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California Regional Water Quality Control Board Central Valley Region (a Robert Schneider Chair Alan C.Lloyd Ph.D. Arnold Schwarzenegger Agency Secretary Sacramento Main Office Governor Intemet Address: http://www.waterboards.ca.gov/centralvalley/ 11020 Sun Center Drive,#200,Rancho Cordova,CA 95670-6114 Mo u u Sclaya Phone(916)464-3291 •FAX(916)464-4780 u U SEP - g 2005 6 September 2005 ENVIROMMENT HEALTH PERMIT/SERVICES Nick Sikeotis Jessie's Grove Winery 1973 W. Turner Road Lodi, CA 95242 SECOND NOTICE OF VIOLATION,RESPONSE TO RWQCB's 6APRIL 2005 NOTICE OF VIOLATION, JESSIE'S GROVE WINERY, SAN JOA QUIN COUNTY Staff has reviewed the 12 April 2005 Response to RWQCB Correspondence Dated Apr. 6 2005 (Response)prepared by Neil O. Anderson and Associates (NOA) and determined that some of the replies to the Regional Board's 6 April 2005 Notice of Violation (NOV) are inadequate. Furthermore, the Regional Board never received the Response document until Ms. Abby Racco of NOA transmitted it via facsimile on 19 August 2005. It should be noted that staff has spent an unusually high number of hours responding to NOA's incomplete or inadequate submittals and the Response continues the trend. Failure to submit complete technical reports may result in imposition of an Administrative Civil Liability Complaint(ACLC). Staff has the following comments on the Response: • The Response ignores many of the comments provided by staff in the 6 April 2005 Notice of Violation. Those comments are repeated at the end of this letter in the section titled, "Remaining Issues." • The Response indicates no monitoring wells are proposed for the stormwater pond and that the wastewater system has been upgraded to prevent stormwater/wastewater mixtures from entering the stormwater pond. Staff has reviewed the (revised) 5 May 2005 O&M Plan sections that address stormwater issues and determined the improvements are unlikely to prevent stormwater/wastewater discharges to the stormwater pond. For example, Section 3.5 of the O&M Plan states: If the spray irrigation system is operational, it should be capable of processing all stormwater that enters the system. Such statements do not provide a realistic approach to handling the stormwater/wastewater issues at the site. If winds exceed 30 miles per hour (not an uncommon event during Northern California storms) then spray application may be prohibited. Land Application Requirement D.7, states: California Environmental Protection Agency 0 Recycled Paper