SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT ORDER NO.R5-2006-0720 NESTLE USA, INC. RIPON,SAN JOAQUIN COUNTY These numeric limits are not the final groundwater cleanup objectives for remediation of the TCE plume. The final groundwater cleanup objectives will be selected in the Remedial Action Plan/Record of Decision (RAP/ROD). DISCHARGER LIABILITY 36. The Discharger is subject to an order pursuant to Water Code section 13304 because the Discharger has 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 or abatement order pursuant to Water Code Section 13304 is appropriate and consistent with policies of the Water Board. 37. This Order requires investigation and cleanup of the site in compliance with the Water Code,the applicable Basin Plan, Resolution 92-49, and other applicable plans, policies, and regulations. As described in Finding 26, the Discharger is subject to an order pursuant to Water Code section 13267 to submit technical reports because existing data and information about the site indicate that waste has been discharged, is discharging, or is suspected of discharging, at the property, which is or was owned and/or operated by the Discharger named in this Order.The technical reports required by this Order are necessary to assure compliance with Section 13304 of the California Water Code, including to adequately investigate and cleanup the site to protect the beneficial uses of waters of the state,to protect against nuisance, and to protect human health and the environment. 38. If the Discharger fails to comply with this Order, the Executive Officer may request the Attorney General to petition the superior court for the issuance of an injunction. 39. If the Discharger violates this Order, then the Discharger may be liable civilly in a monetary amount provided by the California Water Code. 40. 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(Public Resources Code, Section 21000, et seq.), pursuant to Title 14 CCR Section 15321(a)(2). The implementation of this Order is also an action to assure the restoration of the environment and is exempt from the provisions of the California Environmental Quality Act(Public Resources Code, Section 21000, et seq.), in accordance with Title 14 CCR, Sections 15308 and 15330. 41. Any person affected by this action of the Regional Board may petition the State Board to review the action in accordance with Title 23 CCR Sections 2050-2068. The regulations may be provided upon request and are available at www.swreb.ca.gov. The State Board must receive the petition within 30 days of the date of this Order. 10