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CLEANUP AND ABATEMENT OR--X NO.R5-2011- -3- <br /> VALLEY PACIFIC SERVICES INC. <br /> 930 VICTOR ROAD, LODI, SAN JOAQUIN COUNTY <br /> II. Legal Authority to Require Cleanup Activities/Corrective Actions: These laws and <br /> regulations describe the actions that may be required of persons named in Cleanup <br /> and Abatement Orders. <br /> 1. General Cleanup Activities <br /> i. Section 13304(a) of the California Water Code states, in relevant part, that: <br /> [Responsible parties] shall upon order of the regional board clean up the waste <br /> or abate the effects of the waste, or, in the case of threatened pollution or <br /> nuisance, take other necessary remedial action, including but not limited to, <br /> overseeing cleanup and abatement efforts. <br /> ii. Section 25296.10(a) of the Health and Safety Code provides that: <br /> Each owner, operator, or other responsible'party shall take corrective action in <br /> response to an unauthorized release it compliance with this chapter and the <br /> regulations adopted pursuant to Section 25299.3.: ' <br /> 2. Replacement Water: The Central Valley Water Board may require""' <br /> responsible parties to provide replacement water to others who have had their <br /> water supplies affected by,pollutants. <br /> i. Section 13304(a) of the,California Water Cade states, in relevant part, that: <br /> A cleanup and abatement'order issued.by the state;board or a regional board <br /> may require the provision of or payment'for;luninterrupted replacement water <br /> service which may include wellhead treatment, toeach affected public water <br /> supplier or private well owner ���/�„j <br /> ii. Secti0613304(f) of the Californi6Aater Code states that: <br /> Replacement water:provided pursuant to subdivision (a) shall meet all applicable <br /> federal, state and local drinking waterstandards and shall have comparable <br /> quality to that pumped by the public water system or private well owner prior to <br /> the discharge of waste. <br /> III. Legal Authority for Cost Reimbursement: The Central Valley Water Board has the <br /> legal right to require responsible parties to pay for cleanup actions undertaken by the <br /> state and to require payment of oversight costs pursuant to California Water Code <br /> section 1�3304(c)(1), which states that: <br /> If waste is cleaned up`or the effects of the waste are abated, or, in the case of <br /> threatened pollution or nuisance, other necessary remedial action is taken by any <br /> government`agency, the person or persons who discharged the waste, discharges the <br /> waste, or 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 /> IV. Legal Authority to Require the Submittal of Technical Reports: The Central Valley <br /> Water Board has broad authority to require responsible parties to submit technical <br />