SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT ORDER NO. R5-2006-0720 NESTLIk USA,INC. RIPON,SAN JOAQUIN COUNTY 28. Section 13267(b)(1) of the California Water Code provides that: "In conducting an investigation specified in subdivision(a), 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, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge,waste outside of its region that could affect the quality of waters 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." 29. Section 13304(c)(1) of the California Water Code provides that: . . 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, supervising cleanup or abatement activities, or taking other remedial actions. . ." 30. The State Water Resources Control Board(hereafter State Board) has adopted Resolution No. 92-49, the Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304. This Policy sets forth the policies and procedures to be used during an investigation or cleanup of a polluted site and requires that cleanup levels be consistent with State Board Resolution 68-16,the Statement of Policy With Respect to Maintaining High Quality of Waters in California. Resolution 92-49 and the Basin Plan establish the cleanup levels to be achieved. Resolution 92-49 requires the waste to be cleaned up to background,or if that is not reasonable,to an alternative level that is the most stringent level that is economically and technologically feasible in accordance with Title 23, California Code of Regulations (CCR) Section 2550.4. Any alternative cleanup level to background must(1) be consistent with the maximum benefit to the people of the state; (2)not unreasonably affect present and anticipated beneficial use of such water;and(3) not result in water quality less than that prescribed in the Basin Plan and applicable Water Quality Control Plans and Policies of the State Board. 31. Chapter IV of the Basin Plan contains the Policy for Investigation and Cleanup of Contaminated Sites,which describes the Water Board's strategy for managing contaminated sites.This strategy is based on Water Code Sections 13000 and 13304, the Title 27, Division 2, Subdivision 1 regulations, and State Water Board Resolution Nos. 68-16 and 92-49.The strategy includes site investigation, source removal or containment, information required to be submitted for consideration in establishing cleanup levels, and the bases for establishment of soil and groundwater cleanup levels. 32.The State Board adopted the Water Quality Enforcement Policy, which states in part: "At a minimum, cleanup levels must be sufficiently stringent to fully support beneficial uses, unless the RWQCB allows a containment zone. In the interim, and if restoration of background water quality 8