi Woodbridge Winery site. Ms. Goldsmith opposed the issuance of a CAO, characterizing such action as premature and unsupported by evidence. She stated that, because the upgradient monitoring wells are situated near the Mokelumne River, the difference in constituent concentrations between those upgradient wells and the downgradient wells, which suggest a condition of groundwater degradation due to the discharge of waste, may instead reflect dilution by the river. She reiterated the opinion,previously expressed by your consultant, that "although there appears to be a correlation between winery treated process water land application areas and elevations of constituents of concern in groundwater, there are insufficient data to provide a definitive analysis of spatial and temporal trends". Ms. Goldsmith concluded that further investigation and data gathering were needed to identify and correct any causes of elevated constituents of concern in the groundwater underlying the facility. In light of Ms. Goldsmith's comments, staff has reviewed the available site data and has concluded that, although the technical reports that were proposed in the Draft CAO are justified,the issuance of a CAO at this time is premature, especially in light of the expressed willingness of Mondavi to thoroughly investigate the situation. As an alternative to the issuance of a CAO,Ms. Goldsmith proposed that the Regional Board enter into an enforceable legal agreement that would require Mondavi to prepare and submit the same reports within the same timeframe as had been proposed in the Draft CAO. While we appreciate Ms. Goldsmith's proposal, it would be administratively very difficult and time consuming for the Regional Board to enter into such an agreement. A more conventional and efficient method for staff to address the situation is to issue an order for the necessary technical reports under Section 13267 of the California Water Code(CWC). That Section states "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 monitoringprogram reports which the California Environmental Protection Agency ea Recycled Paper