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CLEANUP AND ABATEMENT ORDE, .O. R5-2011 -6-
<br /> VALLEY PACIFIC PETROLEUM SERVICES INC.
<br /> 930 VICTOR ROAD, LODI. SAN JOAQUIN COUNTY
<br /> discharged into the waters of the state and creates, or threatens to create, a condition
<br /> of pollution or nuisance, shall upon order of the regional board clean up the waste or
<br /> abate the effects of the waste, or, in the case of threatened pollution or nuisance, take
<br /> other necessary remedial action, including but not limited to, overseeing cleanup and
<br /> abatement efforts.
<br /> 28. Water Code section 13267(b)(1) states that:
<br /> In conducting an investigation specified in subdivision (a), the regional board may
<br /> require that any person who has discharged, discharges, or is suspected of having
<br /> discharged or discharging, or who proposes to discharge waste=within its region ....
<br /> shall furnish, under penalty of perjury, technical or monitoringprogram reports which
<br /> the regional board requires. The burden, including costs;,of'6hise,reports shall bear a
<br /> reasonable relationship to the need for the report and the benefits'to be obtained from
<br /> the reports. In requiring those reports, the regional board shall provide,,the person with
<br /> a written explanation with regard to the need for the reports, and shall identify the
<br /> evidence that supports requiring that person to provide the reports.
<br /> 29. Water Code section 13304(c)(1) states that ROj,
<br /> ...the person or persons who discharged the w".,,discharges the waste, or
<br /> threatened to cause or permit the discharge of the waste within the meaning of
<br /> subdivision (a), are liable to that government agency to the extent of the reasonable
<br /> costs actually incurred in cleaning up the,waste, abating the effects of the waste,
<br /> supervising cleanup or abatement activities;-or taking other remedial actions...
<br /> 30. The Water Quality Control Plan for the.Sacramento River and San Joaquin River
<br /> Basins, Fourth Edltt!on, revised September,2009 (the"Basin Plan"), designates
<br /> beneficial uses of he watersof the State`and establishes water quality objectives
<br /> ("WQOs") to protect those areas. Present and potential future beneficial uses of the
<br /> groundwater beniI eath the Site.'tnclude municipal and domestic supply ("MUN"),
<br /> agricultural supply ("AGR"), industrial servlce.supply ("IND"), and industrial process
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<br /> 31. Th*Basin Plan,contatns a narrative WQO for chemical constituents which requires, in
<br /> part, that groundwater not contain chemical constituents in concentrations that adversely
<br /> affect any beneficial use. For groundwaters that are designated MUN, the Basin Plan
<br /> incorporates by reference drinking water maximum contaminant levels ("MCLs")
<br /> promulgated in the California Code of Regulations, title 22, chapter 15 ("Title 22"). The
<br /> Basin Plan`also contains narrative WQOs that apply to groundwater for tastes and odors
<br /> and for toxicity. The taste and odor WQO requires, in part, that groundwater not contain
<br /> substances in concentrations that cause nuisance, adversely affect beneficial uses, or
<br /> impart undesirable'tastes and odors to municipal and domestic water supplies. The
<br /> toxicity WQO requires, in part, that groundwater be maintained free of toxic substances
<br /> in concentrations that produce detrimental physiological responses in humans.
<br /> 32. Chapter IV of the Basin Plan contains the Policy for Application of Water Quality
<br /> Objectives, ("WQO Policy") which provides that "[w]here compliance with narrative
<br /> objectives is required (i.e., where the objectives are applicable to protect specified
<br /> beneficial uses), the Central Valley Water Board will, on a case-by-case basis, adopt
<br /> numerical limitations in orders which will implement the narrative objectives."
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