SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT ORDER NO. R5-2007-0709 -10- J GILBERT MOORE, EILEEN A. MOORE,AND NEW WEST PETROLEUM, INC. NEW WEST PETROLEUM#10031FLAG CITY SHELL LODI. SAN JOAQUIN COUNTY 37.This Order requires investigation and cleanup of the site in compliance with the Water Code, the applicable Basin Plan, Resolution 92-49, and other applicable plans, policies, and regulations. 38.As described in Finding 26, the Dischargers are subject to an order pursuant to Water Code section 13267 to submit technical reports because existing data and information about the site indicate that waste has been discharged, is discharging, or is suspected of discharging, at the property, which is or was owned and/or operated by the Dischargers named in this Order. The technical reports required by this Order are necessary to assure compliance with Section 13304 of the California Water Code, including to adequately investigate and cleanup the site to protect the beneficial uses of waters of the state, to protect against nuisance, and to protect human health and the environment. 39.If the Dischargers fail to comply with this Order, the Executive Officer may request the Attorney General to petition the superior court for the issuance of an injunction. 40.If the Dischargers violate this Order, the Discharger may be liable civilly in a monetary amount provided by the Water Code. 41.The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, Section 21000, et seq.), pursuant to Title 14 CCR Section 15321(a)(2). The implementation of this Order is also an action to assure the restoration of the environment and is exempt from the provisions of the California Environmental Quality Act (Public Resources Code, Section 21000, et seq.), in accordance with Title 14 CCR, Sections 15308 and 15330. 42.Any person affected by this action of the Central Valley Water Board may petition the State Water Board to review the action in accordance with Title 23 CCR Sections 2050-2068. The regulations may be provided upon request and are available at www.swrcb.ca.gov. The State Board must receive the petition within 30 days of the date of this Order. REQUIRED ACTIONS IT IS HEREBY ORDERED that, pursuant to California Water Code Section 13000, Section 13304 and Section 13267, Dischargers shall: 1. Investigate the discharges of waste, clean up the waste, and abate the effects of the waste, forthwith, resulting from activities at the New West Petroleum #1003/Flag City Shell, 6437 Banner Street, Lodi, San Joaquin County in conformance with State Board Resolution No. 92-49 Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304 and with the Water Board's Water Quality Control Plan for the Sacramento River and San Joaquin River