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CLEANUP AND ABATEMENT ORDL O. R5-2011- -8- <br /> VALLEY PACIFIC PETROLEUM SERVICES INC. <br /> 930 VICTOR ROAD, LODI, SAN JOAQUIN COUNTY <br /> reasonable if background levels of water quality cannot be restored. Any alternative <br /> cleanup level to background must: (1) be consistent with the maximum benefit to the <br /> people of the state, (2) not unreasonably affect present and anticipated beneficial use of <br /> such water; and (3) not result in water quality less than that prescribed in the Basin Plan <br /> and applicable Water Quality Control Plans and Policies of the State Water Board. <br /> Resolution 92-49 directs that investigation proceed in a progressive sequence. To the <br /> extent practical, it directs the Central Valley Water Board to require and review for <br /> adequacy written work plans for each element and phase, and the written reports that <br /> describe the results of each phase of the investigation and cleanup. <br /> DISCHARGERS LIABILITY <br /> 35. As described in Findings 1 through 25 and 33, the Disc hargers';are subject to an order <br /> pursuant to California Water Code section 1 3304because the Dischargers have caused <br /> or permitted waste to be discharged or deposited where it has discharged to waters of <br /> the state and has created, and continues to threaten to create, a condition of pollution or <br /> nuisance. The condition of pollution is a priority violation and issuance or;adoption of a <br /> cleanup and abatement order pursuant to California Water Code section 13304 is <br /> appropriate and consistent with policies of the!Central Va11ey Water Board. <br /> 36. This Order requires investigation and cleanup of the:Site in compliance with the <br /> California Water Code, the applicable Basin Plan, State Water Resources Control Board <br /> (State Water Board) Resolution No 92 49 and other applicable Central Valley Water <br /> 7.Board plans, policies, and regulatio °i%/�iy� <br /> n,/ <br /> 'ale A <br /> 37. As described in Findings through 2 Via; ? 3; the Dischargers are subject to an order <br /> pursuant to Water Code section 13267 submit technical reports because existing data <br /> and information about the Site indicate that;,waste has been discharged, is being <br /> discharged, or is suspected of.discharging,at the property, which is or was owned <br /> and/or operated by the Dischargers named'in this Order. The cost to prepare the <br /> reports,required herein is reasonable considering the Board's need for the reports, as <br /> the Board is requiring the submittal of the reports to assure the adequate investigation <br /> and clean up the Site to protect the beneficial uses of waters of the state, to protect <br /> .'against nuisance,-and to protect human health and the environment. <br /> 38. The issuance of this Order is an enforcement action taken by a regulatory agency and is <br /> exempt from the provisions of the California Environmental Quality Act (CEQA) (Pub. <br /> Resources:Code, § 21000 et seq.), pursuant to California Code of Regulations, title 14, <br /> section 15321(a)(2) <br /> REQUIRED ACTIONS <br /> IT IS HEREBY ORDERED that, pursuant to California Water Code sections 13304 and <br /> 13267, and Health and Safety Code section 25296.10, Valley Pacific Petroleum Services, Inc., <br /> Roberts Petroleum Services, Woolsey Oil Company, Mr. Bruce Woolsey, Virginia and <br /> William Roberts Trust, William and Virginia Roberts, and French Camp, LLC., shall: <br /> 1. Investigate the discharges of waste, clean up the waste, and abate the effects of the <br /> waste, forthwith, resulting from activities at 930 Victor Road, San Joaquin County, in <br />