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CLEANUP AND ABATEML.tT ORDER NO. 5-00-704 3 FORMER CHEVRON STATION #9-5775 301 WEST KETTLEMAN LANE Opl, SAN JOAQUIN COUNTY 11. Section 13267(b) of the California Water Code provides that: "In conducting an lamstigatiorr speclficd is subdivision (a), the regional board rrtay require that anY perrorr who has discharged, discharges. or is suspected ofdischarging, or is proposing to discharge waste with in i(.s region, or arry ciazcrr or doruiciliary. or political agency or entity of this state who has discharged, discharges, or is suspected of discharging, or who proposes to discharge, waste outside ids region that could affeca the quality of waters iv thin its region shall f rruish, under penalty of perjury; technical or monitoring progrant reports which (he regional board requfms. 79re burden, Including costs, of thane reports shall bear a reasonable relationship to the need for the report and the benefits to he obtained frons rite reports. " 12. Title 23, Chapter 16, Article 5, Section 2652 (c and d) of the California Code of Regulations requires the Discharger to -submit quarterly reports containing the results of all corrective action activities occurring during the previous three months. 13. The issuance of this Order is an enforcement action tal.en by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2), Title 14, California -Code of Regulations. 14. Any person affected by this action of the Board may petition the State Water Resources Control Board (State Board) to review the action in accordance m6th Title 23 of the California Code of Regulations sections 2050-2065. The State Board must receive the petition within 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions will be provided on request. In addition to filing a petition with the State Board, any person affected adversely by this Order may request the Regional Board to reconsider this Order. Such request should be made within 30 days of the date of this Order. Note that even if reconsideration by the Regional Board is sought, filing a petition with the State Board within the statutory time period is necessary to preserve the petitioner's legal rights. IT IS HEREBY ORDERED that, pursuant to Sections 13267 and 13304 of the California Water Code the Discharger shall: - 1. Clean up the waste and abate forthwith, the existing and threatened effects of waste that has been, and continues to be, discharged to groundwater mom this site. `Torthwith" means as soon as reasonably possible, but in any event, no later than the deadlines imposed by this Order. Site -Specific Investigation and Cleanup Tasks Cornnliance Date 2. Continue to operate weekly groundwater extraction in the area of the continuous highest groundwater MtBE contamination until a permanent groundwater extraction system is installed.