SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

CLEANUP AND ABATEMENT ORDER R5O-XXXX • -5- BUSTEZ ENTERPRISES,INC. H&H MARINA PROPERTIES,LLC,AND HERMAN AND HELEN'S MARINA, INC H&H MARINA,15135 EIGHT MILE ROAD,STOCKTON, SAN JOAQUIN COUNTY AUTHORITY — LEGAL REQUIREMENTS 25.The Central Valley Water Board derives its authority to issue and enforce the legal requirements of this Order from California Law, Regulations, Policies, and Plans included in Attachment A, which is attached hereto and made part of this Order. 26.The constituents listed in Finding No. 19 are wastes as defined in CWC section 13050(d). The groundwater exceeds the WQOs for TPHg, MTBE and TBA. The exceeding of applicable WQOs in the Basin Plan constitutes pollution as defined in CWC section 13050(1)(1). DISCHARGER LIABILITY 27.As described in Findings 1 through 19, the Dischargers are subject to an order pursuant to California Water Code section 13304 because the Dischargers have caused or permitted waste to be discharged or deposited where it has discharged to waters of the state and has created, and continues to threaten to create,-a"condition of pollution or nuisance. The condition of pollution is a priority violation and issuance or adoption of a cleanup and abatement order pursuant to CWC section 13304 and Health and Safety Code section 25296.10 is appropriate and consistent with policies of the Central Valley Water Board. 28.This Order requires investigation and cleanup of the Site in compliance with the California Water Code, the applicable Basin Plan, State Water Board Resolution No. 92-49, and other applicable Central'Valley Water Board plans, policies, and regulations. 29.As described in Findings 1 through 19, the Dischargers are subject to an order pursuant to CWC section 13267 because existing data and information about the site indicate that waste has been discharged; is discharging, or suspected of discharging, at the property, which is or was owned and/or operated by the Dischargers named in this Order. The technical 'reports;required by this Order are necessary to assure compliance with CWC section 13304 and Health and Safety Code section 25296.10, including to adequately investigate and clean up the site to protect the beneficial uses of waters of the state, to protect against nuisance, and to protect human health and the environment. 30.The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act (CEQA) (Pub. Resources Code, section 21000 et seq.), pursuant to California Code of Regulations, title 14, section 15321(a)(2). The implementation of this Order is also an action to assure the restoration of natural resources and/or the environment and is exempt from the provisions of the CEQA, in accordance with California Code of Regulations, title 14 sections 15307 and 15308.