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C Best available technologies are not technically or economically feasible to achieve further significant reductions in pollutant concentrations; and d. The remaining human health,water quality,and environmental risks posed by residual soil and groundwater pollution will be contained and managed by an acceptable plan The plan includes a risk assessment, deed restriction, a contingency plan, and regular groundwater monitoring. 29. Based on the above two findings and in consideration of the reasonable protection of beneficial uses and maximum benefit to the people of the State pursuant to State Board Resolution 68-16, a limited non-attainment area is appropriate on the 3100 Jay Street site. Within this area, pollutant concentrations may exceed relevant water quality objectives. 30. The proposed remediation plan is basically acceptable but does not contain all elements needed to qualify for a non-attainment area. The proposed plan is acceptable with the following changes and additions- a Quarterly monitoring and reporting will be required for two years after this drder is adopted with reduced frequency thereafter (if warranted). The dischargers may request and the Executive Officer may approve reductions of monitoring and reporting sooner than two years with submittal of-satisfactory evidence of a stable groundwater plume configuration. b. A contingency plan will be prepared to trigger additional corrective action if certain criteria are met. The contingency plan is considered to be a self-regulating mechanism to assure that compliance with the Order is met at all times. i c. The NPDES permit for this Site, or a substitute acceptable to the Executive Officer, will be maintained as part of an approved contingency pian d. Remaining risk will be managed by requiring the maintenance of a viable contingency plan, implementation of acceptable deed restrictions, and containment of polluted groundwater within boundry wells. r ti STATE BOARD RESOLUTIONS 31. State Board Resolution 68-16 On October 28, 1968, the State Board adopted Resolution No 68-16, "Statement of Policy with Respect to Maintaining High Quality Waters in California" This policy calls for maintaining the existing high quality of State waters unless it is demonstrated that any change would be consistent with the maximum public benefit and not unreasonably affected beneficial uses This is based on a Legislative finding, contained in section 13000, California Water Code, which states in part that It is State policrthat "waters of the State shall be regulated to attain the highest water quality which is reasona;le" The cleanup standards and non-attainment area established by this Order are consistent with thts polls-y r 7