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REVISED MONITORING AND REPORTING PROGRAM NO. R5-2008-0148 -2' LAWRENCE LIVERMORE NATIONAL SECURITY, LLC AND THE U.S. DEPARTMENT OF ENERGY FOR LAWRENCE LIVERMORE NATIONAL LABORATORY SITE 300 SAN JOAQUIN AND ALAMEDA COUNTIES Prior to construction of any new groundwater monitoring wells, the Discharger shall submit plans and specifications to the Regional Water Quality Control Board, Central Valley Region (hereafter Central Valley Water Board) for review and approval. Once installed, all new wells shall be added to the monitoring program described below for the area in which they were installed. LEGAL PROVISIONS 1. CWC section 13267 states, in part: (b)(1) In conducting an investigation . . ., the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or, discharging, or who proposes to discharge waste within its region . . . shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. 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. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports. The reports required herein are necessary for the reasons described in this Order, to assure protection of waters of the state, and to protect public health and the environment. 2. CWC section 13268 states, in part: (a)(1) Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267...or falsifying any information provided therein, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). (b)(1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for each day in which the violation occurs. Pursuant to 33 U.S.C. § 1323 and U.S. Dept. of Energy v. Ohio', the federal government, including the U.S. Department of Energy, has waived sovereign immunity with respect to all Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution, but has not waived sovereign immunity with respect to punitive fines. However, civil penalties arising under federal law or imposed by state court to enforce its order of process may be levied against the federal government. Therefore, to the extent that provisions of the CWC, including section 13268, are interpreted as punitive 112 S.Ct. 1627, 503 U.S. 607. 1 1 8 L.Ed.2d 255, on remand 965 r.2d 1401.