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CLEANUP AND ABATEMENT ORDER NO. 93-712 -4- <br /> NESTLE BEVERAGE COMPANY <br /> SAN JOAQUIN COUNTY <br /> cis- 1,2-dichloroethylene (DCE) 6 1Ag/1 <br /> trans- 1,2-dichloroethylene 10 µg/l <br /> trichloroethylene 5 µg/1 <br /> vinyl chloride 0.5 µg/l <br /> 23. The U. S. Environmental Protection Agency (USEPA) in the Health or Water Qualities <br /> Advisories has published the one-in-a-million cancer risk level estimates for the following <br /> constituents found at the Discharger's site in µg/1: <br /> 1,2-DCA 0.4 µg/l <br /> TCE 3.0 µg/1 <br /> vinyl chloride 0.015 µg/l <br /> 24. The Discharger caused or permitted solvents, including TCE, to be spilled on the ground. <br /> The Discharger caused or permitted waste to be discharged to ground water which created <br /> a condition of pollution or nuisance. <br /> 25. Water quality criteria exist to ensure protection of the beneficial uses of water. The <br /> highest beneficial use to be protected at or near this site is municipal water supply. The <br /> City of Ripon operates several municipal supply wells within a mile of the site. However, <br /> other beneficial uses of water exist, and the most stringent criteria for protection of all <br /> beneficial uses is selected as the protective water quality criteria. Alternative cleanup and <br /> abatement actions need to be considered that evaluate the feasibility of, at a minimum: <br /> a. cleanup to background levels (i.e., non-detect for VOCs), <br /> b. cleanup to levels attainable through application of best practicable treatment or <br /> control, and <br /> c. cleanup to protective water quality criteria levels. <br /> 26. Section 13304(a) of the California Water Code provides in part that, "any person who has <br /> discharged or discharges waste into the waters of this state in violation of any waste <br /> discharge requirement or other order or prohibition issued by a regional board or the state <br /> board, or who has caused or permitted, causes or permits, or threatens to cause or permit <br /> any waste to be discharged or deposited where it is, or probably will be, discharged into <br /> the waters of the state and creates, or threatens to create, a condition of pollution or <br />