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CLEANUP AND ABATEMENT ORDER NO. R5-2010-XXXX,ATTACHMENT A -3- BUSTEZ ENTERPRISES,INC. H&H MARINA PROPERTIES,LLC,AND HERMAN&HELEN'S MARINA, INC H&H MARINA,15135 EIGHT MILE ROAD,STOCKTON, SAN JOAQUIN COUNTY The following chemicals are found listed in Appendix X: Benzene, Ethylbenzene, Toluene, and Xylene. II. Legal Authority to Require Cleanup Activities/Corrective Actions: These laws and regulations describe the actions that may be required of persons named in Cleanup and Abatement Orders. 1. General Cleanup Activities a. CWC section 13304(a) states, in relevant part, that: [Responsible parties] shall upon order of the regional board clean up the waste or abate the effects of the waste or, in the case of threatened pollution or nuisance, take other necessary remedial action including but not limited to, overseeing cleanup and abatement efforts. b. H&SC section 25296.10(a) provides that: Each owner, operator, or other responsible party shall take corrective action in response to an unauthorized release in compliance with this chapter and the regulations adopted pursuant to Section 25299.3. 2. Replacement Water: The Central Valley Water Board may require responsible parties to provide replacement water to others who have had their water supplies affected by pollutants. a. CWC section 13304(a) states, in relevant part, that: A cleanup and abatement order issued by the state board or a regional board may require the provision of, or payment for, uninterrupted replacement water service, which may include wellhead treatment to each affected public water supplier or private well:owner. b. CWC section 13304(f) states that: Replacement water provided pursuant to subdivision (a) shall meet all applicable federal, state and local drinking water standards and shall have comparable quality to that pumped by the public water system or private well owner prior to the discharge of waste. III. Legal Authority for Cost Reimbursement: The Central Valley Water Board has the legal right to require responsible parties to pay for cleanup actions undertaken by the state and to require payment of oversight costs pursuant to CWC section 13304(c)(1), which states that: If waste is cleaned up or the effects of the waste are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by any government agency, the person or persons who discharged the waste, discharges the waste, or threatened to cause or permit the discharge of the waste within the meaning of subdivision (a), are liable to that government agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects of the waste, supervisingcleanup or abatement activities, or taking other remedial actions. IV. Legal Authority to Require the Submittal of Technical Reports: The Central Valley Water Board has broad authority to require responsible parties to submit technical