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CLEANUP AND ABATEMENT ORL NO.R5-2011- -2- <br /> VALLEY PACIFIC SERVICES INC. <br /> 930 VICTOR ROAD, LODI, SAN JOAQUIN COUNTY <br /> ... sewage and any and all other waste substances, liquid, solid, gaseous, or <br /> radioactive, associated with human habitation, or of human or animal origin, or <br /> from any producing, manufacturing, or processing operation, including waste <br /> placed within containers of whatever nature prior to, and for purposes of, <br /> disposal. <br /> 3. Sections 13050(1) and 13050(m) define "pollution" and "nuisance," <br /> respectively, as follows: <br /> (1) "Pollution" means an alteration of the quality of the;waters of the state by <br /> waste to a degree which unreasonably affects either of the following: <br /> (A) The waters for beneficial uses. <br /> (B) Facilities which serve these beneficial uses. <br /> (2) "Pollution" may include "contamination <br /> "Nuisance" means anything which meets all of the following requirements: <br /> (1) Is injurious to health, or is Indecent or offensive to the senses, or an <br /> obstruction to the free use of,property, so as to interfere with the comfortable <br /> enjoyment of life or property. <br /> (2) Affects at the same time an entire community or neighborhood, or any <br /> considerable number of persons, although the extent of the annoyance or <br /> damage inflicted upon individuals may be-'unequal. <br /> r ii 'r <br /> (3) Occurs during, orasa result of, the treatment or disposal of wastes. <br /> is <br /> 4. California Code of Regulations, tltle�23;;sectlon 2720, defines who is a <br /> "responsible party"' for the purposes of eaning up contamination resulting <br /> cl <br /> from a leaking underground storageAank. This/section states, in relevant part: <br /> "Responsible party'.i,means one,or more of the following: <br /> (1)Any person who:owns or operates an underground storage tank used for the <br /> storage of any hazardous substance;;, <br /> (2) In the case of any undergrq,und storage tank no longer in use, any person <br /> who owned or operated the underground storage tank immediately before the <br /> A <br /> discontinuation of its use; <br /> (3) Any owner of property where an unauthorized release of a hazardous <br /> i ; substance from an underground storage tank has occurred; and <br /> (4) Any person who hador has control over a underground storage tank at the <br /> time of or following an unauthorized release of a hazardous substance. <br /> alifornia Codeof Regulations, title 23, section 2720, specifies that <br /> Responsible Parties shall comply with all California Water Code provisions <br /> andany Orders issued by a regional water board when an unauthorized <br /> release.from''an underground storage tank has occurred. <br /> 1 For the purposes of a cleanup at a site contaminated by a leaking underground storage tank, <br /> Responsible Parties may also be referred to as Dischargers. <br />