SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT ORDER NO. R5-2006-0720 NESTLE USA, INC. RIPON, SAN JOAQUIN COUNTY REQUIRED ACTIONS IT IS HEREBY ORDERED that, pursuant to California Water Code Section 13304 and Section 13267,Nestle USA, Inc., shall: 1. Investigate the discharges of waste, clean up the waste, and abate the effects of the waste, forthwith, resulting from activities at the former Facility, in conformance with State Board Resolution No. 92-49 Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304 and with the Regional Board's Water Quality Control Plan for the Sacramento River and San Joaquin River Basins(in particular the Policies and Plans listed within the Control Action Considerations portion of Chapter IV). "Forthwith" means as soon as is reasonably possible. Compliance with this requirement shall include, but not be limited to, completing the tasks listed below. Water Supply Replacement 2. By 31 August 2006, submit a Draft Contingency Plan to provide an in-kind replacement of water supply for all private and municipal water supply wells threatened or already impacted by pollution originating from the Discharger's former facility. The Draft Contingency Plan shall identify options for replacement, specific actions for implementation, and a time schedule. The Draft Contingency Plan must also include any agreements between the Discharger and the City of Ripon regarding current and future operation of the municipal supply wells that are already impacted or threatened by the Discharger's plume. The replacement contingencies for municipal wells must comply with the Department of Health Services requirements. Within 30 days of receipt of Regional Board staff comments on the Draft Contingency Plan, submit the Final Contingency Plan. 3. By 2 November 2006, the Discharger shall provide in-kind replacement water to Caltrans for their impacted irrigation well along Parallel Avenue. 4. By 30 November 2006, the Discharger shall provide in-kind replacement water supply wells for impacted private supply wells located at 7501 Kiernan Road and 5725 Hall Road in Modesto, California. Site Assessment 5. By 15 September 2006, submit a Draft Updated Site Conceptual Model Report for Regional Board staff review that contains a thorough analysis of the hydrogeologic/hydrochemical data collected since discovery of the trichloroethene (TCE) release, including the 2005 investigation on the south side of the Stanislaus River. The Draft Report shall contain updated cross sections spanning the entire plume as well as a detailed summary of the TCE sources and known and suspected TCE migration pathways in the vadose zone and groundwater. The Draft Report shall also identify any data gaps or significant uncertainties in the updated site conceptual model and provide 11