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• CLEANUP AND ABATEMENT ORDER NO. 93-XXX - 2 GEWEKE LAND DEVELOPMENT AND MARKETING SAN JOAQUIN COUNTY 7. An incomplete "Final Remedial Action Work Plan" was submitted 2 January 1992. Additional information, submitted 19 June 1992, did not complete the FRP. Soil contamination has not been defined and soil and ground water remedial actions have not been implemented. The original FRP due date was 29 June 1990 and remediation was to begin 24 August 1990. 8. The Dischargers caused or permitted waste to be discharged into ground water where it created a condition of pollution. 9. The Dischargers were aware of the operation of underground tanks at the D site, and knew or should have known of the hazardous character of petroleum hydrocarbons. The Dischargers have sufficient control of the property to abate the discharge. 10. The site overlies ground water of the San Joaquin Hydrologic Basin, North O Valley Floor Hydrologic Unit, Lower Mokelumne Hydrologic Area. Present and potential beneficial uses of ground water downgradient of the site are municipal -and domestic, irrigation, stock watering, industrial process, and industrial service supplies, 11 . Section 13267(b) of the California Water Code provides that: Q "In conducting an investigation specified in subdivision (a), the regional board may require that any person discharging or proposing to discharge waste within its region or any citizen or domiciliary, or political agency or entity of this state discharging or proposing to discharge waste outside of its region that could affect the quality of waters within its region shall furnish under penalty of perjury, those technical or monitoring program reports as the board may specify. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports." 12. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into the waters of this state in violation of any waste discharge requirement or other order or prohibition issued by a regional board or the State Board, or who has caused or permitted,. causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, .discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order or the regional board clean up such waste or abate the effects thereof or, in the case of threatened pollution or nuisance, take other necessary remedial action." 13. Issuing this enforcement action is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) , in accordance with Section 15321(a) (2) , Title 14, of the California Code of Regulations. 14. Any person affected adversely by this action may petition the State Water Resources Control Board (State Board) to review the action. The petition must be received by the State Board within 30 days of the date on which the action was taken. Copies of the law and regulations applicable to . filing petitions will be provided on request.