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California ",mgional Water Quality Cc rol Board Central Valley Region Katherine Hart,Chair tw Undo S.Adams 11020 Sun Center DO"#200.fian�o Cordova.California 9567Q 6114 void Swwnybun eda Phone 4916)4643291 •FAX(916)464-4645 Schwarzenegger E p htlp:/hvww.waterboards.ca.gov/contmNalley Governor 24 November 2010 �lVLD Ben Hall NOV ft 2010 Musco Family Olive Company. 17950 Via Nicolo E 0#80MMEWAL N ,� Tracy, California 95377 p NOTICE OF VIOLATION. ENCROACHMENT ON FREEBOARD OFPOND A CLASS 0 SURFACE IMPOUNDMENT,MUSCO FAMILY OLIVE COMPANY,SAN JOAQUIN COUNTY In an email dated 10 November 2010, Musco Family Olive Company (Musco) notified staff of the Centra!.Valley Water Board of a freeboard encroQchment at Pond A. Pond A is one of two Class II Surface Impoundments at the Musco facility that contains designated waste and is regulated under Waste D4pharge.Requirements (WDRs)Order R5-2005-0024. Discharge Specification B.4. of the WDRs states: "Surface Impoundments and related containment structures shall be constructed and maintained to prevent ... overtopping under 1,000-year, 24- hour precipitation conditions, and shall be designed to contain the 100-year wet season precipitation without using the required 2 feet of freeboard." According to the email notification, Musco encroached on the 2-foot freeboard of Pond A by approximately 4.5 inches, which constitutes a violation ofIkbks'Order R5-2005-0024. Although Musco pians to remove wastewater for offsite disposal to return the pond to compliance with the freeboard requirement, we are concerned about Musco's ability to contain the waste during the upcoming rainy season. Review of Musco's 2010 Facility Monitoring Report, which was submitted pursuant to Section B.3 of Monitoring and Reporting Program (MRP) R5-2005-0024, indicates that Musco reports water surface elevations in the impoundments rather than freeboard measurements. Actual freeboard data (as measured with respect to the lowest possible point of overflow) are required to determine compliance with Dischawspecification-R�,--- — --- — -- — -By B December 2010, Musco shall submit a plan and schedule describing how Musco will bring the liquid level of Ponds A and B into compliance with Discharge Specification B.4 and maintain compliance during the wet season. The plan must include the following: 1. A revised 2010 Facility Monitoring Report for the Class II Surface Impoundments pursuant to Section B.3 of the MRP and Section FA.f of the Standard Provisions and Reporting Requirements. The report shall include the elevation of the lowest point of overflow for Ponds A and B (where freeboard is measured), a description of how freeboard will be measured and/or calculated, and the freeboard for each impoundment on the date the oMOinat report was`submitted. 2. A site plan showing the lowest point of overflow for Ponds A and B. Callfnrnia Environmental Protection Agency CoRecycled paper