Back on September 5th 2006, the Executive Officer for the Regional Water Board issued a Notice of Violation (NOV) to the Mule Creek for the violations noted during staff’s 16 August 2006 inspection and the compliance review of the case file. The Notice Of Violation required the Discharger, Mule Creek State prison, to submit a water balance showing whether the Waste Water Treatment Plant currently has sufficient treatment, storage, and disposal capacity to comply with the requirements of the Waste Discharge Regulations, a description of how the prison will consistently comply with the Monitoring and Reporting Program, a description of how the prison will consistently comply with the WDRs effluent limitations, a “Tail water Containment Report”, and a “Long Term Wastewater Facilities Upgrade and Financing Plan. Since the issuance of the 5 September 2006 Violation Notice, the prison has had two addition spills at the WWTP spray fields and one at the WWTP sludge drying facility’s filtrate wet well. All three spills entered surface water drainage courses, which is a violation of the Discharge Prohibitions.

On 10 and 16 October, the Discharger submitted the reports required by the Regional Board. A Cease and Desist Order was then ordered for the Mule Creek Waste Water Plant to stop the illegal discharges. During testimony Friday Mike Israel testified that tests by the county's environmental health department show potentially dangerous levels of nitrates, which local officials suspect come from the prison's smokehouse in a t least three local wells near the prison. Israel said he knows of no other potential source for the contamination.

A joint inspection by the Amador Environmental Health Department and prison employees identified a broken floor drain in the prison smokehouse where inmates process about 30,000 pounds of meat a day, Israel reported to the Board of Supervisors last Tuesday and then to the regional state board on Friday.

Meat processing plants are known for generating high levels of nitrates. Israel said the three contaminated wells had from 53 to 69 parts per million of nitrates. State drinking water standards allow up to 45 parts per million. The wells provide water to one residence, one office and for irrigating nearby land. High levels of nitrates can cause a potentially fatal blood disorder known as blue baby syndrome. Among the most at risk are infants under six months. It could be several years before the water is safe to drink, Israel said.

The original Cease and Desist Order given Friday to the Central Valley Board and recommended by state staff had very long time frames for the prison to come into compliance with the flow rates.  The first motion to follow RWQCB staff's recommendation failed to pass.  Two board members held out as they agreed with Amador County representatives that this matter should be corrected more quickly.  They reduced the time frames and the second motion, which included those reduced time frames, passed. Supervisor Richard Forster said the county should consider suing the California Department of Corrections and Rehabilitation. "They have been a very poor neighbor for over 10 years and they haven't lived up to their word many times," he said. "I think we have to hold them accountable."