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HomeMy WebLinkAboutAgenda Report - November 7, 1984i.. Y ,��}'♦� LAY �{,.. '� r� kt �1 .0 W3NERYY CDOR Agenda item K-1 - Winery Odor Crnplaint, 1 West Turner Road, 03FIAINT, 1 Lodi, was introduced by Public %brks Director Jack Ronsko. WEST 7LiiER The following report as prepared by W. Ronsko was presented FKM for CamcIIIs information. At the last City Council meeting of October 17, 1984, residents fram the Mokelumme Village Subdivision indicated their concern to the City Council about the unusual offensive odor originating from the winery located at 1 West Turner Road. The residents requested the City Council to direct the City Attorney to file suit to abate this odor nuisance. The City Council at that time asked the Public Works Department to prepare a Council Camtimication addressing the odor problem its history and any existing regulations. !Aerial photographs of the subject area were presented for Council's perusal. Over the past 3-4 years, the City sth-" has experienced strong odors from both the United Vintners and Turner Winery ponds. These odors have not been the typical winery crush/fermenting odor. The major odor problem related to the United Vintners Winery operation has come from their spreading ponds on the north side of the river. These ponds are used to spread their stillage discharge waste. This stillage waste is a pungent liquid which is left behind after the drinking alcohol is distilled off. If this waste is not processed properly, these odors can intensify and became very offensive and overwhelming. 'Ihe Winery's stillage operation takes place approximately 3 times per year. The last operation started in September and finished the end of October. It was during this time period the City received the latest of odor complaints. However, the City stuff has not witnessed any offensive stillage waste odor since the item was brought to the attention of the City Council at their October 17 meeting. Past odor problems were due to specific problem in the Winery's operation. The City staff would like to point out that the local manager, Mr. Reinold Gerzevske, has been very cooperative in working with the City of Lodi in trying to resolve specific odor problems and doing process expertmentatlon in order to meet the City's discharge requirement so the Winery can discharge into the City's industrial waste system. RT City Council should be aware that over the past few nears the Winery has been under three different ownerships and Mr. Gerzevske has been working under numerous corporate administrators. The Public Works Director and the Water/Wastewater Superintendent met with the manager and corporate administrator of of ISC Wines of California (Old United Vintner Winery) at 7:00 a.m. Friday, November 2, 1984. They will be discharging into the City's system on an experimental basis, during their next stillage operation in April. The City also asked for written comments from Mrs. Arnatz related to her contacts with the Central Valley Regional Water Qua Iity Control Board. If those are received, they will he hand delivered to the Coemci1. Existing Regulations: Both the Lbited Vintner Winery (now ISC Wines of California) located at i West Turner Road and the Turner Winery located on Woodbridge Road are operst-ing under a Central Valley Regional Water Quality Control Board Discharge Permit. The provisions under both of these permits indicate the "neither the discharged nor its treatment shall cause a pollution or nuisance as defined in Section 13050 of the Cal-ifornia Water Code." [lender the Water code. nuisance Is defined as follows: (m) "Nuisance" means anything which: (1) is injuri=ous to health. or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. and (2) affects at the same time an enti-re corm mity or neighborhood. or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequa-i-, and (3) occurs during.or as a result of the treatment or disposal of wastes. It is felt that the Regional Board has definite authority and responsibility to enforce the above condition of the Discharge Permit. The following are excerpts from the Sewer Section of the Lodi City Code: Article II.. Regulations See. 20-3. Prohibitions of discharges. No Person shall discharge to the sewerage system, natural outlet, street or earth surface, wastes which cause threaten to cause or are capable of causing either alone or by Interaction with other substances: (l) A fire or explosion; (2) Obstruction of flow in a sewerage or injury of the system or damage to the sewerage collection, treatment or storm facilities by ashes, cinders, sand, mud, grit, straw, offal, shavings, metal, glass. rags, feathers, tar-, plasties, wood, sawdust. manure or other solid or viscous substances capable of causing obstruction of the flow or other interference with the proper operation of the sewerage system !n the opinion of the public works director; (3) Danger to life or safety of personnel (4) A nuisance or prevention of the effective ma-i-ntenanee or operation of the sewerage system, through having a strong,, unpleasant odor; (5) Air pollution by the release of toxic or malcdocous gases or malodorous gas -producing subtances; See. 20-39. Injunction. �,. �: Whenever a discharge of wastewater is In violation of the z' provisions of this chapter or otherwise causes or threatens to cause cause a condition of contamination, pollution or nuisance,, the city may petition the superior court for the issuance of a preliminary or permanent injunction, or both:, as may be appropriate in restraining the continuance of such discharge a (Ord. No. 1307, 4 1.) The City Attorney feels that the City could use either�� Section 20-3 (4) and/or Section 20-3 (5) to cite the winery: 3 at 1 West Turner Road for r. nuisance or air pollution. I'n ' addition, the City could lander Section 20-39 petition the Superior Court to issue a preliminary injunction to stop a nuisance if it is determined one exists. ��� �.. -. ` j��� . , mgr r ... �r•�yT� 4 � � , •>� »} ",`� �+1. } .� ,f` ;,Y+,r; ' `' �' "�A � � • _� i k � „'`y`4 r vi a ��t it "ry -.,. i` Lpc. ' } ... FK' ! C •4. y a r l V � t � YY� �3`��r C;TY ^COUnCIL Mi:El'ING �HOVEMBER 7 1484 L N' .r r s• � , e ; t i. as �� The City Attorney also agrees with Mr. Rishwain's statement that the City could bring nuisance abatement suit against the winery under Civil Code 3 3490 et seq. The following persons, who were in the audience, presented testimony concerning the subject: a) Mr. Michael Ri shwa i n 1038 Aliwok Drive I.od i b) Mr. RaIph Ward Vice President of Uperations United Vintners Winery Lodi c) Mr. 11mu ed Arna i z 1073 Awani Drive I.od i A very lengthy discussion follows -d with questions bei -ng directed to Staff and to those who had given testimony. On mo t i on o f Counc i t Nkr ber Re i d. Orson second, Counc i t directed .Staff to work with the subject winery in resolving the specific odor problems and in doing process experimentation in order to meet the City's discharge requirements so the winery can discharge into the City's Industrial waste system. The motion carried by unanimous vote. 0 CITY OF LODI PUBLIC WORKS DEPARTMENT __ wnwmmo TO: City Council FROM: City Manager DATE: November 2, 1984 LJ COUNCIL COMMUNICATION SUBJECT: Winery Odor Complaint (1 West Turner Road) RECOMMENDED ACTION: Review attached material and public input, and take appropri- ate action. ' BACKGROUND INFORMATION: At the last City Council meeting of October 17°, 1984, residents from the elumne Village Subdivision indicated their concern to the City Council about the unusual offensive odor originating from the winery located at 1 West Turner Road. The residents requested the City Council to direct the Clay Attorney to file suit -o abate this odor nuisance. The City Council at that time asked the Public Works Department to prepare this Council Communication ad- dressing the odor problem, its history and any existing regulations. Refer to Attachment No. I for a complete copy of the Council minutes. Attachment No. 2 is a copy of an aerial photograph showing the relationship of the Mokeiumne Village Subdivision with United Vintners Winery (now called ISC Wines of California), their ponds on the north and south side of the River, and the Turner Winery and their ponds. Over the past 3-4 years, the City staff has experienced strong odors from both the United Vintners and Turner Winery ponds. These odors have not been the typical winery crush/ fermenting odor. The major odor p-roblem related to the United Vintners Winery operation, has come from their spreading ponds on the north side of the River. These ponds are used to spread their stiliage discharge waste. This stiIlage waste is a pungent liquid which is left behind after the drinking alcohol is distilled off. If this waste is not processed properly, these odors can intensify and become very offensi=ve and overwhelming. The W -finery's stiliage operation takes place approximately 3 times per year. The last operation started in September- and finished the end of October. It was during this time period the City received the latest of odor complaints. However, the City staff has not witnessed any offensive stillage waste odor since the item was brought to the attention of the City Council at their October 17 meeting. Past odor problems were due to a specific problem in the Winery's operation. The City staff would like to point out that the local manager, Mr. Reinold Gerzevske, has been very cooperative in working with the City of Lodi in trying to resolve specific odor problems and doing process experimentation in order to APPROVED: HENRY A. GLAVES. City Manager FILE NO. 0 0 City Council November 2, 1984 Page 2 meet the City's discharge requirement so the Winery can discharge into the City's industrial waste system. The City Council should be aware that over the past few years the Winery has been under three different ownerships and Mr. Gerzevske has been working under numerous corporate adm"nistrators. Attachment Nr,. 3 is a chronological recap of actions related to odor problems from both the United Vintner and Toirner Road Wineries. Together with this attachment are Exhibits A through 0 which include the related correspondence. The chronological recap is intended to include enough detail that these ex- habits will not have to be read in their entirety but are made available if additional information is desired. i�.-3 Public Works Director and the Water/Wastewater Superintendent met with the manager and corporate administrator of 1S:C Wines of California (old United Vintner Winery) at 7:00 a.m.. Friday, November 2, 1984. They will be discharging into the City's system on an experimental basis, during their next stillage operation in April. The City also asked for written comments from Mrs. Arnaiz related to her contacts with the C,ntral Valley Regional Water Quality Control Board. If those are received, they will be hand delivered to the Council. EXISTING REGULATIONS: Borth the United Vintner Winery (now ISC Wines of California) located at 1 West Turner Road and the Turner Winery located on Woodbridge Road are operating under a Central Valley Regional Water Quality Control Board Discharge Permit. The ;provisions under both of these permits indicate that "neither the discharged nor its treatment shall cause a pollution or nuisance as defined in Section 13050 of the California Water Code." Under the Water Code., nuisance is defined as follows: (rn) ".Nuisance" means anything w}uch. (I) is in, to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of Uc or property, and (2) affects at the same time an entire community or neigh- borhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon indi%iduals may be unequal, and (3) occurs during or as a resLlt of the treatment or disposal of wastes. it is felt that the Regional Board has definite authority and responsibility to enforce the above condition of the Discharge Permit. The following are excerpts from the Sewer Section of the Lodi City Code: - r '4�7. --.•DC7-�,�5. i � ._�,."".� .jam' j •� i wwJ< .,,.,T.x•'"� ate" � o � srr _ _ ' :' �� •; _ ; . - 11111,, • �, � •• �^\�y•• 1 'w 4% + � tip �, }� 1 Lt, ,�. ' � ��' �, 7 ,� % ►1 •-'ice' '` ; '�'� �,` �/ ��s'♦ . 1. i City Council November 2 , 1984 Page 3 Article 11. Regulations. 0 Sec. 20-3. Prohibitions of discharges. No person shall discharge to :he sewerage system natural outlet. street or earth surface. wastes which cause. threaten to cause or are capable of causing either alone or by interaction with other substances: (1) A fire or explosion; O Obstruction of now in a sewerage system or injury of the system or damage to the sewerage collection. treatment or storm facilities by ashes. cinders. sand. mud, grit. straw, offal. shavings. metal. glass. rags, feathers, tar. plastics, wood, sawdust. manure or other solid or viscous substances capable of causing obstruction of the flow or other interference with the proper operation of the sewerage system in the opinion of the public works director: (3) Danger to life or safety of personnel: (4) A nuisance or prevention of the effective maintenance or operation of the sewerage. system. through having a strong. unpleasant odor: (S) Air pollution by the release of toxic or malodorous gases or malodorous gas -producing substances; Sec. 20-39. injunction. Whenever a discharge of wastewater is in violation of the Provisions of this chapter or otherwise causes or threatens to cause a condition of contamination. pollution or nuisan e. the cite M3)' petition the superior court for the issuance of a prchm,inan or permanent injunction. or both. as ma% he appropria c in restraining the continuance of such dischatt:e (Ord. No. 1307. r 1.) The City Attorney feels that the City could use either Section 20-3 (4) and/or Section 20-3 (5) to cite the winery at 1 W. Turner Road for a nuisance or air pollution. In addition, the City could under S.*ction 20-39 petition the Superior Court to issue a preliminary injunction to stop a nuisance if it is determined' one exists. The City Attorney also agrees bring nuisan a abatement suit dpackRonsko orks Director Attachments cc: ISC Wines of California Mr. Mike Rishwain Mr. b Mrs. Howard Arnaiz City Attorney Water/Wastewater Supt. JLR/eeh with Mr. Rishwain's statement that the City could against the winery under Civil Code ; 3490 et seq. 0 ATTAMIENT I Ocb?6 NIS BY '1 FMIC CN NON AMM ITEM ap MAINTS Mr. Mike Rishwain. 1038 Nliwok Drive, Lodi, addressed the I RBMIVED RE PLYrRID Council complaining about a nuisance that is being created C1OM MIMING at 1 West Turner Road, Lodi. Waste from the winery is EFO1THE ALLIED creating bacteria, resulting in a verb offensive odor. GFAPE GPOYMS According to Mr. Rishwain, this odor affects a large portion Pi1OPEFa'Y CN of Lodi. Alr. Rishwain indicated that thi-s situation is ZXIM RM causing a second problem in that there are an inordinate nurber of fries present in the area.. Mr. Rishwain further stated that the problem has gone on for the last four years and that the winery does have some choices in this matter, such as dumping the waste material into city lines. Mr. Rishwain explained "nuisance" and "public nuisance" as defined by State statute and asked that the City Council direct the City Attorney to file suit to abate this nuisance. Council Manber Pinkerton stated that it was his recollection that at the time the Nbkelu ne Subdivision was before the Council for approval he expressed his concerns regarding various incompatible factors in the subject area. Council Member Pinkerton asked that the City Clerk check the minutes to see if his statement had been entered into the official record. Mr. Howard Arnaiz, the developer of Nbkelumne Village Subdivision addressed the Council regarding the matter, giving a history of the situation. Mr. Arnaiz acknowledged that he did recall Council hieaber Pinkerton expressing his concerns at the time of the subdivision approval-. Mr. John Stroh. 1022 M wok Drive, Lodi, also addressed the Council indicating that "they" are not against the winery, but explained that the odor was not a typical "Lodi grape season smell", but a very offensive odor. A lengthy dii;cussion followed with questions being directed to Staff and to those persons who had given testinm. W. Following a suggestion by Public %brks Director Ronsko Staff was directed to prepare a report addressing the various questions that were posed concerning this complaint. Cotmeil requested that if possible this report be completed so that it can be presented at the November 7, 1984 regular Council meeting. 0 • LA ATTACHMENT WO , 3 CHRONOLOGICAL RECAP OF ODOR CONCERNS COMING FROM UNITED VINTNERS, INC. LOCATED AT 1 WEST TURNER ROAD (Now ISC Wines of California) AND TURNER WINERY LOCATED ON WOODBRIDGE ROAD January 18, 1980 The City of Lodi met with United Vintners Winery and was first made aware of the odor problem they were having. In November of 1979, the San Joaquin County Local Health District referred an odor complaint to the Central Valley Regional Water Quality Control Board. The Board in turn contacted the Winery. The Winery contacted. the City to determine what was required to discharge into the City's wastewater system. January 31, 1980 The City of Lodi Trailed to United Vintners a Wastewater Discharge Permit Application (see Exhibit A). February 12, 1980 United Vintner submitted a Discharge Permit Application to City of Lodi for review. The Winery indicated that the previous odor problem was the result of a pump failure which had been corrected. They indicated that stillage by its nature has an odor which some people find objectionable. They stated they wanted to avoid future complaints and this was the reason for making a-pplication to discharge into the City's system (see Exhibit R). April 11, 1980 The City conditionally approved the Wastewater Discharge Permit for United Vintners. The conditions included a limitation on daily flow, installation of a flow measuring anal monitoring facility, a limit on suspended solids, and the control of the discharge pH (see Exhibi=t C). February 25, 1981 City sent renewal Discharge Application to United Vintner Winery. However, the City had had no contact from the Winery since the above approval of the conditional Dis- charge Permit and there had been no discharge to the City's system to this date. July 21, 1981 The City renewed a conditional Wastewater Discharge Permit. However, there had still been no discharge to the City's system (see Exhib;t D). December 15, 1981 The Clty of Lodi again sent out Wastewater Discharge Permit January 29, 1982 Application and renewed conditional approval of Wastewater Discharge Application. However, to this date there has still been no discharge to the City's system (see Exhibit E). 0 September 15, 1983 The City Manager received an early morning cats frora Mr. Howard Arnaiz related to the odor problem at United Vintner's Winery. Later that morning the Water/Wastewa-ter Superinterld,nt investigated the origin of the odor and found that it was coming from United Vintner's spreading area on the north side of the Mokelumne River. Later that afternoon the City Manager called United Vintner Winery and set up a meeting between the Water/Wastewater Superintendent and the Winery's plant manager and plant superintendent. It was determined that the Winery had re- cently regraded the spreading area on the north side of the River so that all stillage wastes flowed south to the north bank of the Mokelumne River. This area was already moist due to the high ground water table near the River and due to the shade provided by the trees in the immediate area. This low area had collected the waste from numerous spread- ing operations (approximately 5" deep) and had gone into an anarobic process (bacteria feeding on r+aterial in the ab- sence of air). 1t was this anarobic condition that was producing the odor that was of concern. The Winery indicated they would immediately contact a chemical firm to obtain a masking agent ti: eliminate the immediate odor problem. At this meeting, the City's Water/Wastewater Superintendent also recommended that a dirt berm be constructed to keep future liquids from en- tering this low problem area. The berming wat later ac- compliihed by the Winery. September 19, 1983 The Winery applied the masking agent during this week. The City's Water/Wastewater Superintendent witnessed the s,rav equipment in the field and also found that the odor had been reduced. November 15, 1983 The City of Lodi responded to another request from United Vintnersto discharge stillagc waste into the City's system. The City of Lodi suggested a procedure which wo,ild simulate the waste discharge in order that the City could monitor the waste to determine if the conditions on the Waste Discharge Permit could be met by the Winery (see Exhibit F). January 24, 1984 The City of Lodi forwarded to United Vintners the results of monitoring their simulated discharge which took place between December 8 and 15, 1983. The City pointed ou-t that there were some problems in control of pH and suspended solids. The City also provided the Winery with an estimated annual cost of treatment and plait connection fee based on the flows and strengths which came from the simulated test- ing. Based on the City's 1982 rates, cite treatment costs would be approximately $19,000 per year and there we uld be a one-time connection fee of approximately $3,000. These costs were based on discharging to the City's indt,strial waste system. It was also pointed out that if these same flows were to be discharged into the domestic system, that the annual treatment costs and connection fee would be approximately $100,000 and $30,000 respectively (see Exhibit G). -2- 0 0 March 9, 1984 City of Lodi and the Local Health District met with Mrs. Lacey Arnaiz to again discuss odor problems that the resi- dents in the Mokelumne Subdivision were again experiencing. Present from the City were the City Manager, (later/Wastewater Superintendent and Public Works Director and Lee Hall and Al Olson represented the Local Health District. After this meeting, the City and Local Health District staff made a field ;nspection of the spreading ponds of both the United Vintner Winery and the Turner Winery. On inspecting the ponds of United Vintner on the north side of Mokelumne River, it was determined (1) that the recommended berming off of the low area had been accomplished, and (2) that there was little or no od,r coming from this spreading area. The odor that was present did not have an offensive anarobic smell. In touring the ponds of the Turner Winery, there was a strong odor found coming from their south ponding area. The Local Health District indicated that they would correspond with the Regional Board and point out the odor problem created by the Turner Winery. March 14, 1984 San Joaquin Local Health District corresponded with P-!,Jional Board and asked them to determine if the odor problem con- stituted a violation of the Turner Winery's discharcye permit. March 27, 1984 United Vintner Winery requested the City to perform a second series of tests on another simulated discharge. The purpose of this additional City monitorin< was to determine if the Winery through a simulated discharge process could reduce their suspended solids and conform to the conditions of the City's Wastewater Discharge Permit. The City agreed to this experiment and performed monitoring on the simulated discharge between April 17, 1984, and May 1, 1984. April 12, 1984 Letter from Regional Board to Local Health District indicating that the odor prablem at the Turner Winery was either a violation or threatened to be a violation of the Winery's Discharge Permit (Order No. 80-055). However, the Regional Board indicated that due to understaffing they co ald not assign staff time to the odor nuisance. They agreed to write a letter to Turner Winery, however, they recommended that the Local Health District persuade the Winery to act using -the authority of San Joaquin County Ordinance No. 877 (see Exhibit 1). April 17, 1984 Regional Board corresponded with Turner Winery indicating that there was a violation of the waste discharge require- ments and asked them to prepare a written report describing how they would prevent this odor nuisance from recurring. The Regional Board also asked that this report be submitted to the Local Health District for review (see Exhibit J). _ z_ April 21, 1984 The City of Lodi received odor complaints from several citizens. The Water/Wastewater Superintendent in-4•.stigated and found the odors originating from both the United Vintner Winery and the Turner Winery. However, the odor from the United Vintner Winery was originating from their treatment ponds on the south side of the Mokelumne River (just north of Winery within City Limits) and no odor was found emanating from their spreading areas on the north side of the River. An inspection of the Turner Winery found that odors were coming off of their holding ponds. April 30, 1984 The City of Lodi wrote a letter to the Regional Board re- questing their help in abating the odor nuisance coming from the Turner Winery which was wholly within the County (see Exhibit K). May 22, 1984 Turner Winery corresponded with Regional Board indicating what they had done to eliminate the odor problem (see Exhibit L). June 20, 1984 Regional Board corresponded with Turner Winery indicating that their report on resolving the ode: was not acceptable and it should have been submitted to the Local Health District rather than the Regional Board. They then asked Turner Winery to again respond to the Local Health District by July 5, 1984 (see Exhibit M). June 21, 1984 The City of Lodi sent United Vintner Winery a recap of their recent testing and monitoring. This monitoring (April 7 - May 1) indicated that the Winery could reduce its suspended solids to conform to the conditions of the City's Wastewater Discharge Permit. The City of Lodi indicated that we would experimentally a -blow them to actually discharge their stillage, using this new process, into our industrial waste system in September 1984, provided that the other conditions of the Waste Discharge Permit were met. The City indicated that we would allow them to use a temporary flow meter and that the City of Lodi would provide the required monitoring sampler. The City in- dicated that pending the results of the September discharge, then they may be allowed to discharge their scheduled fall stillgge waste into the City's system. Based on the flows and strengths of this new simulated discharge testing and the City's 1983 rates, the new annual treatment costs and connection fee were estimated to be $13,400 and $1,350 respectively (see Exhibit N). September 29, 1984 The Public Works Director received a call from Mr. Michael Rishwain, who resided in the Mokelumne Subdivision in- dicating that there was a bad odor coming from the United Vintner Winery on Turner Road. The Public Works Director indicated to Mr. Rishwain his concern would be investigated and the City's Water/Wastewater Superintendent would keep him informed of what was found. -4- The Water/Wastewater Superintendent investigated the problem and found that an odor was emanating from the United Vintner's wasting ponds on the north side of the Mokelumn e River. The problem appeared to be caused by breaks in furrows which separated their different wasting fields. This allowed the stillage waste to all accumulate in one area rather than being spread over several fields. October 1, 1984 The Water/Wastewater Superintendent contacted the United Vintner's manager and informed him of the odor complaints. The manager indicated that he was preparing to spray with a chlorine solution to musk the odor. The Water/Wastewater Superintendent asked United Vintner's manager why they had not taken advantage of the City's offer which would experimentally allow their stillage discharge into the City's industrial waste system. The manager indicated that the Winery had sold during the last year and due to changes in corporate personnel no decision had been made relatc.l to using the City's wastewater system. October 2, 1984 The Water/Wastewater Superintendent toured Mokelumne Village Subdivison at 7:15 a.m, and again detected a strong offensive odor similar to that detected on September 29, 1984. October 4, 1984 The Water/Wastewater Superintendent corresponded with Mr. Michael Rishwain outlining what had been found .and what had taken place since his initial investigation on September 29, 1984 (see Exhibit 0). -5- . s January 31, 1980 United VIntners Inc. P. O. lox 368 Esca lon, Ca 1 ifornia 95320 ATTENTION: Mr. Mac Powell SUBJECT: Request for Wastewater DischarV Permit Application EXHIBIT A It was a pleasure to meet and talk with you at. our City Hail January 18, 1930. Erulosed you w3l find a City of Lodi, Wastewater Discharge Permit Application and our Sewer Ordinance and Fee Schedule. As rocs in- dicated by the Public Works Director, Mr. Jack L. Ronsko, you should coamplete the form and indicate your intent with regards to dis- charging to the City of Lodi's wastewater system. If you how difficulties interpreting 1w fee schedule, the City Ordi- nance or onswering the permit application q%astiom, pleose contort my off its of (209) 334.5634, extensi,x2 320. Sincerely, Fran E. Farkas Water/Sewer S4pervisor Atiochments cct Public Works Director Wastewater Treatment Supervisor FEF sea ✓ a 0 EXHIBIT B UN=TED VINTNER S. INC- • C SOX 366 - CSCALON. CALIFORNIA 63320 209-838-3575 xXRRXk9CA9)?*A February 12, 1980 Mr. Jack L. Ronsko Public Works Director City of Lodi 222 W. Pine St. Lodi CA Dear Mr. Ronsko: Please find attached United Vintners waste water discharge permit application. United Vintners Lodi winery is presently discharging to company owned ponds located on both sides of the Mokelumne River. The winery has operated in this manner for several years. However, recent zoning changes by the City of Lodi have allowed residential and multiple dwelling construction immediately adjacent to our property to the West, and also directly across the river from our .ponds. In November the San Joaquin County Health Department referred an odor complaint to the California Regional Water Quality Control Board. This particular instance was the result of a pump failure in the winery, which was cor- rected immediately. United Vintners can manage this operation according to the best known practices available today; under such circumstances we would be well within the requirements establishes' by our discharge permit. Stillage by its nature has an odor that same people find objection- able and the close physical proximity of the disposal ponds to residents in the area is certain to result in odor complaints no matter what their origin. United Vintners would like to avoid such situations and it is for this reason that we are making an application to discharge into the City of Lodi's waste water system. It is our hope that the City of Lodi will establish discharge requirements for our application that will allow United Vintners to discharge into the City's wastewater sewer. RECEIVED F _ B 14 1980 MP:eb ® CITY OF LODI M7alIC WORKS DEPARTMENT Best wishes, Mac. Powell Manager, Project Engineering r ,COUNCIL THEODORE T. %ATIAKIAN. Mayor WALTER KATNICH, Mayor Pro Tern AICHARD L. HVCHES JAMES A MCCARTY LAMES W. ►INKERTON, jr. op i *k CITY OF LODI CITY HALL, 221 wEST PINE STREET LOD1, CALIFORNIA 95240 (209) 334-5634 April 11, 1980 EXHIBIT C HENRY A CLAVES, Jr. City Manager ALICE M. REtMCHE City Cork RONALD M. S711N City Attorney S Mr. Mor, w cj�aisad-�4 Inc. I Esco Ion, CA 95320 Dear Mr. Powell SUBJECT: Conditional Approval of Wastewater Discharge Permit Application Please find attached a Conditionally Approved Wastewater Dischorge Permit, per our phone conversation April 10, 1980, and your firms letter and execufed permit application doted February 12, 1980. As was indicated-, the City of Lodi can allow your firm to discharge to the' City's Industrial Wastewater System with the following conditions being met and maintained of all times: ° Flow limit not to exceed- 300,000 gallons per day; Flow measuring device to be approved by the Public Works Director before installation, and monitoring facilities be made ovoilable to the City; ° Suspended solids not to exceed 1,000 mg/L at any time,• and ° No discharge with a pH below 6.5 or above 8.5. As was also indicated in our phone conversation, your f nr should keep, In mind that the City of Lodi may at a future dote request that the total allowed suspended solids emission rate may be reduced. If you find that the above conditiorts con be met, you should indicate your firms Intentions, and submit data on your selected flow meoyuring device and a draw€ng indicating location of this unit, plus a monitoring station. Mr. Moc Powel* April 11, 1980 Page 2 If you hove any questions regarding this matter, please contact me at '334-5634, extention 320. It has been a pleasure working with you. Sincerely, Fran E. Farkas 1 Water/Sewer Supervisor Attachment cc: Public Works Director Wostewoter Treatment Supervisor United Vintners - Lodi ft 11 ,,.. CITY COUNCIL IAMB A MCCARTY• Mayor ROM RIF C MURPHY Mayor Pro Trrn RICHARD t HUCHIS WAITER KATNICH IAMtS W PINKIRTON. It I k i1 0 ,T nnT CITY HALL. 221 WIST PIM STRIIT POST OiTKF BOX 320 LODI. CALIFORNIA 95241 (209) 334.5634 July 21, 1981 United Vintners, Inc. Attention Reinold Gerzevske P.G. Box 730 Lodi, CA 95240 EXHIBIT D HfNR1 A CLAVIS. It Crh• Manaurt AIICI M RI IMCHI Crh Clerk RONALD M MIN City Attorney Attention Reinold Gerzevske Gentlemen: SUB.iECT: Approval of 1981 Wastewater Discharge Permit Enclosed please find a copy of an Approved.Wa`stewater Discharge Permit. This permit will be valid through December 3`1, 198 . On or about December 1, 1981 your firm will receive an abbreviated permit form to renew your Wastewater O scha>rge Permit for 1982. Thank you for your cooperation. if you have any questions, please contact me at your earliest convenience. Sincerely, Fran E. Forkas Water/Sewer Supervisor Enclosure cc: Public Works Director Wastewater Treatment Supervisor FEF:slb Clj j COUNCIL ftA9Y A. CLAVES. It. • City Manatrt .1 LAMES A A-UCARTY. A/ayor 1 R0 01117 C MURPHY, Mawr Pro Tern u I TY OF L O D I ALICE Al R.EEA1CHf, RICHARD L HUGHES City ClerkCITY HALL. 221 WEST PIKE STREE I WAITER KATNICH POST OfFICI Box 120 RONALD M STEIN JAMES W. PINKERTON. Jr LODI. CALIFO1'NIA 95241 City Attorney (20% 334.5634 January 29, 1982 United Vintners, Inc. Reinoid Gerzevske 1 -W -Turner Road P.O. Box 730 Lodi4 CA 95240 Attention Remold Gerzevske Gentlemen: SUBJECT: Approval of 1982 Wastewater Discharge Permit Enclosed please find a copy of an Approved Wastewater Discharge Permit. This permit will be valid through December 31, 1982. On or about December 1, 1982 your firm will receive a permit form to renew your Wastewater Discharge Permit for 1983. Thank you for your cooperation. if you have any questions, please contact me at your earliest convenience. Sincerely, Fran E. Forkas Water/Sewer Supervisor Enclosure cc: Public Works Director Wastewater Treatment Supervisor FEF:sib November 15. 1983 Mr. Relnold Gersevsks Lodi Plant Manager Un1too, Vintners P.O. Iox 730 Lodl, CA 95241 Dear Rineys 4 EXHIBIT F SUBJECT: Request to Discharge Stiilage Waste Into the Clay of Lodl's Industrial Wastewater System it was a pleasure for Frank Reeler and ms to discuss with you and Mac Powell the above subject. You stated your firm had a des -ire to discharge stlllage waste Into the City's Industrial Wastewater System In She aoount of 1.3 HA for a 20 day period during April through Map, a 15 day period during August through September and a 7 day period during the month of November or December. You also requested a 7 day trial period in November or December for evaluation purposes. We pointed out, we were not in a position to author;se this discharge Into the Industrial system, but suggested the pinery consider salavlsting Its proposal discharge to its awn pond system for the purpose of eva�uetlon. You Indicated this could be done. The city staff members could then monitor this discharge to assist In development of a possible Wastewater Discharge Persalt and the approximate Costs of discharge foes and buy -in charges. It wet also explained that to addition to items listed under the conditional permit dated April .14, 1980 (attached) the City Is concerned about the temperatures of wastes which you stated could reach 165' fahrenhelt. Also attached is a blank Wastewater Discharge Permit application which should be executed and returned along with any requests for deviation from the conditions outlined in the April 14. 1980 permit. When addressing the monitoring facilities portion of the April 14, 1990 permit you will have to also consider Continual pNN and temperature monitoring along with sampling and flow measurexont and the location within your plant where these facilities will be located. Mr. Relnold Cer:evoe Move"*r 15. i303 Page 2 The City should be contacted about three days prlot to simulation of discharge so the City's laboratory staff have all items prepared for the test period. If you have any Questions regarding this matter please contact see at 334-5634, extension 320. Sincerely. Fran E. Forkas Yater/Swor Supervisor Attechisents ccs Public Works Director Senior Laboratory Technician FEF:slb I X<.- I COUNCIL E VE LVN M OLSON Mayor IONN R (ltandv) SNIDER Mara Pro Trmpore ROBERT G MURPHY JAMES % PINKERTON, it FRED M REID 40 CITY OF LODI CITY HALL 221 WEST PIN[ STREET POST OFFICE BOa 320 LODI. CALIFORNIA 95241 (209)331.5634 January 24, 1984 Mr. Remold 6erzevske Lodi Plant Manager United Vintners P.O. Box 730 Lodi, CA 95241 Dear Riney: SUBJECT: Monitoring of Simulated Discharge of Stillage Waste EXHIBIT G HI %R1 A CLAVES. it C+h Manatrr ALICE M M11FACHf C.th Clerk RONALD M 57 IH Crh Attornr% Between December 8th and 15th, 1983. the pity's laboratory personnel monitored a simulated discharge to your firma holding ponds as an example of the possible discharge to the City's industri6l Wastewater System. (see attached memorandum from Senior Laboratory 7echnician) Mr. Beeler's memo!andum points out proper contro=l of pH was only achieved 50% of the ti -me. This would be unacceptable and would require you to develop a system of prop.:! pH control (6.5 - 8.5) to meet discharge re.7 irements JOC'% of the time. On December 9, 10, Yl and i2, 1983 the discharge of stillage waste exceeded the suspended solids.limit of 1000 mg/L which was outlined in my tetter of conditional discharge permit dated April 11, 1980. (a copy attached") It would be your responsibility to develop a means of reducing the suspended solids to a maximum of•1000 mg/L. The estimated industrial waste charges for your firm's yearly flow of 13.2 million gallons per year using the City's 1982 rates would be $19.0122.53. (see attached Industrial Waste Sewer Service Charge schedule) In addition there would be a one-time connection fee of $2,941.38. Mr. Reinold Gerzevske January 24, 1984 Page 2 It is hoped you find this information helpful. If you wish to pursue this further or have any questions regarding this letter or the attachments, please contact me at 334.5634• Sincerely. Fran E. Forkas�' Nater/Sewer Supervisor Attach-�e-a cc: Pubi-i'c Works Director Senior Laboratory Technician FEF:slb 00, MEMORANDUM, City of Lodi, Public Works Deportment TO: Water/Sewer Supervisor FROM: Senior Laboratory Technician DATE: January 3, 1984 SUBJECT: United Vintners Stilloge Discharge Monitoring Per our discussion with Mr. Reinold Getzevske, Plant Manager of United Vintners, and your letter to United Vintners dated November 15, 1983 The City requested that United Vintners experiment with their stilloge waste and attempt to control the pH of its discharge between 6.5 - 8.5 to determine if the City of Lodi discharge requirements could be met, The City monitored the waste for pH, BOD, COD, Suspended Solids, temperature, and volume. The monitoring results would be used to assess the stilloge waste for approximate billing char9es, and cornpotability to the industrial wastewater collection system and treatment systems. A portable wastewater sampler and a recording pH meter were set up on United Vintners stilloge waste system. • The following ore resul'-ts of our monitoring. Temperature OF 1060 99° 97° 99° 100 ° The pH varied between 3.1 to 9.0. For 87 hours the pH was acceptable, and for 86 hours the pH was below 6.5. The flow was measured by United Vintners using a Palmer Bowlus flume. The flow was 2.151 MG or 200 spm. United Vintners said there would be approximately 46 days per year of this discharge. (13.2 MG1) BOD COD Suspended Composite Date �L m91L Solids m L 12/8/83 8,710 14,810 46 12/9,10,11/83 8, 330 18, 550 1,,630 12/12/83 7,650 16,450 3,210 12/13/83 7,710 15,000 270 Average 8,100 16,200 1,290 Temperature OF 1060 99° 97° 99° 100 ° The pH varied between 3.1 to 9.0. For 87 hours the pH was acceptable, and for 86 hours the pH was below 6.5. The flow was measured by United Vintners using a Palmer Bowlus flume. The flow was 2.151 MG or 200 spm. United Vintners said there would be approximately 46 days per year of this discharge. (13.2 MG1) Water/Sewer Supervisor ,January 3, 1984 Page 2 Billing charges to the Industrial Wastewater System were based on the 1982 charges. These charges would wry each year. The oppmximate yearly charge would have been $19,000. There is also on additional one-time connection fee based on $107.99/MGY and $1.70/1000 lbs. BOD/year. this charge would be $2,,941.38. The first ye-ar cost to United Vintners would be approximately $23,000 to the Indu- strial System. If the waste were to be discharged to the Domestic system, the charges would be approximately $99, SOU per year in service charges and a one-time $29,282 in connection fees. The compotabil'ity of this waste to the Industrial Treatment System should also be addressed separately. lSPCi� Frank Beeler Senior Laboratory Technician FB:emp 110ARO Of TftUsTEEs A R Oto.«. M O.. Mf hMwaa E Vannuca. Sovy ArAhonNN Van Spsontan Earl rw onw fMn eupp" Jack T. J.row.gs. O O S Vhu*M J %vada Wry Anna lova March 14, 1984 1 SAI" JOAQUIN LOCAL HEALTH DISC ICT 1601 East Hazelton Avenue. P.O. Bo!% Stockton. California 95201 (209)466-6781 Jack J w.w.amt M 0. Q►dKl FNanA OnKa Ca 1 i forni a Regional Water Quality Control Board Central Valley Region 3201 S Street Sacramento, CA 95816 Attn: Gary Rentz, Water Resources Control Engineer EXH I B I T 11SERVINO CNV of Tracy san Jpagw,n County C.1y.of EwAkon CNy of Lod, Cay of Maniac& CAV of Mpon CNy of swcuon San Joapu•n. County son Joaquin County Please be advised that a complaint has been received through the City of Lodi concerning odor problems along West Turner Road, Lodi, CA On March 9, 1984 an inspection. of the nearest up -wind source was made, mately, United Vintners, I West Turner Road, Lodi, and Turner Winery, 3750 E. Acampo Road. The ponding system for United Vintners which is located on both the North and South side of the Mokeltmme River did not appear to exhibit any odor problem at the time of the inspection. The ponding system for Turner Winery is located at the Test end of Winery Road, Acampo. A strong odor was detected down -wind of the South pond Those participating in the inspection were: Henry Glav%. City Manager, City of Lodi, Jack Ron ko, City of Lodi Director of Public Works, Fran Forkas, City of Lodi Public Works. and Al 01 -sen, Supervising Sanitarian,L SanJoaquinLocal Health District. Your response to determine if the odor problem constitutes a violation of order No. 80-055 will be greatly appreciated. Should you have any questions, please contact Al Olsen of NV staff at 209-466-6781. Ext. 50. J. J. Williams. H.D. District Health Officer C. Leland Hall. R.S., Director Environmental Health Division CLH/AO:ch cc: Jack L. Ronsko, Public Works Director 1331 S. Ham Lane, Lodi, CA 95241 RECEIVED MAR 19 198,1 CITY OF LORI "UC "OAKS DPARTMEIYT AO% EXHIBIT I STATE OF CALIFORNIA GEORGE OEUKMEJIAN. Goreinoi CALIFORNIA. REGIONAL WATER QUALITY CONTROL BOARD -- CENTRAL VALLEY REGION 3201 S STREET SACRAMENTO. CALIFORNIA 958167090 s• PHONE 1916144"270 12 April 1984 I Mr. C. Leland Hall, Director Environmental Health Division San Joaquin Local Health District P.O. Box 2009 Stockton, CA 95201 TURNER WINER't, SAN JOAQ:trIN COUNTY On 10 April 1984, you met with Antonia Vorster and Garry Reents to discuss your concerns regarding enforcement of Regional Board Order No. 80-055 We agree that the odor problem at Turner Winery is either a violation or threatened violation of Order No. 80-055. The Winery needs to take action to eliminate the odors. Because of the large mlmber of serious toxic and pudic health water quality problems in San Joaquin County, we regret that we cannot assign staff time to odor nuisance problems. We are willing to send an enforcement letter to the Winery (see enclosed draft) which asks the Winery to submit a report on corrections to you for review and follow-up. We believe the District can pursuade the Winery to act using San Joaquin County Ordinance No. 877 and our enforcement letter. Please let us know if you think any changes should be made in the draft enforce- ment letter. J. LAWRENCE PEARSON Supervising Engineer JLP:1 j 1 Enclosure cc: Ms. Carole Atherton, SWRCB, Sacramento ,wq EXHIBIT J STATE OF CALIFORNIA_GEORGE OEUKME 11AN, Goreinoi CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD— CENTRAL VALLEY REGION 3201 S STREET go SACRAMENTO.CAIIfORNJA 96816.7090 PHONE 191614450270 11 April 1984 Turner Winery 3750 East Woodbridge Road Acampo, CA 952ZO VIOLATION OF REQUIREMENTS SAN MCIAL We have been informed by the L, .j of Lodi and the San Joaquin Local Health Dis- trict that on 9 March 1984 your waste disposal operation was causing an odor nuisance. This is a violation of Waste Discharge Requirement Order No. 80-055. Please prepare a written report describing how you will prevent the recurrence of odor nuisance to.comply with the requirements. The report should be submitted to the Local Health District by 30 April 1984_ The District will review the report and your follow-up actions. If the Dis- trict is satisfied that violations will not recur, there wi11 be no need for further action by the Regional Board. If you have any questions, please call Al Olsen of the District at (916) 466-6181, ext. 50. A. 0, -- - -` - ANTONIA J. VORSTER Senior Engineer JLP:I jl cc: Mr. Henry Glaves, City of Lodi, Lodi San Joaquin Local Health District, Stockton. CITY COUNCIL JOHN R (Randy) SNIDER. Maya DAVID M HINCHMAN Mavw Pro Ternpae EVELYN M OLSON JAMES W PINKERTON. It FRED M RE ID 2 CITY OF LODI CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209) 334.5634 April 30, 1984 Mr. Bill Crooks Regional Water Quality Control Board 3201 "S" Street Sacramento, CA 95816 Gentlemen: SUBJECT: Continuing Nuisances In or Near the City of Lodi by Holders of NPDES Permits EXHIBIT K ���,� �•-`� HENRY A. CLAVES. jr C ity Manager ALICE M RMACHE City Clerk RONALD M STEIN C rty Attorney On April 21, 1984 the City of Lodi was contacted to investigate odor complaints from several citizens in north eastern Lodi The City's Water/Wastewater Superintendent investigated the odor complaints and found the following: ' Time: 6:30 p.m. ' Place: Mokelumne Village Subdivision, north of Turner Road bound by Highway 99 to the east and the Southern Pacific Railroad Tracks to the west. ' Wind movement: From the west moving east. Findings: A local winery at 1 West Turner Road adjacent to a developing subdivision was found to have odors eminating from their treatment ponds. (It should be pointed out that the winery staff is currently working. with the City to develop an economical means to discharge their waste to the City of Lod's Industrial System) The winery's spreading area on the north side of the Mokelumne River was also inspected by staff and no odors were found. An inspection of the holding -onds of Turner Winery at 3750 E. Woodbridge Road directly north of the City limits was also found to have odors. Turner Winery however, was not causing odors this evening to our citizens due to wind direction, but could and have caused odors on days of little or no air movement. f • Mr. Bi l l Crooks April 30, 1984 Page 2 It is our opinion that the City of Lodi has jurisdiction over the winery at 1 West Turner Road under the City of Lod'i's Wastewater Ordinance. However, the City of Lodi has NO jurisdiction over the winery operation taking place on the north side of the Mokulmne River. (Turner Winery) Therefore, the City of Lodi requests that you investigate this odor problem and inform Turner Winery of the requirements under their NPDES Permit and ask them to abate the nuisance situation, which is creating a hardship for citizens of the City of Lodi. Your quick action with the NPDES Permit holder with which Lodi has no control will be greatly appreciated by our citizens. If you have any questions regarding this matter, please contact Mr. Fran E. Forkas, Water/Was.tewater Superi-ntendent or myself at 334-5634. Sincerely, 1 Jack L. Ronsko Public Works Director cc: City Manager City Attorney Water/Wastewater Superintendent," San Joaquin Local Health District United Vintners Turner Winery JLR/FEF:sls l ^/ May 22, 1934 Antonia K.J. Vorster California Regional Water Quality Control Board Central Valley Region 3201 S Street Sacramento, California 95816-7090 Dear Ms. Vorster: EMI IT : L In reply to your letter dated April 17, 1984: On April 24, 1984, we pumped our ponds used for winery operations, out onto the ground above the ponds, and allowed the ponds to dry out thoroughly. We will disc any remaining solids into the ground. It is our intention to construct the pods as to allow the rain water which runs off the land surrounding the ponds, to go only to the back pond. This will allow the winery to con- trol the waste in the ponds. We regret any inconvenience or distress this odor problem (if any) may have caused. If you should have any further questions, please don't hesitate to contact me. Sincer y, �- John R. Turner Turner Winery JRT:st cc: Mr. Henry Glaves, City of Lodi, Lodi cs z V1774W. -- W. L' iv C; P.D. Box R 0 Woodbridge. CA Q5258-05,19 • ! 2091 3t+3-5338 • .•? EXHIBIT M'' STATE Of CALIFORNIA GEORGE OEUKMEJIAN r..........,. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - CENTRAL VALLEY REGION 3201 S STREET SACRAMENTO. CALIFORNIA 95816.7090 PHONE: (9161445.0270 20 June 1984 Mr. John R. Turner Turner Winery P.O. Box R Woodbridge, CA 95258 VIOLATION OF REQUIREMENTS, SAN JOAQUIN COUNTY 1" W" Reference our 17 April 1984 letter and your 22 May response. A written report of how further odor violations will be prevented was to be submitted to Al Olsen of the Local Health District by 30 April 1984. Your 22 May letter fs not an acceptable report, no: %,as it submitted to the Local Health District. Please comply with our origi+lai request by 5 July 1984. If there are any questions, please call Al Olsen at (209) 466-6781 or Gary Reents at (916) 323--7487. G'2 ANTONIA J. VORSTER Senior Engineer GAR':I j I cc:- Mr. Al Olsen, San Joaquin County Health District, Stockton Mr. Henry Glaves, City of Lodi, Lodi i i �J Reference our 17 April 1984 letter and your 22 May response. A written report of how further odor violations will be prevented was to be submitted to Al Olsen of the Local Health District by 30 April 1984. Your 22 May letter fs not an acceptable report, no: %,as it submitted to the Local Health District. Please comply with our origi+lai request by 5 July 1984. If there are any questions, please call Al Olsen at (209) 466-6781 or Gary Reents at (916) 323--7487. G'2 ANTONIA J. VORSTER Senior Engineer GAR':I j I cc:- Mr. Al Olsen, San Joaquin County Health District, Stockton Mr. Henry Glaves, City of Lodi, Lodi dvae 21, 1984 United vintnars c/o Mr. Iia 1 nol d Gerzevske Plant Manager P.O. box 730 trod 1, CA 95241 Dear Riney; I � EXHIBIT iJ SUBJECT: Further monitoring of Slwulatod Discharge of Stliloge waste ietwom April 17 and may 1, 1984, the City of Lodi's laboratory personnel monitored a simulated discharge from your f1ruls tolding ponds .in your attempt to reduce the suspended solids and tomperaturees. (see attached meeueecrandum from Sr. Laboratory Tochn1c1sa) Mr. feeler's memorandum points out that utilization of your pond system did enable you to reduce the sus pewid solids substantially and also neeeiu ad the temperature to an acceptable level. Mowwver, 1't also points out that the blochibmica1 Oxygen Desend (BOD) and Chemica1 Oxygen Vomnd (COD) was not reduced. it should be pointed out that a reduction of the B00 could reduce costs to your fIrat if discharged to the City of Lod! Is Industrial Wastewater Sys tow. In addition, Beeler nen t 1 ons that your waste ponds were very odorous. this could possibly bo avoided by alternating use of your ponds by not flooding over existing sludges that are present. The arena of main concern the City of Lodi has is Mr. feeler's stateseant that, ''ih i s odorous high-strength nes tewa ter tou l d present prnb l creta for the i ndus tr i o l Trues tmen t System at Uh i to Slough." TS t s eonea rn to tp r 1 m r 1 ly due to the high 1eve1 of M. Therefore, they City of Lodi will experimeretly allow your next scheduled Stillage Operation waste to the discharged to the Industrial Collection System In Septenbe¢r, 1984 in conjunction Frith the cannery discharge, provlded all conditions as outlined in the attached April 11, 1980 latter are net. Pending tine results of the September, 1984 discharge, the City may axperlmontly accept your second scheduled Stlllaige Operation discharge (Fall, 1984) at a time the cannery Is not d l salsa r@Ing to the industrial Sys tem. ' c Ural ted Vintners June 21, 1984 Page 2 This wilt enable tho City to evaluate the im'act of your firm's waste on the Industrial System at the White Slough Treatment Facilities. If your firm's waste is -detoralned cowpat1ble to our system, you will than be Assessed the connection charge as outlined in Mr. Beeler's memorandum. Tim experimental dlscharge(s) to our system will be billed to you at the approximete rates of $410.00 per million gallons and $24.00 per 1,000 ibs. of ®OD. Actual billings will be based on the 1984 industrial Sewer Service Charges to be developed In January, 1985 If you hive any questions regarding this letter or wish to pursue this pro— posal, please contact as at 333-6740. (new number) Sincerely, Fran E. Forkas Water/Wastewater Superintendent Attachments cc: Pubilc Works Director Wastewater Treatment Supervisor Senior Laboratory Technician FEF:emp MEMORANDUM, City of "i, Public Works Department TO: Water/Wastewater Superintendent f ROM: -%.4or Laboratory Techni cion DATE: .lune 19, 1984 SUBJECT: United Vintners Stilioge Discharge Monitoring Unified Vintners stilloge discharge wos monitored from April 1-7, 1984 to Moy 1, 1984. the stilloge discharge was first ponded, then the pond effluent was sampled prior to being pumped to 4ond disposal. s The stilloge discharge was not pH adjusted or dilluted before being ponded. The suspended solids and temperatures were decreased from the ponding, but the BOD, COD, and pH were not grectiy affected. All onolyses were conducted on composite samples of the City of Lodi laboratory., The stilloge waste In the pond was very odorous. This odorous, high-strength Wastewater could present problems for t1a Industrial Treatment System at White Slough. 6a flow to the ponds was 2.9634MG, or 109,755 g F With on estimate of 5% los3 to pemAction and evopatrotion,, :he pond effluent flow was approximately 2.815MG. This figure gives en annual Zschorge of approximately 4.796MGY. The annual Industrial Wrote charge, based on -the 1983 calculations, would be approximately r,A The connection fee would 5e approximately 51,350. Frank Beeler Senior Laboratory Technician , SOD COD Suspended Composite `Date mg/l. . w L Solid;- mgA pH Temperature April 171 1984 81983 15,240 228 3.8 83* F April 18, 1984 9, 900 17, 840 360 3.8 April 23, 198 4 12,812 22,090 260 4.0 April 24, 1984 14,517 21, 840 235 3.7 May 1, 1984 13, 330 21, 500 332 3.4 Average 11,910 19,700 283 3.7 The stilloge waste In the pond was very odorous. This odorous, high-strength Wastewater could present problems for t1a Industrial Treatment System at White Slough. 6a flow to the ponds was 2.9634MG, or 109,755 g F With on estimate of 5% los3 to pemAction and evopatrotion,, :he pond effluent flow was approximately 2.815MG. This figure gives en annual Zschorge of approximately 4.796MGY. The annual Industrial Wrote charge, based on -the 1983 calculations, would be approximately r,A The connection fee would 5e approximately 51,350. Frank Beeler Senior Laboratory Technician , October 4, 1984 Mr. Micheal Rbhwaln 2038 Miwak Drive Ledl, CA M40 Deer Mr. Rishwaint EXHIBIT Iw your phone r-qued of October 2, 19841 have, hasped *vents regordino the latest odor eaiaplalets roar yew residence. On Sokwday, S"Oem mer 29, 1984 atoodanatoly 9120 a.m. i received a cell horn the City 4 Lod's Nbile Web Pirecter ,lack L. A wAo, requesting " to investigate, on cd3r eeanpleln►.Jn the Mokelumns Viliope &"visor. finis subdvlsion Is located nortk of Tisnner Mead end bounded by Highway 99 to the east, the Southern lbeifte bilrood troeks to the west, and the Makolumns River to the north. My Investigad-n of tine odor complaint from 945-1140 a.m. took we to three (3) erose wMeh have, previously erlpinoted odor prablans. :I. Thoy an as /ollewsn 1) Unit -d Vintners of 1 Wed Turner woad and speeiflool'ly the wlnory's two M holding ponds located directly behind wlnory' buildings, The only odor detect e,d was thou of a k*A prop- crushing pooll . 1 did not fiord this odor of hndvo. 2) Turnw Winery at 3750 foe Woodbrldps woad, "oeretion was also roviewed crud found to only have a kesh 9 ape crushing smell. 1 did not And this odor offerulve. 3) Tine Unitod Vintner's winery woste Wrseding ores noA of Mme AA*k*lwurw . River arid directly-ppodle, the Mokolwnne Village Subdividen was elm trued. skis gwjodlnQ erre was found to have very offmdve *dans. My descrogtien of odors wdwid have to be decaying fecal matter and soured wino. i hWW this odor very offensive,. Mr. IoMchoel Rishwaln October 4, 1984 P"o2 It is my opinion, tw odor being occovntered by homeowners in the Mokelurnne Village Subdivision are omimflog horn United mrtreri spr"dino area on the north side of the river. On Monday, October 1, 1984, 1 contacted Mr. Remold Gerserko of United Vintner's ,tN1 IhJ6P ed hien of odor complaints 1 had investigotod Sohirdvy and my findings (douses rAat circuiting and pmnding on the spreading ores) Mr. Gerzmko indicated he was pwforInG to inntoll o ip►-inklor Wo to qmy a chlorine solution over the holding pond area and ins tine soiutlft ever to the waste. spreading area. IMs oporotlon is to oft --rroe this week. Twsdoy, October 2, 1164 at h13 a.m. 1 touredthe Mokelumne Vilma Subdivision and detyctsd strong off Ive odors identical to the edon detected Septomber 29, 1984 of the site of United Vintwers "Weeding end on the north side of the river. If you hove any questions negorfing this motter please ow tact me of 333-6740. Slr►.roly, hon E. Forks: Wahs;Mustowoter Superintendent ,2c: City !angor hulc Wena Director United Vintners Twaar. Winery I�Effsis G S8I1�ujn County Office of the District Attorney San Joaquin County Courthouse, RM 202 222 E Wets Am Stockton CA 06202 November 14, 1984 Airs Laney Arna i z 1073 Awani Drive Lotti, California 95240 Re: Offensive Odors From Two Lodi Wineries Dear Mrs. Arnatz: Wiacd W. Ekhenbetger, UWict Ammey P.Q. Box 50. StoCktoR CA 93201 Telephone: (209) 944.381-1 We appreciate your bringing to our attention the situation con- cerning offensive odors eminating from Turner Winery and ISC Wines of California. Subsequent to reviewing the materials and information which you provided, an Investigation into the situation was conducted by this office. As a result of this investigation. it has been determined that citizens of the City of Lodi are those pri-madly affected and thus, the City Attorney of Lodi would be the proper agency to pursue any action to be brought against the two wineries. Therefore. your materials are being forwarded to the Lodi City Attorney. Again, thank you for alerting us to this problem. Ver truly yours RICNA D W. E 6ENBE1 IR District Attorney cc: Ron Stein jtk - C,C-,r`� ,[o Jffice of the District Attcmiey San Joaquin County Courthoum Rm. 202 222 E Weber Ave. Stockton CA 95202 Er November 15. 1984 0 R "ard W. Ext . Gis : A P.O. Box 50, Stockton, CA 95201 Telephone: (209) 944-381 1 Ron Stein City Attorney Lodi, California Dear Mr. Stein: We recently sent you a copy of a letter regarding two Lodi Wineries and failed to enclose material. Please find same enclosed. Sincerely, RICHARD W. E/CHENBERGER, District Attorney X111r l Zn L. Dead /e-- 6-4 id y �� Encl. t �� fj� 0 September 27, 1984 Mr. Richard Echenberger District Attorney San Joaquin County 222 E. Weber Stockton, CA 95202 Re: Offensive odors eminating from two Lodi wineries. Dear Mr.. Eichenberger: On beh-alf of the residents of northeast Lodi, and particularly of Mokelumne Village Subdivision; I am writing this letter to object to the continuing problem of highly offensive odors originating from two Lodi Wineries r 1) ISC Wines of California (formerly United Vintners) located at 1 W. Turner Road and 2) Turner Winery located at 3750 E. Woodbridge Road. The odor referred to in this letter is not the typical "cru-sh odor, the musty smell one expects in Lodi during the "grape season" that is, from approximately late August thru October. I am referring to a yearrround, highly septic smell reminiscent of a sewer. In fact, Mr. Fran Forkas, Water/Sewer Supervisor for the City of Lodi who, due to the nature of his job has been subjected to offensive odors for many years, acknowledges that the smell or smells coming from these wineries "bring me to my knees." The odors are emitted from treatment ponds used in both wineries' crushing and distilling processes. Discharge from the crushing and distilling operations is collected in these ponds. The result is a breakdown of sugar in the operations' by+ -product producing an anaerobic condition and thus the odor. We who live In the northeast section of Lodi are subjected to a most highly offensive, revolting smell, some days worse then others, on a year-round basis. A few of us have been actively pursuing a solution to this problem for the past two years and have yet to obtain a temporary reprieve from, much less an end to, t.lis odor pollution. I feel that a large part of our lack of success has been due to the fact that no governmental body that we have taken this problem to has had both the concern and muscle to make the wineries abide by the regulations established for them. Both wineries are supposed to operate under rules and regulations as set forth by their Discharge Permits or "Orders". Specifically, I am referring to the sentence that says "neither the discharge nor its treatment shall cause a pollution or - nuisance as defined in Section 13050 of the California Water Code." This sentence can be found in ISC Winery's (formerly United Vintners) Order #81-074, B. Discharge Specifications #1 and in Turner Winery's Order #80-055, D. Provisions #1. The Porter-eCologne Water Quality Controi Act defines nuisance as "anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as ti interfere with the comfortable enjolment of life or property, .ind (2) affects at the same time an entire community or neighbirhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon Individuals may be unequal, and (3) occurs during or as a result of the treatment or disposal of waste." ISC Winery has a totally effective solution to their odor emmission problem open to them they can, today, hook into the City of Lodi sewer system. Turner Winery is in the county and so cannot put their discharge into the Lodi sewer system. There are, however, solutions available to that winery also by using other disposal and treatment methods. I wrote a letter to both wineries to let them know of our displeasure and to find out what each planned to do about the problem. ICS winery is working with the City of Lodi to hook into the sewer system, but they have been "working" on this on and off for the past four years! Mr. Forkas of City of Lodi informs me that the ISC discharge is acceptable to the sewer today and yet no steps have been taken by that winery to mitigate the problem in this manner. Turner Winery has completely ignored our complaints and phone calls. Attached to this letter are signatures of people in Mokelumne Village subdivision, Rivergate subs:vision, and surrounding neighborhoods who will attest to the fact that these odors we are complaining about are "...indecent or offensive to the senses, or an obstruction to the .free use of property, so as to interfere with the comfortable enjoyment of ?ife or property." The wineries' odors are so bad that at times we are forced to keep our windows closed and stay indoors. One elderly woman in our subdivision becomes physically ill when the smell is at its worst. l Enclosed find copies of letters that I think will be of help to you in establishing some familiaritywithwith our situation. After reviewing all of the above, I trust you will find reason to investigate both wineries• operations. It is my understanding that pursuant to the California law, your office may bring an action to abate a pulic nuisance of this type. We residents respectfully ask that a temporary restraining order be issued to both wineries while the investigation is under way. If you desire additional information, I can be reached at (209) 951-7230 during business hours. Thank you for your time and cooperation. Sincerely, La Arn LA/lm Enclosures P E T I T I O N Formal Complaint Against Offensive Odors and Public Health Hazard Dated May 10, 1984 We, the undersigned citizens of Lodi do hereby declare that we believe the odors emitted from ISC Winery located at 1 W. Turner Road and Turner Winery located at 3750 E. Woodbridge Road are Indecent and offensive to the senses and are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. We strongly protest and object to these offensive odors, believing them to be a public health hazard, public nuisance, and invasion of privacy. NAME ADDRESS TELEPHONE 2 ark ,% ;.��� l/3� /ii, /fc �c�: 33f 25-Y17 ��G���/Ali %� /1 / 6. gi lt# in � 173f- 6 ;-AtiaV1 6. 'I d. • i 9. 10. 11. 12. 13. 14. 15. P E T I T I O N Formal Complaint Against Offensive Odors and Public Health Hazard Dated May 10, 1984 We, the undersigned citizens of Lodi do hereby declare that we believe the odors emitted from ISC Winery located at l W. Turner Road and Turner Winery located at 3750 E. Woodbridge Road are Indecent and offensive to the senses and are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. We strongly protest and object to these offensive odors, believing them to be a public health hazard, public nuisance, and invasion of privacy. NAME ADDRESS 1. �/ r ..t 6 Inc(4, i .1'"2 - TELEPHONE 9. 10. 11. 12. 13. 14. 15. - (0 �-- 4-1-3 5"" 335 —60 qq P E T I T I O N Formal Complaint Against Offensive Odors and Public Health Hazard Dated May 10, 1984 We, the undersigned citizens of Lodi do hereby declare that we believe the odors emitted from ISC Winery located at l W. Turner Road and Turner Winery located at 3750 E. Woodbridge Road are indecent and offensive to the senses and are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. We strongly protest and object to these offen-sive odors, believing them to be a public health hazard, public nuisance, and invasion of privacy. NAM ADDRESS ,J/ <// -,1i I -- TELEPHONE O _1.ry Sf 3G9 �q;Xs/ C.. Z- etjZ �' qr Ir P E T' I T I O N Formal Complaint Against Offensive Odors and Public Health Hazard Dated May 10, 1984 We, the undersigned citizens of Lodi do hereby declare that we believe the odors emitted from ISC Winery located at 1 W. Turner Road and Turner Winery located at 3750 E. Woodbridge Road are indecent and offensive to the senses and are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.. We strongly protest and object to these offensive odors, believing them to be a public health hazard, public nuisance, and invasion of privacy. NAME ADDRESS TELEPHONE 3 ?0 Com, iy<< .lam•,' sG 17-5 5 • �'r . (� !!�c i �,• 'J t �'� t a 6 . 7 • �� loo. �i r 8 .^,4e ,tea iJ /L7 t i �f r,.: / << �'+ C.�t • .� ��,r . G Vii - �• r 10 "o lor P E T I T I O N or Formal Complaint Against Offensive Odors and Public Health Hazard Dated May 10, 1984 We, the undersigned citizens of Lodi do hereby declare that we believe the odors emitted from ISC Winery located at 1 W. Turner Road and Turner Winery located at 3750 E. Woodbridge Road are indecent and offensive to the senses and are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. We strongly protest and object to these offensive odors, believing them to be a public health hazard, public nuisance, and invasion of privacy. NAME / ADDRESS TELEPHONE ` � �Lei+• 12 . l x tet• '' 7 C //L / .r 13 3. ••� lt• 1. %�l. :CL`- �)r�� `%. •t •l _:r t�.i:-� i,•'. 5 3 %2-C 4iY4lt'-c10 'iU.;�� ,. J ^ 35- j0iff t 7 �,► 1. - �- c-1•. �,.�_ .� --- L GG l 1 ♦7 Grp ` � �Lei+• 12 . l x tet• '' 7 C //L / .r 13 1.4:.Sr- 7 %`— / ,. P E T I T I O N Formal Complaint Against Offensive Odors and Public Health Hazard C Dated May 10, 1984 We, the undersigned citizens of Lodi do hereby declare that we believe the odors emitted fr„, ISC Winery located at 1 W, Turner Road and Turner Winery locatedat 3750 E. Woodbridge Road are indecent and offensive to the senses and are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. We strongly protest and object to these offensive odors, believing them to be a public health hazard, public nuisance, and invasion of privacy. NAME ADDRESS / /�/•�;TELEPtH�ONE 2 i 10 //r:.�-c< `,, !, 3, ..q 13. 14. c�/t,�.--� t �1c n_•,,�:�[�4i : / .� �w G�•►-� !� ' 3Gj'—Ijti1: ,/ 4r P E T I T I O N Formal Complaint Against Offensive Odors and Public Health Hazard Dated May 10, 1984 We, the undersigned citizens of Lodi do hereby declare that we believe the odors emitted from ISC Winery located at 1 W. Turner Road and Turner Winery located at 3750 E. Woodbridge Road are indecent and offensive to the senses and are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. We strongly protest and object to these offensive odors, believing them to be a public health hazard, public nuisance, and invasion of privacy. NAM 5. 6. •� 7.1; . 8. 9. 10. I� 11. �►-2 12� 13.'.� 14. 15, ADDRESS TELEPHONE 74T--� F1 Ma ch 19, 1984 Dir. John Turner Tt= ner Winery P.O. Box 207 Acampo, Ca. 95220 4C Re: Winery located at 3750 E. Woodbridge Rd. Woodbridge Dear Mr. Turner: I am writing in regards to the odors emitted from your winery's discharge system. As I an sure you are aware, the neighborhood has changed drastically in the past few years and there are now several subdivisions to the south of your winery. As a resident and landowner to the south of the winery for the past four years , I have lived with the revolting odor ca-ssed by your winery. There have been some feeble attempts in the past to mitigate the problem by talking with various agencies, but always the bureaucratic red tape so confounded } whoever was pursuing the problem that the ball was dropped. Not so this time. I have recently met with city officials from City of Lodi and a representative .frorz the County Health Department. I havealso spoken with Mr. Gary Reents from the Regional Water Quality Control Hoard. Mr. Reents informed *,e that there have been recent complaints about the odors ccming from your winery and that Water Quality Control Board would be sending a specialist to talk with you about solutions to the discharge problem. From other sources I have learned about possible solutions such as utilization of a digestor and ponds with treatment of ponds to eliminate odor during the crush season and septic tank and underground disposal such as leach lines and vertical pits during off season. This last suggestion should be economical for up to 5000 gallons per day and thus should handle the discharge during off season. I have also learned that one of the Provisions outlined in yo•ar Order no. 80-055, Waste Discharge Requirements, is "neither the discharge nor its treatment shall cause a pollution or nuisance as defined in Section 13050 of the California Water Code". Nuisance, as defined by the Porter - Cologne Water Quality Control Act means "anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life C �► or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons,although the extent of the annoyance or damage inflicted upon individuals may be unequal, and (3) occurs during or as a result of the treatment or disposal of wastes." I have petitions signed by residents in different subdivisions to the south of your winery that attest to the "indecent and offensive" odor as mentioned above. I feel the time has come for a final, permanent solution to this odor problem. I do not wish to cause your business any unnecessary problems; I do not wish to cause your business to suffer in any way. By the same token, I don't think you want residents living around your winery to be sickened with a smell so bad that it forces usto keep our windows closed and stay indoors. And, this condition exists on and off all year round, not just during the traditional "grape season". I hope that you will immediately commence work to put an end to this problem. I will be in contact with Mr. Reents from the Water Quality Control Board and with the County Health Department to keep apprised of progress made. If you wish any further information from me, I can be reached at (209) 951-7230 during business hours. Thank you for your time and cooperation. Very truly yours, n z LA/lm cc: Gary Reents-Regional Water Quality Control Board Al Olson -San Joaquin i eaYth Dept. Fran Forkas-Water/Sewer Supervisor. Henry Glaves-Lodi City Manager Donald O'Kane-President, Mokelumne Village Homeowners Assoc. If March 20, 1984 Mr. Mac Powell Manager ISC Wines of California 21801 Highway 120 Escalon, Ca. 95320 Re: Winery Located at 1 W. Turner Rd., Lodi, Ca. Dear Mr. Powell: ff I am writing in regards to the odors emitted from your winery's waste discharge system. As I am sure you are aware, the surrounding neighborhood has changed drastically in the past few years and your winery is now bordered on the east and west by residential areas. As a resident and landowner to the east of the winery for the past four years, I have lived with the revolting odor caused by your winery. There have been some feeble attempts in the past to mitigate the problem by talking with various agencies, but always the bureac;ratic red tape so confounded whoever was pursuing the problem that the ball was dropped. Not so this time. I have recently met with city officials from City of Lodi and a representative from the County Health Department. Regional Water Quality Control Board has aiso been notified. From these meetings I have learned that your winery has been working with the City of Lodi to correct pH etc. in order to enable discharge into the City of Lodi's waste water system. I congratulate you on this progress and urge that your winery take the final steps to discharge into the city's industrial line. I have also learned that one of the Discharge Specifications outlined in your order no. 81-074, Waste Discharge Requirements, is "neither the treatment nor the discharge shall cause a pollution . or nuisance as defined by the California Water Code, section 13050". Nuisance, as defined by the Porter -Cologne Water Quality Control Act means "anything which: (1) is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and (2) affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals maybe unequal, and (3) occurs during or as a result of the treatment or disposal of wastes". I have petitions signed by residents in our subdivision and to the east and south of our subdivision that attest to the"in-• decent and offensive" odor as mentioned above. And, you your- self said, in a letter to Mr. Jack Ronsko, Public works Director, Lodi, ir., a letter dated February 12, 1980 that "stillage by its nature has an odor some people find objectionable and the close proximity of the disposal ponds to residents in the area is certain to result in odcr complaints no matter what their origin. United Vintners would like to avoid such situations and it is for this reason that we are making an application to discharge into the city of Lodi's waste water system". I feel the time has come for a final, permanent solution to this odor problem. I do not wish to cause your business any unnecessary problems; I do not wish to cau::e your business to suffer in any way. By the same token, I don't think you want residents living around your winery to be sickened with a smell so bad that it forces us to keep our windows closed and stay indoors. And, this condition exists on and off all year round, not just during the traditional "grape season". 7 tope that you will immediately pursue plans with the City of Lodi to discharge into the waste water system. I will be in contact with Fran Forkas, Water/Sewer Supervisor for the City of Lodi to keep apprised of progress make. If you wish any further information from me, I can be reached at (209) 951-7230 during business hours. Thank you for your time and cooperation. Very truly yours, e Arn LN/lm cc: Fran Forkas, Water/Sewer Supervisor Henry Glaves, Lodi City Manager Al Olson, San Joaquin Health Dept. Gary Reents, Regional Water Quality Control Board Donald 0' Kane, President-Mokelumne Village Homeowners Assoc. UN=Z`E D VII%TTN Mr. Jack L. Ronsko Public Works Director City of Lodi 222 W. Pine St. Lodi, CA Dear Mr. Ronsko: P 0 OOK 366 • [:CALON. CALIFORNIA 66320 209-838-3575 xARRx)c9P&)T)f.*X i,-bruary 12, 1980 Please find attached United Vintners waste water discharge permit application. United Vintners Lodi winery is presently discharging to company owned ponds located on both sides of the Mokelumne River. The winery has operated in this manner for several years. However, recent zoning changes by the City of Lodi have allowed residential and multiple dwelling construction immed'ately adjacent to our property to the West, and also directly across the river from our, ponds. In Hoverrbe'r the San Joaquin County Health Department referred an odor complaint to the California Regional 'dater Quality Control Board. This particular instance was the result of a pump failure in the winery, which was cor- rected immediately. United Vintners can manage this operation according to the best knownpractices available today; under such mantes `woul'd be well within the requirerr*nts established by o discharge permit:—C.�� Stillage by its nature has an odor that some people ;'ind objection -tom able and the close physical proximity of the disposal ponds to residents^b���1�on in the area is certain to result in odor complaints no matter what their `opkk6-AI& origin. United Vintners would like to avoid such situations and it is N:i3a,. for this reason that we are making an application to discharge into the City of Lodi's waste water system.^Q It is our hc-e that the City of Lodi will establish discharge requires4nts for our application that will allow United Vintners to discharge into the City's wastewater sewer. Best wishes, RECEIVED F=8141980�� r Mac Powell CITY OF L O DI Manager, Project Engineering MP:eb MI.K WORKS DEMA TMENT 10ARoOf MATEES SAr IWPUIN LOCAL HEALTH DISCIW. SERVING ►RGko"rYD.plat � "aa.c.► E V8ftc.r'AS*c AV ot r 1601 East Hazelton Avenue. P O. Box 2009 San Joeou n County �r , WnrsiOn tWh+ u ►nmonaH t" Sp.o.aen C.�, or Eswn JA i w w " Stockton, California 95201 C.or of l.oa+ 'ern 6u96" C.ty or Manwa Jaci t. -*­V. o o s (209:1 466-6781 C.1y a R.pon Gly of Stockton A +uu Lo"J waftAbe, AJack J wahams M O O•se..cr Winn CMI.c„ San Joipu.n County aa.y San Jwou.n Count' March 14, 1984 California Regional Water Quality Control Board Central Valley Region 3201 S Street Sacramento, CA 95816 Attn: Gary Rentz, Water Resources Control Engineer Please be advised that a complaint has been received through the City of Lodi concerning odor problems along West Turner Road, Lodi, CA. On March 9, 1984 an inspection of the nearest up -wind source was made, namely, United Vintners, I West Turner Road, Lodi, and Turner Winery, 3750 E. Acampo Road. The ponding system for United Vintners which is located on both the North and South side of the Mokelumne River did not appe,r to exhibit any odor problem at the time of the inspection. The ponding system for Turner Winery is located at the West end of ,'inert' Road, Acampo. A strong odor- was detected down -wind of the South Fond. Those participating in the inspection were: Henry Glaves, t.ity Manage City of Lodi, Jack Ronsko, City of Lodi Director of Public Works, Fran Forkas, C;ty of Lodi Public Works, and Al Olsen, Supervising Sanitarian, San Joaquin Local' Health District. Your response to determine if the odor problem constitutes a violation of order No 80-055 will be greatly appreciated. ShouT you have any questions, please contact Al Olsen of my staff at 209-466-6781, 50. J. J Williams, M.D. District Health Officer C. Leland Hall, R.S. i Director Environmental Health Division CLH/AO:ch cc: Jack L. Ronsko, Public Works Director 1331 S. Ham Lane, Lodi, CA 95241 f RECEIVED MAR 19 198,,, CITY OF LODI "Lle1YpAK31>11-m ."r � t CITY f?UNCIL 14 f% R (Randv) SNIDER. ttavot DAVID M HtNCHMAN MaYot Pro Tempore EYELYN M OLSON IA ($ W. PINKERTON• It FRED M REID CITY OF LODI CITY HALL. 321 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209)334.5634 April 30, 1984 Mr. Bill Crooks Regional :rater Quality Control Board 3201 "S" Street Sacramento, CA 95316 i/t HENRY A. CLAVES. It. City Manager ALICE M REMICK City Clerk RONALD M. STEIN City Attorney Gentlemen: SUBJECT: Continuing Nuisances In of .,;.a r the City of Lodi by Holders of NPDES Permits On April 21, 1984 the City of Lodi was contacted to investigate odor complaints f:om several citizens in north eastern Lodi. The City's Water/:astewater Superintendent investigated the odor complaints and fo;:nd the following ° Tine: 6:30 p.m. ° Place: Mckelumne Village Subdivision, north of Turner Road bound by Highway 99 to the east a:nd the Southern Pacific Railroad Tracks to the west. Wind moverznt: From the west moving east. Findings: A local winery at 1 West Tuner Road adjacent to a developing subdivision was found to have odors eminating from their treatment ponds. (It should be pointed out that the winery staff is currently working with the City to develop an economical means to discharge their waste to the City of Lodi's Industrial System) The winery's spreading area on the north side of the Mokelumne River was also inspected by staff and no odors were found. An inspection of the holding ponds of Turner Winery at 3750 E. Woodbridge Road directly north of the City limits was also found to have odors. Turner Winery however, was not causing odors this evening to our citizens due to wind direction, but could.and have caused odors on days of little or no air novenent. (44 Mr, Oil1 Crooks April 30, 1984 Page 2 It is our opinion that thr City of Lodi has jurisdiction offer the winery at 1 West Turner Road under the City of Lod'i's Wastewater Ordinance. However, the City of Lodi has NO jurisdiction over tl,- wirery operation taking place on the'north side of the Mokulmne River. (Turner Winery) Therefore, the City of Lodi requests that you investigate this odor problem and inform Tarner Winery of the requirements under their NPDFS Permit and ask thea to abate the nuisance situation, which is creating a hardship for citizens of the City of Lodi. Your quick action with the NPDES Permit holder with which Lodi has no control wrill be greatly appreciated by our citizens. If you have any questions regarding this matter, please contact Mr. Fran E. Forkas, Water/Wastewater Superintendent or myself at 334-5634. ..Sincerely, Jack L. Ronsko Public Works Director cc: City Manager City Attorney Water/Wastewater Superintendent � San Joaquin Local Health District United Vintners Turner Winery JLR/FEF:sls C OWE OF DISTRICT ATTORNEY COUNTY of SAN JOAOUIN BUREAU OF INVESTIGATION DETAILS a SUPPLEMENT ❑ INFO. REC. ❑ :E_T TYPE Of CASE FILE NO - Turner Winery6 Public Nuisance (Att Assist.) 84-582 ISC Wintery I LEGAL NO.. (W): Lydia Zanke, 221 Mokulmne Street, Lodi, phone: 334-3711. (W): Eugene Tupper, 1401 Awani Lane, Lodi, phone: 369-9588. (W): Lee Hall, Sanitarian for San Joaquin Local Health District. A request was received from the District Attorney to conduct an investigation into allegations contained in a letter from Lacey Arnaiz. Also contained in the letter was a petition signed by a number of residents in the Lodi area protesting to odors coming fr an the ISC Winery located at I West Turner Road in Lodi and the Turner Winery located at 375) East Woodbridge Road. The petition states, "We strongly protest and object to these offensive odors believing them to be a public health hazard, public nuisance, and evasio: of privacy." Contained in the letter to the District Attorney frau Mrs. Arnaiz is a request that the District Attorney's Office obtain a temporary restraining crder against both wineries during the course of the investigation. On October 12, 1984, at 9:30 a.m., I contacted witness Lydia Zanke, and she advised that she signed the petition objecting to the odors from wineries in the area. According to Mrs. Zanke, she has lived at the present location for approximately two years and has found there to be offensive odors since moving into her hone. She advised at the time I was there at 9:30 a.rn. on October 12, 1984, there was no offensive odors, howe lr, DATE TY►EC: JINOWD Fr, INVESTiGA.04: m 10/19/84 jm Don Briggs LVED tY, \ PAGE COPIES TO, 2�uKfDA Eichenb «Eo „r, l ►ENo�NG , % the previous night CLOSED AW l OFFICE OF DISTRICT ATTORNEY COUNTY OF SAN JOAOUIN BUREAU OF INVESTIGATION DETAILS IR SUPPLEMENT ❑ INFO. REC. SACT Tr►E OF CASE Fitt NO . Turner Winery & I Public Nuisance (Atty. Assist. 84-5-82 LEGAL NO.: that there was smells which smelled like a sewer. She doesn't know where the winery is located or, exactly where the smells come from and states that she smells the offensive odors only during the part of the year when grapes are being processed. She indicated that the smell is so bad at times that not only can she not enjoy any sort of outside life on the patio, but the windows in the house have to be kept closed. on the same date at 10:00 a.m., I contacted Mr. Eugene Tupper, who also advised he signed the petition. He stated he has lived in a condo for the past two years and that the smell from the wineries are not as bad this year generally as they have been in the past. i Since he has been living in Lodi the past couple of years, he is familiar with grape crush smells and states that the problem odors are not the normal crush smells, that they are different and more objectionable. He does not 1 know but thinks perhaps the change in smell may be die to some sort of distillation process in addition to the norit.al formenting process used during the processing of wine. In the past, he has only noticed objectionable smells during grape season and not all year round. At Mr. Tucker's invitation, I went with him for a walk and walked behind his > by. DATE h'FID. NOExED by. INVESTIGATOI. ja 10/1984 jm Don Briggs nrtD by. PAGE 0011Es TO, �,\ wED eY, 2 ❑ FINDING ❑ CLOSED n • Int Ilj/7 {I OFna OF DISTRICT ATTORNEY CC4JN" OF SAN JOAOUIN BUREAU Or INVESTIGATION DETAILS ® SUPPLEMENT p INFO. REC. Q V.&ACI TY" Of USE Fitt NO Turner Winery Public Nuisance (Atty. Assist. 84-582 ISC W new I ((GAL NO., condo along the east side of the railroad tracks. Upon climbing to the top of the railroad track bed, 1 observed open ponds on the north side of the ISC Winery. The ponds are located on the northeast corner of the property where the railroad tracks cross the Moukolumne River. At that location, a pump was observed and was pumping sane sort of f luid that was draining into a small holding pond. Along with Mr. Tucker, I followed the pipe across the railroad bridge to the north side of the river over to an area that appeared to be some type of holding pond At that area, I lost site of the pipe, however, walked in a northerly direction to the north side of the holding ponds where what appeared to be the extension- of the same pipe was observed. At that location, there was a liquid which smelled the same as the smell from the pond on the opposite side of the river coming out of the ' pipe into the holding pond area. Mr. Tupper also advised that this smell .was the same general smell that he objects to. We then walked back across the railroad bridge and on the south side of the river from the top of the railroad tracks, could smell an odor coming from the holding pond area directly behind the winery, however, as we walked back towards his condo on the east side of the railroad tracks the smell was no longer apparent. Approximately 12:00 noon, I contacted Thomas Fuller, who was in front of his Mto by. DATI TY►tN Nuxto NY. INVESHGATOR. jm 10/19/84 jm Don Briggs AnNOVIO ". PAGE COPIES TO. 1 DA 1411 (181741 CLOSED ❑ .r' OFFICE OF BUREAU Or DISTRICT ATTORNEY INVESTIGATION COUNTY OF SAN 1OAOUIN � DETAILS SUPPLEMENT INFO. REC. 0 �. UI&ACT TYPt OF CUSS FILE NO Turner Winer Public Nuisance (Atty. Assist.) 84-582 ISC Winery LEGIL NO.. residence at 241 Royal Oaks Court. This address is located on the west side of the ISC Winery. According to Mr. Fuller, he has lived in his residence at that location for approximately two years and has not suffered any, problems at all with any sort of smell. He advised that possibly the reason he is not bothered by any sort of odors coming fr an the winery was due to the fact that he lives on the west side and the prevailing winds flow in the opposite direction. Mr. Fiiler continued by stating that even if there were offensive smells he r_obably would not complain anyway since the winery was there long before he was. I then made contact at 927 Camanche with a lady who preferred not to identify herself stating she had lived in Lodi all of her life. She stated that the smells from the location where she live is normal for Lodi; that she: has lived in Lodi all of her life and that the of-Ily thing that she .:wells is the normal grape crushing smell which you can smell throughout most of Lodi. Contact was made with Lee Hall of the San Joaquin Local Health District who advised that he had a file on both United Vintners Winery also referred to as the ISC Winery at 1 West Turner Road, and also a file on the Turner Winery located at 3750 East Woodbridge Road, Acampo. Mr. Hall advised that I was welcome to review their files. On Oct 6, 984 a review was i:= 40 by$ DATE TMD' NOEZ sT. m lo/19/84 AMSOM fn, vv 11 • DA Is& 111/741 .de of both files. Accordi INVEST ICrATOb Don Briggs ►AGE Coo1Es To, 4 ' KNOING El to the file CLOSED ❑ ,f T OFFICE OF DISTRICT ATTORNEY COUNTY Of SAN JOAOUIN DETAILS Q X6:E::T ISC Winery BUREAU OF INVESTIGATION SUPPLEMENT p INFO. REC. p 10.E NO Nuisance (Atty. Assist. 84-582. IIGAI NO for the Turner Winery, they are currently operating under order #80-055 dated May 30, 1980, which is an order issued by the California Regional Water Qualit Contr71 Board Central Valley Region. A letter contained in this file is a letter to the above agency from Mr. Hall of the Health District stating that a strong odor was detected from the ponding system in the south pond at Turner Winery. A request was made that the California Regional Water Quality Control Board make a determination if the problem constituted a violation of their order. On April 12, 1984, a letter was received from the Water Board stating, we agree that the odor problem at Turner Winery was either a violation or •a threatened violation of order #80-055. Because of toxic and public health water quality problems, we cannot assign staff time to odor nuisance problems. The Water Qauilty Control Board did sand an enforcement letter dated April 17, 1984. This let.._.:- states in part that the operation of the winery was causing an odor nuisance and is a violation of order #80-055. A written report was requested from the winery outlining plans to conform with the requirements of the order. Apparently, there has not been a sufficient reply to the enforce- ment letter as of this date. According to notes in file, inspections by the San Joaquin Focal Health District indicate that on May 2, 1984, an inspection was made and a very slight odor was coming from the pond site at the Turner Winery. A similiar Tv"D M DATE TY►EGP rNOV40 SY, INVESTIGATOM m 10/19/84 jM Don Briggs APPMMO lye I ►AGE COPIES TO, Rt IMI) W. 5"No. � CLOSED ❑ • 0A ova Ilalvv - _ MCI OF DISTRICT ATTORNEY COUNTY OF SAN JOAOUIN DETAILS 0 SUPPLEMENT 0 INFO. REC. BUREAU Or INVESTIGATION ❑ X�tE=T TYPE Of CASE FILE NO Turner Winery Public Nuisance (Atty. Assist.) 84-582 ISC Winery LEGAL NO inspection on June 13, 1984, indicated "no odor problem at this time"_ A follc up inspection on August 16, 1984, indicates, "there was only a slight odor in the south pond," and the most recent notation in the file, October 15, 1984, only a very slight odor f rcm the south pond. Information contained in the file from United Vintners, also called ISC _,Winery, indicates they are operating on permit #81-074 dated June 26, 1981, also issued by the California Regional Water Quality Control Board. .A note in this file dated June 14,. 1983, indicated that the winery appeared to be in violation of discharge order #81-074. An inspection of the ponds on both sides of the river by the Health District found "United Vintners not 'source of the odor problems." Further investigation revealed, "strong odor from ponds at Turner Winery." On October 15, 1984, an inspection -of the ISC Winery by the Health District determined only a slight odor from ponds on the south side of the river. This case will be discussed with Deputy District Attorney Taylor and reviewed with him prior to any further investigation. Case pending. ' TYPED SY. A►►lOVED 1Y. r awlawEo 1Y. 0 OA r7t DATE TYPED, 10/19/84 -NDEXED &Y. INVESTIGATOR- jm Don Briggs PAGE I COPIES TO, 6 1 "NoING lJ CLOSED ❑