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r <br /> MONITORING AND REPORTING ORDER NO.R5-2010-0818 - 2 - <br /> BP <br /> 2 -BP AMERICA AND APPLIED AEROSPACE STRUCTURES CORPORATION <br /> STOCKTON, SAN JOAQUIN COUNTY <br /> 7. Prior to construction of any new groundwater monitoring or extraction wells, and <br /> prior to destruction of any groundwater monitoring or extraction wells, the Discharger <br /> shall submit plans and specifications to the Central Valley Water Board for review <br /> and approval. Once installed, all new wells shall be added to the monitoring program <br /> and shall be sampled and analyzed according to the schedule below. <br /> LEGAL PROVISIONS <br /> 8. CWC section 13267 states, in part: <br /> (b)(1) In conducting an investigation, the regional board may require that any person <br /> who has discharged, discharges, or is suspected of having discharged or, discharging, <br /> or who proposes to discharge waste within its region . . . shall furnish, under penalty of <br /> perjury, technical or monitoring program reports which the regional board requires. The <br /> burden, including costs, of these reports shall bear a reasonable relationship to the need <br /> for the report and the-benefits to be obtained from the reports. In requiring those <br /> reports, the regional board shall provide the person with a written explanation with <br /> regard to the need for the reports, and shall identify the evidence that supports requiring <br /> that person to provide the reports. <br /> The reports required herein are necessary for the reasons described in this Order, to <br /> assure protection of waters of the state, and to protect public health and the <br /> environment. <br /> 9. CWC section 13268 states, in part.- <br /> (a)(1) <br /> art:(a)(1) Any person failing or refusing to furnish technical or monitoring program reports <br /> as required by subdivision (b) of Section 13267 . . . or falsifying any information provided <br /> therein, is guilty of a misdemeanor and may be liable civilly in accordance with <br /> subdivision (b). <br /> (b)(1) Civil liability may be administratively imposed by a regional board in accordance <br /> with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of <br /> subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for <br /> each day in which the violation occurs. <br /> Failure to submit the required reports to the Central Valley Water Board according to <br /> the schedule detailed herein may result in enforcement action(s) being taken against <br /> you, which may include the imposition of administrative civil liability pursuant to CWC <br /> section--13268. Administrative civil liability of up to $1,000 per violation pea-.day may be <br /> imposed for non-compliance with the directives contained herein. <br /> REQUIRED ACTIONS <br /> IT IS HEREBY ORDERED that, pursuant to California Water Code section 13267, <br /> BP America shall: <br />