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EXHIBIT 1

EXHIBIT 1

Waste Discharge Requirements General Order for Existing Milk Cow Dairies

Order R5-2013-0122

(General Order)

Can be viewed at:

http://www.waterboards.ca.gov/centralvalley/board decisions/adopted orders/general orders/rs -2013-0122.pdf

Water Boards

Central Valley Regional Water Quality Control Board

22 October 2014

CMC Landholdings LLC c/o Mike Borba . 1351 Geer Road #103 Turlock, ·cA 95380

EXHIBIT 2

~ O<CRti'AAYe<,n li.N'VfAOHMliNrAL PAOJQCrtoN

OWNER AND OPERATOR TRANSFER APPROVAL FOR THE CMC LANDHOLDINGS LLC, !2.]:f::JiJNW:O~bAvaNlJ&,,tlJR:LOC.K,.S.T-1;\NIS.LAl!.S . .COUNTYf

Central Valley Re.gional Water Quality Control Board staff has received your 6 October 2014 request for transfer of owner and operator for the dairy located at 4207 Linwood Avenue in Turlock, Stanislaus ~ounty. The information you provided for the transfer is complete. As the new owner and operator, Mike Borba, dba CMC Landholdings LLC., is now authorized to own and operate the CMC Landholdings LLC in compliance with Waste Discharge Requirements General Order No. R5~2013-0122.

If you have any questions please contact Charlene Herbs~ at {916) 464-4724 or [email protected] .

Pamela C. Creedon Executive Officer

K ARL E. LONGLEY So O, P . E. , OIIAIR I PAMELA C, C REEDON P.E., SCEE, EXECUTIVE OFFICER

11020 Sun Center Drive #200, Rancho Cordova, CA 95670 I www.waterboards.ca.gov/centralvelley

a RC'OYOl!O PAP!"

- - ;-, .-,::·-. ~• ...... ' ,'-

Map of Parcels Surrounding CMC Land Holdings LLC in Turlock, CA

CMC Land Holdings LLC (Facility) 4207 West Linwood Avenue, Turlock APN# 044-004-028-000

EXHIBIT3

Herbst, Charlene@Waterboards

From: Sent: To: Cc: Subject:

-----Original Message-----

Shelton, Brad@Waterboards Friday, November 20, 2015 8:42 AM Herbst, Charlene@Waterboards; Wyels, Wendy@Waterboards Meeks, Steven@Waterboards

FW: Hazardous Materials Spill Report: Cal OES Control #:15-6850

From: Warning Center [mailto:[email protected]] Sent: Friday, November 20, 2015 8:17 AM To: Shelton, Brad@Waterboards

Subject: Hazardous Materials Spill Report: Cal OES Control #:15-6850

Please confirm receipt via email or call 916-845-8911.

Governor's Office of Emergency Services Hazardous Materials Spill Report

DATE: 11/20/2015 I RECEIVED BY Cal OES: Randall Perez I Cal OES CNTRL #:15-6850 TIME: 0728 I RECEIVED BY OSPR: I NRC#:

1.a. PERSON NOTIFYING Cal OES

1. NAME: Officer Paul Heppner I 2. AGENCY: Turlock Police Department

3. PHONE#: 209-535-3132 I 4. EXT: I 5. PAGER#:

1.b. PERSON REPORTING SPILL (If different from above): 1. NAME: I 2. AGENCY: 3. PHONE#: I 4. EXT: I 5. PAGER#:

2. SUBSTANCE TYPE:

a. SUBSTANCE: / b.QTY: /Amount/ Measure/ c. TYPE/ d. OTHER / e. PIPELINE / f. Vessel Over=> 300 tons

1. Solid Wastewater (non operable dairy farm)/=/ Unknown/ N/ A/ OTHER/ Wastewater / No/ No ---------------------------------·---------------------------------2.

3.

g. DESCRIPTION: A levy of a dairy lagoon located near 4207 West Linwood

EXHIBIT 4

Avenue in Turlock broke this morning for unknown reasons. The levy break is approximately 7'-10' wide. The lagoon consists primarily of water and feces from the wash down areas used for cattle. The size of the lagoon is roughly 1,000' x 200' x 10' and was at or near full capacity at the time of the release. The release has exited the lagoon and entered a

1

nearby concrete canal and an open field. Under normal circumstances, the lagoon serves a secondary purpose of agriculture irrigation of the neighboring fields.

The owner/ operator has been contacted and is en-route to the scene. The Turlock Irrigation District has also been

notified of the release. The reporting party stated the dairy does not appear to be active but approximately 300 cattle are on-site. No evacuations to the surrounding residences have been imposed. Residential homes in the area have been impacted by this event. Front yards and residential driveways are being flooded. East of the lagoon, two residential complaints of rising waste water have been reported . The waste water is now reaching levels capable of entering the homes (porch area).

No waterways were impacted by this incident. h. CONTAINED: Unknown I i. WATER INVOLVED: No j . WATERWAY: None I k. DRINKING WATER IMPACTED: No I. KNOWN IMPACT: Unknown

3.a. INCIDENT LOCATION: 4207 West Linwood Avenue b. CITY: Turlock I c. COUNTY: Stanislaus County I d. ZIP:

4. INCIDENT DESCRIPTION:

a. DATE: 11/20/2015 I b. TIME(Military): 0556 I c. SITE: Other I d. CAUSE: Other Reason for Other: Levy Break e. INJURIES: No I f . FATALITY: No I g. EVACUATIONS: No I h. CLEANUP BY: Unknown

e. INJURIES#: I f. FATALS#: I g. EVACS #:

5. SUSPECTED RESPONSIBLE PARTY: a. NAME: Bobby Borba & Mike Borba b. AGENCY: Co-Owner's C. PHONE#: 209-321-5444, 209-541-7001 I d. EXT: e. MAIL ADDRESS:

f. CITY: I g. STATE: CA I h. ZIP:

6. NOTIFICATION INFORMATION: a. ON SCENE: CHP, Police Dept. I b. OTHER ON SCENE: c. OTHER NOTIFIED: Turlock Irrigation District, Fish & Game d. ADMIN. AGENCY: Stanislaus County Environmental Resources e. SEC. AGENCY: f. ADDITIONAL COUNTY: g. ADMIN. AGENCY: h. NOTIFICATION LIST: DOG Unit: I RWQCB Unit: SB

AA/CUPA, DFG-OSPR, DTSC, RWQCB, US EPA, USFWS, CDPH-D.O., EMSA, LANDS, PARKS & REC, Co/WP, Co/Hlth, Co/EHlth

CONFIDENTIAL REMARKS:

Created by Warning Center on 11/20/2015 7:28:27 AM Last

Modified by Warning Center on 11/20/2015 8:17:31 AM

California State Warning Center

Governor's Office Emergency Services Phone: (916)845-8911

[email protected]

2

Link to Spill Report:

ht tp://w3.calema.ca.gov/operational/malhaz.nsf/SpillAIIDocs/479B615BACBAC62988257F03005500D5?0penDocument

3

CENTRAL VALL ' REGIONAL WATER QUALITY C lTROL BOAF

I INSPECTION REPORT EXHIBIT 5

DATE:

DAIRY & LOCATION:

CONTACTS:

INSPECTION DATE:

INSPECTED BY:

ACCOMPANIED BY:

23 November 2015

CMC Land Holdings LLC, 4207 W Linwood Avenue, Turlock, Stanislaus County

Mike Borba (209 541 7001)

20 November 2015

APPROVED Author: 6 6/L !! (t 5 , Senior: (JJJ,lt{ fZ f

Girma Getachew & Gilberto Corral, CVRWQCB

Mike Borba (owner) Joe Ramos, F & R Ag Services, Inc. Scott Cole (TIO, Water Operations Manager) Adam Cahn (Department of Fish and Wildlife)

Others personnel and Agencies present: Lucien Musso Stanislaus County, Hazardous Materials Division Ali Arshad, Stanislaus County, Hazardous Materials Division Wallace Low, Stanislaus County, Environmental Health Rachel Reiss, Stanislaus County, Environmental Health

OBSERVATIONS AND COMMENTS:

On 20 November 2015, Regional Water Quality Control Board staff received a Hazardous

Materials Spill Report from the Governor's Office of Emergency Services stating that a levee of

a dairy located near 4207 W Linwood Avenue in Turlock broke in the morning of 20 November

2015 for unknown reasons.

Upon arrival, staff noted that the wastewater lagoon located in the CMC Land Holding facility at

4207 Linwood Avenue released wastewater via a broken berm on the south side of the lagoon.

The wastewater then went into the corrals and into the residential areas across W Linwood

Avenue.

Dairy: Milking at the facility ceased in June 2014, the facility currently houses about 400 large

heifers. About 53 acres of cropland is associated with the facility.

Wastewater Ponds: - The facility has two wastewater ponds (one settling basin on the north

side and a larger wastewater lagoon on the south side). Staff noted the breached berm on the

south side of the lagoon was being repaired. When staff arrived, the flow of wastewater from

the lagoon had been stopped. According to Mike Borba (owner), the weir box that conveys

wastewater from the settling basin to the storage lagoon was clogged and prevented the

wastewater movement from the settling basin to the storage lagoon. To facilitate the wastewater

Page 1

CMC Land Holdings LLC 4207 W Linwood Avenue, Turlock

conveyance, the berm between the storage lagoon and settling basin was cut (opened) 3 to 4 ft.

wide. This may have resulted in a large amount of wastewater flow into the storage lagoon,

resulting in an observed 2 to 3 ft. drop in this wastewater level in the settling basin. The

wastewater lagoon did not have the required two ft. of freeboard based on the observed water

marks in the lagoon. In the Waste Management Plan, the existing and required storage

capacities were calculated to be 7.9 and 4.2 million gallons respectively. Lack of freeboard in

the lagoon was an indication that the Waste Management Plan was not properly implemented.

The discharge caused about a 4 to 5 ft. drop in the wastewater level in the storage lagoon

(visual assessment of the water marks on the inner berm). It was estimated that about 3.7 million gallons of wastewater was discharged.

Corrals: - The corrals on the north and south sides of the animal housing were flooded with

wastewater. The excessive flow of wastewater into the south corral forced wastewater into the

residential areas across W Linwood Avenue. The corrals were not graded and as a result extensive water ponding was noted.

Cropland: - the cropland on the west side of the storage lagoon was flooded with wastewater. There was no crop at the time of the flooding.

Residential areas: The front and back yards of a number of houses, including the areas around

domestic wells, were flooded with wastewater. Well-water samples were collected from two homes (4030 and 4406 W Linwood Avenue).

Turlock irrigation canals and laterals: - Wastewater from the storage lagoon entered the canal

located on the south side of the lagoon. The canal conveys water into the Harding Drain located

about 3 miles from discharge area. The Turlock Irrigation District was notified of the lagoon

breach on 20 November at about 5:00 to 5:30 AM by the residents impacted by the wastewater.

According to Scott Cole from TIO (Turlock Irrigation District), TIO closed the valve at Drop 32 on

the Harding Drain before wastewater reached the Drain, and redirected the wastewater to

nearby farmers to irrigate their cropland. By so doing TIO mitigated the wastewater reaching

Harding Drain. However there was wastewater in Harding Drain that was leaked due to a malfunctioning valve. Staff collected samples from the lagoon, TIO canals, and two domestic wells.

Mike Borba (one of the owners of the property) was first notified by TIO about the breach on 20

November at about 7:12 AM. He indicated that the breach may have been caused by gopher

holes or an old pipe on the south side of the storage lagoon.

The CMC Land Holdings facility violated the following prohibitions and specifications in the Reissued Dairy General Order:

Page2


1. Not implementing waste and nutrient management plans

2. The collection, treatment, storage discharge or disposal of wastes at an existing milk

cow dairy shall not result in the creation of a condition of pollution or nuisance (Prohibition A4)

3. The land application of manure or process wastewater to cropland for other than

nutrient recycling is prohibited (Prohibition A9)

4. The direct discharge of wastewater into groundwater prohibited (Prohibition A14)

5. The level of waste in the process wastewater retention (ponds) shall be kept a

minimum of two feet from the top of each aboveground embankment (Pond Specification C1)

6. Ponds designated to contain the 25-year, 24-hour storm event runoff must have a

depth marker that clearly indicates the minimum capacity necessary to contain the

runoff and direct precipitation from 25-year, 24-hour storm event (Pond Specification C3).

7. All dirt or unpaved corrals shall be graded to promote drainage (Production Area Specification 01)

SUMMARY AND CONCLUSION:

About 3. 7 million gallons of wastewater were discharged from the storage lagoon (based on the

observed 4 to 5 ft. drop in the liquid level in the storage lagoon and the 2 to 3 ft. drop in the

settling basin). In addition to corral ponding, the discharge impacted residential areas and TIO waterways, including some amount which went into the Harding Drain. The corrals were not

graded, resulting in extensive wastewater ponding. The ·Waste Management Plan and Nutrient

Management Plan were not implemented appropriately. The Production Areas, including

wastewater storage ponds, were not managed according the requirements outlined in the Reissued Dairy General Order.

Page 3


Photo 1: North side of west corral Photo 2:Wastewater ponding on south side of Linwood Avenue (east to west view)

Photo 3: Wastewater ponding in west side corral Photo 4: Wastewater ponding along Linwood Avenue (west to east view)

Page 4


Photo 5: Wastewater ponding in south side corral Photo 6: Wastewater ponding in south side corral ; wastewater being pumped back from residential areas in to corrals and then to pond

Photo 7: Wastewater being pumped from residential areas to corral (west to east view)

Photo 8 Wastewater being pumped from residential areas to corral

Page 5


Photo 9: Wastewater being pumped from residential areas to corral

Photo 11: Wastewater directed to cropland

. ll

Photo 10: Wastewater being pumped from residential areas to corral

Photo 12: Wastewater in TIO canal (south side of the lagoon; west to east view)

Page 6


1- ·

Photo 13: South side lagoon dropped 4 ,to 5 ft. due to the discharge

Photo 15: North side lagoon dropped 2-3 ft. due to the discharge

Photo 14: Wastewater from corrals being pumped back to lagoon

Photo 16: Wastewater from settling basin directed into lagoon by cutting the berm between them

Page 7


Photo 17 The broken berm of the lagoon being repaired

,.. _ 1 .20.2015 12 tS

c......-~ ~ ..J&J~ ~~_;;;;__ . ~ Photo 19: TIO canal south of the lagoon (east to west view)

Photo 20: TID canal east of the lagoon (west to east view)

Page 8


Photo 21: Wastewater ponding in south side corral and on road side (east to west view)

Photo 23: Wastewater reached groundwater well location

Photo 22: Wastewater being pumped from residential area into the corrals :

Photo 24: Wastewater reached wells in residential area

Page 9


Photo 25: Wastewater in Harding Drain

Photo 27: Wastewater in Harding Drain; the leaking area was being closed

10

Photo 26: Wastewater leaked into Harding Drain

Photo 28: Wastewater in Harding Drain: attempt to pump wastewater from the drain

Page

RWQC.Cenlral Valley 11020 Sun Center Dr. #200

Rancho Cordova, CA 95670

Analyte Result Re!)-011ing Limit

Ion Chromatography

Nitrate as Nitrogen J3.0 1.13

Wet Chemistry

Ammonia asN ND 0.100

Phosphorus ND 0. 15

Excelchem Environmental Lab.

Laboratory Representative

EXHIBIT6

Excelchem Environmental Labs

Project: None Project Number: (none] Date Reported: Project Manager: Gimia Getachew 11/25/15 15:37

#8 Wellwater 1S1114S-08 (Water)

Date Date MDL Uults DP Batch Prepared Analyzed Method Noto,

0.09 mg/L 10 AYKOl81 11/22/15 11/22/15 EPA300.0

0.0400 mg/L AYK0209 11124/IS 11/24/15 SM 4SOO-NH3 BIH

0.14 AYKO l90 11124/IS 11/24/15 SM-4SOOP

Tht results In this rtpott apply to the sampfet ana{yztd In accordonc, .. 11h /ht chain of austody dacument. This analytical ""POrl 1m111 114 l'fprodl1ced In 111 entirety.

Page 9 of 14

RWQC Centtal Valley

11020 Sun Center Dr. 11200 Rancho Cordova, CA 95670

Analyte Result Reporting Limit

Ion Chromatography

Nitrate as Nlfrogen 21.3 1.13

Wet Chemistry

AmmoniaasN ND 0.100

Phosphorus 0.19 0.15

Excelchem Environmental Lab.

Laboratory Representative

Excelchem Environmental Labs

Project None

Project Number: [none] Date Reported: Project Manager: Ginna Getachew I lf2S/l 5 15:37

#9 Wcllwater 1511145-09 (Wator)

Date Date Ml)L Unlls DP Bftlcb Prepared Analyzed Method Notes

0.09 mg/L 10 AYK0181 11/22/15 11/22/15 EPA300.0

0.0400 mg/L AYK0209 ll/'Wl5 I l/2S/IS SM 4SOO-NH3 Ml QC6

0.14 AYKOl90 11/24/IS 11/24/ 15 SM-45001'

•

Th, ruflfll In lltt~ report apply lo IM samplu analyud In accordance with tht clto/11 of c11stody docume111. 11,11 anolyl/cal report must b, reproduced In /Is 1111/rety.

Pago 10ofl4

' L I 1

I

Report # B5K2003

R &J Avila 811 9 Ellington Avenue Hilmar, CA 95324

Sample IO: Domestic Well 4030 (,Ab ID Sample Date /Time

05K2003·01 11/20/2015

Kanti Gandhi Chemist

11:50

EXHIBIT 7

GeoAnalytical Laboratories, Inc. 2300 Maryann Dr. Turlock, CA 95380 Phone (209) 669-0100 Pax (209) 593·2212

cmRII: lnfo@geoAnalyllcallab.~om

Project: 4030 Linwood

CERTIFICATE OF ANALYSIS

RL Method Analyte

1.00 351.3 'rota! Kjcldahl Nitrogen 1.00 SM4500-NH3 C AmmoniaasN NA SM9223 (Colitag) E.Coll NA Totill Collfonn

Certification# 2585

Date: 11/24/15

Date Rec'd: 11/20/15

Sampler: Rui Avila

Result llnlts Notes Started

2.00 mg/L 11/24/15 09:4() ND mg/L l l/23/1511 :01

Present NA 11/20/15 13:20 Present NA

. } ·, { / ·1 '\ ;,I"(' ">'\A\ \"·,.)U{•t

Donna Keller lA.f ') Laborato~ Director ·

t i I

I I I

I l

Report # B5K2004

R & J Avila 8119 Ellington Avenue Hihnar, CA 95324

Sample ID: Domestic Well 4406 I.ab ID Sample Date / Time

85K2004·01 11/20/20 IS


13:15

GeoAnalytical La boratorics, Inc. 2300 Maryann Dr. Turlock, CA 95380 Phone (209) 669-0100 Fax (209) S93-2212

email: [email protected]



RL Meth·od Analytc-

1.00 351.3 iotal Kjcldahl Nitrogen

1.00 SM4S00-NH3 C Ammonia as N NA SM9223 (Colitag) E. Coli NA Total Coliforrn

Certification 11 2585

Date: 11/24/15


Sampler: Rui Avila

Result

ND ND

Absent Absent

Unit~ Notes Started

mg/L I I '24/1 S 09;16 mg/L 11/23/1511:)1 NA I 1!20/15 13:20 NA

I) I/ .\'' i./01"".("'\ ~~ '· Donna Keller

Laboratory Director

,. I

!

!

EXHIBIT S

GeoAnalytical Laboratories, Inc. 2300 Marynnn Dr Turlook. CA 95380 Phone (209) 669-0100 Pax (209) 593-2212

Report # B5K2406

R &JAvila 81 19 Ellington Avenue Hilmar, CA 95324

Sample ID: Domestic Well 4030 l.Ab 10 Sample Date / Time

llSK2406·01 11/24/20 IS 10:10

,..--...

RL

1.00 1.00 NA NA

email: [email protected]



Method Analyte

351.3 Total Kjeldahl Nitrogen SM4500-NH3 C AmmoniaasN SM9223 (Colitag) E.Coll

Total Coliform

'· ,; I c '-w) t.__ •. -


Certi ficotion # 25 85

Date: 11 /25/15


Sampler: Josh Davis

Remit

I .SO ND

Present Pre.~cnt

Units Notu SIRrtcll

mg/L I J/25/IS 09 43 mg/L I 1/2S/I S 09 36 NA II /24/1 S 12:48 NA

-) .~ .. ). ) v l?r\. 'y\C,\, )· .• :J~ l

Donna Keller V{ , Laboratory Director

Exhibit 9

Central Valley Regional Water Quality Control Board

2 December 2015

CMG Land Holdings LLC clo. George P. Rodarakis, Esq. Rodarakis & Sousa 1301 L Street, Suite 4 Modesto, CA 95354

EXHIBIT 10

CLEANUP AND ABATEMENT ORDER NO. R5-2015-0757, CMC LAND HOLDINGS ' LLC DIS.CHARGE OF WASTEWATER TO GROUNDWATER, 4702 W LINWOOD

AVENUE, TURLOCK, STANISLAUS COUNTY

Enclosed for your immediate attention is Cleanup and Abatement Order No. RS-2015-0757 (Order) to the owner and operator of the facility located at 4702 W Linwood

- Avenue in-Turlock. This Order requires the immediate provision of interim uninter_rupted replacement water supplies to and the testing of domestic wells at residences south of W Linwood Avenue between S Washington Road and the facility located at 4702 W Linwood Avenue. The Order requires reporting of the sampling result~ to the Central Valley Regional Water Quality Control Board (Central Valley Water Board),· ongoing periodic sampling of domestic wells, and thE3 preparation of a plan for providing longterm replacement water for those residences whose domestic wells continue to show impacts from the discharge of wastewater from the lagoon located at 4702 W Linwood

. Avenue. Also required is public outreach and education to residents living along W Linwood Avenue that may have been impacted by the lagoon discharge. Enclosed is .a sample flyer with information on nitrate that the State Water Resources Control Board developed to educate the public. The flyer can be accessed at http://gispublic.waterboards.ca.gov/webmap/nitrate tool/files/nitrate faq.pdf

I appreciate your .cooperation in thi's matter. If you have any questions, please contact Robert Busby at (916) 464-4666 or [email protected].

nd rew Altevogt Assistant Executive Officer

Enclosures: CAO RS-2015-0757 "Nitrate in Groundwater: Frequently Asked Questions"

K"RL E. LONGLEY S cD, P.E., CHAIR I P AMELA C. C REEDON P.E., BCEE, EJCECUTIVE OFFICER

11020 Sun Center Drive 1200, Rancho Cordov11, CA 96670 I www.wa1erboards.oa.gov/centrelvalley

0 flfOVCLeo PAPfR

" .

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION

CLEANUP AND ABATEMENT ORDER NO. R5-2015-0757

WDID NO. 5850NC00250

REQUIRING CMC LAND HOLDINGS LLC TO CLEAN UP AND ABATE THE EFFECTS OF DISCHARGING WASTEWATER TO GROUNDWATERS OF THE TURLOCK AREA,

EAST VALLEY FLOOR SUBAREA, LOWER SAN JOAQUIN RIVER HYDROLOGIC UNIT

The California Regional Water Quality Control Board, Central Valley Region (hereinafter Central Valley Water Board) finds that:

FINDINGS

1. CMC Land Holdings LLC ("Discharger") owns and operates the facility located at 4207 W Linwood Avenue, Turlock, in Stanislaus County. The facility is located at Stanislaus County Assessor's parcel number 044-004-028-000.

2. The facility located at 4207 W Unwood Avenue, Turlock, was placed under the .

3.

Reissued Waste Discharge Requirements General Order for Existing Milk Cow Dairies, Order No. R5-2013-0122 (Dairy General Order) by letter dated 29 June 2007. The facility is authorized to house a maximum of 536 mature dairy cows. The facility is not currently being used as a dairy but is housing support stock (heifers).

The Dairy General Order regulates waste discharges from· the CMC Land Holdings LLC facility. This Order, in part requires the follo":'ing:

a·. Pr.ohibition A.4 states:

"The collection, treatment, storage, discharge or disposal of wastes at an existing milk cow dairy shall not result in the creation of a condition of pollution or nuisance."

b. General Specification 8 .. 1 states

"The existing milk cow dairy shall have facilitles that are designed, constructed, operated, and maintained"to retain all facility process wastewater generated during the storage period ... "

c. General Specification 8.5 states:

· "If groundwater moni1oring demonstrates that discharge(s)"from a dairy have caused an exceedance of the groundwater limitations set forth in this Order, the Executive Officer may issue an order to the owner/operator of the monitored dairy to identify and implement management practices that are protective of groundwater quality on a schedule that is as ~hort as practicable."

.i

i ' I I

CMC Land Holdings LLC Stanislaus County

- 2 - CLEANUP AND ABATEMENT ORDER NO. R5"2015-0757 · WDID NO. 5B50NC00250

d. General Specification 8 .7 states:

"Manure and process wastewater shall not be applied closer than 100 feet to any down gradient surface waters, open tile line intake structures, sinkholes, agricultural or domestic well heads, or other conduits to surface waters, unless a 35-foot wide vegetated buffer or physical barrier is substituted for the 100-foot setback or alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions achieved by the 100-foot setback."

e. Groundwater Limitation F.1 states:

"Discharge of waste at existing milk cow dairies shall not cause the underlying groundwater to exceed water quality objectives, unreasonably affect beneficial uses, or cause a condition of pollution or nuisance."

4. On 20 November 2015, Water Board staff was notified by the California Office of Emergency Servic~s that a lagoon embankment at the CMC Land Holdings LLC facility at 4207 W Linwood Avenue in Turlock had ruptured, flooding the front yards and driveways of neighboring homes and entering an irrigation canal. Based on the dimensions of the lagoon reported in the Waste Management Plan and the · observed change in water level, staff estimates that 3. 7 million gallons of wastewater were released. Water Board staff in'vestigated and determined that wastewater released from the lagoon had surrounded at least two domestic wells servfng · houses located south of W Linwood Avenue; at 4030 W Linwood Avenua and 4406 W Linwood Avenue.

5. On 20 November 2015, Water Board staff collected samples from the two domestic wel!.s located on nearby properties that were surrounded by wastewater from the

· -- ·-·-- - ·lagoon.- T-he-wells-were ·also-sampled·by-a-consultant-working·for-eMe-L:and- ----Holdings LLC.

6. The results of the two sets of samples indicate concentrations of nitrate-nitrogen in excess of the Maximum Contaminant Level (MCL) and concentrations of total dissolved solids in excess of the recommended, upper, and short term Secondary Maximum Contaminant Level (Secondary MCL). The sample from the well located at 4030 W Linwood Avenue also contained E. coli bacteria.

Location Total dissolved Nitrate - N E. coli bacteria solids (TDS) (mg/I) m I

4030W 2246 21.3 present Linwood 4406W '2786 13 absent Linwood

!

l I

I I

CMC Land Holdings LLC Stanislaus County_

. 3 . CLEANUP AND ABATEMENT ORDER NO. R5-2015-0757 WDID NO. 5B50NC00250

RECENT GROUNDWATER MONITORING RESULTS

7. Recent testing of groundwater from domestic wells south of the facility indicate concentrations of nitrate-nitrogen and E.coli in excess of the MCL and of total dissolved solids in excess of the Secondary MC Ls. Based on the inundation of the area surrounding these wells with wastewater, there is a reasonable assumption that the wastewater is the cause of these exceedances.

8. · The Discharger allowed wastewater containing high concentrations of nitrogen, total dissolved solids, and bacteria to be discharged to waters of the State underlying and adjacent to the CMC Land Holdings LLC facility.

9. California Water Code section 13050(1) defines "pollution" as: an alteration of the water quality to a degree that {!nreasonabfy affects either beneficial uses or faciliffes that serve these beneficial uses. ·

AFFECTED BENEFICIAL USES

10. Pursuant to Chapter II of the Water Quality Control Plan for the Sacramento and San Joaquin River Basins (Basin Plan), groundwater l'n the Lower San Joaquin River Subarea underlying the CMC Land Holdings LLC facility and surrounding areas include the following present and potential beneficial uses: domestic and municipal water supply, agricultural water supply, industrial service supply, and industrial-process supply. Residences at and adjacent to the facility rely on the groundwater for private domestic drinking supply wells for water supply. ·

11. The Basin Plan established water quality objectives 0/VOOs) for the protection of beneficial uses. Ground waters designated as domestic or municipal supply shall not contain concentrations of chemical constituents in excess of the maximum

- . - - ·· . contamiAant level -(MCb-)-or-seeendary-maximum-eontaminant-level-fSecondary· MCL) based upon drinking water standards specified in Title 22 of the California Code of Regulations (Basin Plan 111-10.00)

WQOs include the following MCLs established by the California Department of Public Health as a safe level to protect public drinking water supplies:

Nitrate as N E. coli and fecal coliform

bacteria

10 mg/L

0

The following Se·condary MCL is established by the California Department of Public Health (Title 22, section 64449 (a)):


Constituent Total Dissolved Solids (mg/L)

. 4. CLEANUP AND ABATEMENT ORDER NO. RS-2015-0757 WDID NO. 5B50NC00250

Short Term Recommended Upper

500 1000 1500

12. Wastewater discharged from the CMC Land Holdings LlC lagoon inundated nearby domestic wells and appears to have caused groundwater·south of the facility to exceet1 the MCL drinking water standards for nitrate as N (10 mg/L) and E.coli (0), and the Secondary MCL for total dissolved solids (500 mg/L). The MCLs and Secondary MCLs were established by the California Department of Health Services pursuant to the California Safe Drinking Water Act and are found in title 22 of the California Code of Regulations (CCR), Division 4, Chapter 15, Domestic Water Quality Monitoring.

13. CMC Land Holdings caused or permitted or threatened to cause or permit wastewater from the Discharger's lagoon to be discharged where it is, or probably will be, discharged into· waters of the state and creates, or threatens to create, a condition of pollution or nuisance. The discharge of wastewater appears to have caused or contributed to groundwater adjacent the facility exceeding the drinking water standard for nitrate as N (10 mg/L), and has caused at least one well to contain E. coli bacteria. The affected ground water is no longer useable for drinking or domestic supply purposes. This alteration is unreasonable because the aquifer is currently used for drinking water must be protected for potential use as domestic water supply. The portion of the aquifer affected by the discharge is no· longer suitable for this beneficial use. The discharges have, therefore, unreasonably affected the water for municipal and domestic supply beneficial use and caused a condition of pol lution.

AUTHORI.TY - LEGAL REQUIREMENTS

14. Water Code section 13304, subdivision (a) states:

Any person . : . 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 wafers 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 the case of threatened pollution or nuisance, take other necessary remedial action, including but not limited to-, overseeing cleanup and abatement efforts. A cleanup and abatement order issued by ... a regional board may require the provision of, or payment for, uninterrupted replacement water service, which may include wellhead treatment, to each affected public water supplier or private well owner. Upon failure of any person to comply with the cleanup and 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 the suit, the court shall

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have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant.

15. Pursuarit to Water Code section 13304, subdivision. (f):

Replacement water provided pursuant to subdivision (a) shall meet all applicable federal, state, and local drinking water standards, and shall have comparable quality to that pumped by the public water system or privat<; well owner before the discharge of waste. ·

16. State drinking water -standard~ promulgated in the California Code of Regulations (22 CCR§ 64449 et. seq.) require community water systems to comply with both MCLs and Secondary MC Ls. A Regional Board may order replacement water for private domestic wells· that have been impacted by a discharger's pollution or nuisance. Discharges that exceed either the MCLs or Secondary MCLs constitute an alteration of the water quality to a degree that unreasonably affects either beneficial uses or facilities that. serve the·se beneficial uses.

17. The conditiqns described in Findings 4 and 6 constitute violations of the Dairy General Order and the Basin Plan. The Discharger has caused or permitted waste

~--1.o be_discharged or deposited where it has or probably will discharge into waters of the state creating or threatening to create a condition of pollution or nuisance. The Discharger is therefore subject to the Water Boards' authority as described in Water Code section 13304.

18. Purs~ant to Water Code section 13267, subdivision (b):

In conducting an investigation specified in subdivision (a), the regional board may r.equire that any person who has discharged, discharges, or is

· -suspected-ofhaving·discharged·or diseharging,-or-wh0-pr-op()ses-fo- - --- -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 dis.charge, 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 costsf 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 reports, and shall identify the evidence that supports requiring that person to provide-the"repons-. ----

19. This Order requires monitoring and reports pursuant to Water Code-section 13267(b). The monitoring required by this Order is necessary to identify impact to domestic wells from the discharge .and to determine compliance with this Order. This Order also requires.the submission or a technical report evaluating the impacts to all domestic wells sampled. Monitoring and reports required by this Order are·

+.


• 6 • CLEANUP AND ABATEMENT ORDER NO. RS-2015-0757 WDID NO. 5850NC00250

necessary for the protection of water quality in light of the recent lagoon rupture that flooded from the Discharger's facility.

THEREFORE, IT IS HEREBY ORDERED, pursuant to Water Code sections 13267 and 13304, the Discharger shall take action to abate the effects from the release of wastewater from the lagoon as follows:

A. ORDERS:

1. By Friday, 4 December 2015, supply interim uninterrupted replacement drinking water service (i.e., bottled wat~r or equivalent) for consumption and cooking, to all residences served py p'rivate domestic wells and bordering W Linwood Avenue between S Washington Road and the area immediately south of the facility.(red circled area on attached map). For residences where E.coli have been detected in domestic well water, supply interim uninterrupted replacement water for all domestic uses. The water shall be supplied to a residence until the Discharger can demonstrate to the satisfaction of the Board that the domestic well that services the residence does not show impacts from the discharged wastewater. The water shall be supplied in a way that is usable to the residents of the affected parcels. Provide information to residents on the potential health impacts from consumption of water contaminated by nitrates and fecal coliform/E. coli bacteria.

2. By Friday, 4 December 2015, sample all domestic wells at residences bordering W Linwood Avenue between S Washington Road and the area immediately south of the facility, including those wells sampled on 20 November 2015 .(red circled area on attached map). The samples shall be analyzed by an appropriately certified laboratory for.nitrate as N, total dis~olved solids, and bacteria (E. coli and total coliform). The depth to groundwater from land surface shall be measured for each well. ~amples shall be collected as close to the well as possible.

3. By Tuesday, 8 December 2015, submit a technical report to the Wafer Board listing all domestic wells that were sampled and the results of the sampling. If a domestic well was not sampled, the report must include the reason that the sampling was 11ot conducted and the steps that will be taken to collect a sample. The report must identify which wells exceed 1he MCLs or Secondary MC Ls described in thls Order. If the Discharger-believes that any domestic wells sampled do not show evidence of impacts from the discharged wastewater, the justification for that determination shall be presented in the report. The report shall also describe which residences have been provided with interim uninterrupted replacement-drinking water s~rvice· or domestic water service and the method used to provide the service. If the reason the Discharger has failed to provide interim uninterrupted replacement drinking water or domestic water service is the refusal of the occupant~ of the residence to accept such service, the report must include a statement from the occupants of this refusal. The report shall include a description of the outreach and education efforts conducted as

· required in A.1 above. ·


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4. By Tuesday 29 December 2015, submit a plan for providing long-term replacement water for those residences whose domestic wells continue to show impacts from wastewater.

5. Uninterrupted replace~ent water service may cease if the Discharger demonstrates that drinking water from domestic wells in the area described in A.2 meets the MCL for nitrate as N, fecal coliform, and E. coli. In order to establish compliance with the MCL for these constituents, the Discharger shall submit documentation in the form of testing results that demonstrate that the affected well is below the 1 O mg/L MCL for nitrogen and contains no detected E. coli or fecal coliform bacteria for three sequential monitoring events. The monitoring events shall be conducted at least one week apart from each other. ·

6. All technical, monitoring plans, and reports required in conjunction with this Order are required pursuant to Water Code section 13267 and shall include a statement by the Discharger, or an authorized representative of the Discharger, certifying (under penalty of perjury in conformance with the laws of the State of California) that the work plan and/or report is true, complete, and accurate.

7. . This Order 'does not limit the authority of the Water Board to institute additional ·

8.

_ enforcement actions or to require additional investigation and cleanup of the site consistent with the Water Code. This Order may be revised by the Executive Officer as additional information becomes available. Failure to comply with the terms or conditions of thfs Cleanup and Abatement Order will result in additional enforcement action, which may include the imposition of administrative civil liability pursuant to Water Code sections 13350 and 13268 or referral to "the Attorney General of the State of Californ ia for civil enforcement.

This O.rder does not affect the Discharger's obligation to comply with the Dairy Ger-ieral Orcler. -TMe-re~u irements and ~egal-enforceabi lity-oHhe-8airy-General-0rder is not superseded or affected upon issuanc~ ·of this Order.

B. REPORTING REQUIREMENTS:

' 1. Signatory Requirements. All reports required under this Cleanup and Abatement Order shall· be signed and certified by the Discharger or by a duly authorized repres~ntative of the Discharger and submitted to the Central Valley Water Board staff. A person is a duly authorized representative of the Discharger only if: (1) the authorization is made in writing by the Discharger and (2) the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility of activity. (A duly authorized representative may t~us be either a named individual or any individual occupying a named position).

2. Certification. Include the following signed certification with all reports submitted pursuant to this Order:

I ·!

CMG Land Holdings LLC Stanislaus County

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I certify under penalty of law that I have personally examined and am familiar with the information submitted in-this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. f am aware that there are significant penalties for submitting false information, including the possibility of.fine and imprisonment.''

3. Report Submittals. All monitoring and technical reports required under.this Order shall be submitted to:

Andrew Altevogt . Assistant Executive Officer California Regional Water Quality Control Board Central Valley Region 11020 Sun Center Drive, Suite 200 Raricho Cordova, CA 95670

Attn: Charlene Herbst Email: charlene. [email protected]. gov

· Phone:· (91.6) 464-4724

C. NOTIFICATIONS:

1. Cost Recovery. Pursuant to Water Code section 13304, the Water Board is entitled to, and may seek, reimbursement for all reasonable costs actually incurred by the Water Board to investigate unauthorized discharges of wastes. and to oversee cleanup of such waste, abatement of the effects thereof, or other remedial action required by this Order.

-2. -- - -Califom ia-E.nviro n men-tal-Quality-Ae-t-(GEQA)-Go mplian ce-;--=rhe ·issuance-of-th is -Order is an enforcement action taken by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act·(Public Resources Code, section 21000 et seq.) pursuant to California Code of Regulations (CCR), title 14, section 15321 subdivision (a)(2). The implementation of this Order is also an action to assure the restoration of the environment and is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, section 21000 et seq.), in accordance with CCR title 14, sections 15061(b)(3), 15306, 15307, 15308, and 15321. This Order generally requires the Discharger to submit plans for _. approval prior to implementation of remedial activities at the facility and adjacent properties. Mere submittal of plans is exempt from CEQA as submittal will not cause a direct or indirect physical change in the environment and/or is an activity that cannot possibly have a significant effect on the environment. CEQA review at this time would be premature and speculative, as there is simply not enough information concerning the Discharger's proposed remedial activities and possible associated environmental impacts. If the Central Valley Water Board determines that implementation of any plan required by this Order will have a significant effect on

)

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· WDID NO. 5B50NC00250

the environment, the Board ~ ill conduct the necessary and appropriate environmental review prior to the Executive Officers approval of the applicable plan. The Discharger will bear the costs, including the Board's costs, of determining whether implementation of any plan required by t~is Order will have a significant effect on the environment and, tf so, in preparing and handling any documents necessary for environmental review. If necessary, the Discharger and a consultant acceptable to the Central Valley Water Board shall enter into a memorandum of understanding with the Board regarding such costs prior to undertaking any environmental review.

-3. Requesting Administrative Revtew by the State Water Board. Any person

aggrieved by an action of the Water Board that is subject to review as set forth in Water Code section 13320, subdivision (a), may petition the State Water Resources Control Board (State Water Board) to review the actron. Any petition must be made in accordance with Water Code section 13320 and California Code of Regulations, titfe 23, section 2050 and following. The State Water Board must receive the petition within 30 days of the date the action was taken, except that if the thirtieth day following the date the action was taken falls on a Saturday, Sunday, state holiday, or furlough day, then the State Water Board must receive.the petition by 5:00 p.m. on the next business day . .Copies of the law and regulation applicable to filing petitions may be found on the internet at:

· http://www.waterboards.ca.gov/publicnotices/petitions/waterguality or will be· provided upon request.

4. Request for Ex.tension of Time. If for any reason, the Discharger is unable to perfor~ any activity or supmit any document in compliance with the schedule.set forth herein, or in compliance with any work schedule submitted pursuant to this Order and approved by the Assist~nt Executive Officer, the Discharger may requ~st, in writing, an extension of the time specified. The extension request shall

- · -.. -inolude-justificatior-t fer-the-delay~An-extension-may··be·granted·only-by-revision of-or -amendment to this Order.

5. Enforcement Notification. Failure to coi:nply with the terms or conditions of this Cleanup and Abatement Order may result in additional enforcement action, which may include the imposition of administrative civil liability pursuant to California Water Code section 13350 and/or section 132681 in an amount not to exceed $5,000for each day in which the v iolation occurs under Water Code section 13304, or 13350, or referral to the Attorney General of the State of California for injunctive relief or civil or criminal liability. - ----- ----------

Ordered by: ~~Dated: _\_L_/z.._ / t_.s_· _ _ _ _ _

Andrew Alt~vogt . Assistant Executive Officer

.. 11111· . -.

Map of Parcels Surroundin CMC Land Holdin s LLC in Turlock, CA

CMC Land Holdings LLC (Facility) 4207 West Linwood Avenue, Turlock APN# 044-004-028-000

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