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MONITORING AND REPORTING PROGRAM ORDER NO. R5-2011-XXX 2 <br /> ' FERNANDO'S-STOCKTON <br /> SAN JOAQUIN COUNTY <br /> ' The Discharger proposes to conduct an in-situ chemical oxidation pilot study (using ozone <br /> [031) to be followed by full-scale implementation of this remedial alternative, depending <br /> upon the success of the pilot study, for remediating the residual fuel hydrocarbon and <br /> ' oxygenate impact to soil and groundwater. The Discharger proposes to inject 03 into eight <br /> single-completion injection wells at two separate depth intervals (as shown on the attached <br /> Figure 2A). During the proposed remediation, the Discharger will perform applicable <br /> ' monitoring, sampling and reporting. Pilot test and sampling results will be evaluated by <br /> San Joaquin County RWQCB staff. Adequate fail-safe alternates (stop injection and <br /> monitor as aquifer conditions return to baseline) are contained within the Discharger's <br /> ' proposal (ISCO Pilot Study Work Plan, dated 17 April 2012) should adverse water quality <br /> conditions occur due to the injection of oxidants. <br /> ' LEGAL REQUIREMENTS <br /> 4. CWC section 13267 states, in relevant part: <br /> ' (a) A regional board ... in connection with any action relating to any plan or requirement <br /> authorized by this division, may investigate the quality of any waters of the state within its <br /> region. <br /> ' (b)(1) In conducting an investigation specified in subdivision (a), the regional board may require <br /> that any person who has discharged, discharges, or is suspected of having discharged or <br /> ' discharging, or who proposes to discharge waste within its region ... shall furnish, under penalty <br /> of 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 for the <br /> ' report and the benefits to be obtained from the reports. In requiring those reports, the regional <br /> board shall provide the person with a written explanation with regard to the need for the reports, <br /> and shall identify the evidence that supports requiring that person to provide the reports. <br /> ' The Discharger has submitted a Notice of Intent (NOI) to the Board indicating that they are <br /> responsible for the project subject to Order R5-2008-0149. The reports required herein are <br /> necessary to ensure compliance with Order R5-2008-0149. <br /> ' 5. CWC section 13268 states, in relevant part: <br /> ' (a)(1) Any person failing or refusing to furnish technical or monitoring program reports ... or <br /> falsifying any information provided therein, is guilty of a misdemeanor, and may be liable civilly <br /> in accordance with subdivision (b). <br /> ' (b)(1) Civil liability may be administratively imposed by a regional board in accordance with <br /> Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an <br /> ' amount which shall not exceed one thousand dollars ($1,000) for each day in which the violation <br /> occurs. <br /> ' (c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and <br /> Safety Code, who knowingly fails or refuses to furnish technical or monitoring program reports <br /> ' as required by subdivision (b) of Section 13267, or who knowingly falsifies any information <br /> 1 <br />