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CLEANUP AND ABATEMENt ORDER NO. 5-00-704 3 <br />FORMER CHEVRON STATION #9-5775 <br />301 WEST KETTLEMAN LANE <br />LOD1, SAN JOAQUIN COUNTY <br />11. Section 13267(b) of the California Water Code provides that: <br />" In conducting an investigation specified in subdivision (a), the regional board may require that any person who has <br />discharged, discharges, or is suspected of discharging, or is proposing to discharge waste within us region, or an citizen <br />or domiciliarv, or political agency or entity ojthis state who has discharged, discharges, or is suspectnl of discharging, or <br />who proposes to discharge, waste outside its region that could affect the quality of waters within us rccion shall fiurnlsh, <br />under penalty gfpeijury, technical or monitoring program reports which the regional board requires. The burden, <br />including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be <br />obtained front the reports. " <br />12. Title 23, Chapter 16, Article 5, Section 2652 (c and d) of the California Code of Regulations <br />requires the Discharger to submit quarterly reports containing the results of all corrective action <br />activities occurring during the previous three months. <br />13. The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt <br />from the provisions of the California Environmental Quality Act, pursuant to Section <br />15321(a)(2), Title 14, California Code of Regulations. <br />14. Any person affected by this action of the Board may petition the State Water Resources Control <br />Board (State Board) to review the action in accordance with Title 23 of the California Code of <br />Regulations sections 2050-2068. The State Board must receive the petition 'Within 30 days of the <br />date of this Order. Copies of the law and regulations applicable to filing petitions will be <br />provided on request. In addition to filing a petition with the State Board, any person affected <br />adversely by this Order may request the Regional Board to reconsider this Order. Such request <br />should be made within 30 days of the date of this Order. Note that even if reconsideration by the <br />Regional Board is sought, filing a petition with the State Board within the sta-utory time period is <br />necessary to preserve the petitioner's legal rights. <br />IT IS HEREBY ORDERED that, pursuant to Sections 13267 and 13304 of the California Water Code <br />the Discharger shall: <br />Clean up the waste and abate forthwith, the existing and threatened effects of -, aste that has <br />been, and continues to be, discharged to groundwater from this site. "ForthAdth" means as soon <br />as reasonably possible, but in any event, no later than the deadlines imposed by this Order. <br />Site -Specific Investigation and Cleanup Tasks Compliance Date <br />2. Continue to operate weekly groundwater extraction in the area of the continuous <br />highest groundwater MtBE contamination until a permanent <br />groundwater extraction system is installed. <br />