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CLEANUP AND ABATEMENT ORDER NO. 93-712 5_ <br /> NESTLE BEVERAGE COMPANY <br /> SAN JOAQUIN COUNTY <br /> nuisance, shall upon order of the regional board, cleanup the waste or abate the effects <br /> of the waste, or, in the case of threatened pollution or nuisance, take other necessary <br /> remedial action including, but not limited to, overseeing cleanup and abatement efforts." <br /> 27. Cleanup standards shall be consistent with Title 23, Chapter 15, Article 5, Sections 2550.4 <br /> (c) and (e) of the California Code of Regulations (CCR) and Resolution No. 68-16 (Anti- <br /> degradation Policy). In summary, Chapter 15 and Resolution No. 68-16 require that <br /> dischargers cleanup and abate the effects of discharges in a manner that promotes <br /> attainment of background water quality, or the highest water quality which is reasonable <br /> if background levels of water quality cannot be restored, considering all demands being <br /> made and to be made on those waters and the total values involved, beneficial and <br /> detrimental, economic and social, tangible and intangible. Any alternative cleanup levels <br /> less stringent than background shall: <br /> a. be consistent with maximum benefit to the people of the state; <br /> b. not unreasonably affect present and anticipated beneficial use of such water; and <br /> c. not result in water quality less than that prescribed in the Water Quality Control Plans <br /> and Policies adopted by the State and Regional Water Boards. <br /> 28. Best practicable treatment or control with existing treatment technology, primarily using <br /> air stripping and/or activated carbon, is capable of dependably removing VOCs found in <br /> extracted ground waters to concentrations which are generally non-detectable by current <br /> analytical methods. The commonly achieved detection levels, by the USEPA for TCE is <br /> 0.5 µg/1 using Method 601. <br /> 29. Issuance of this Order is an enforcement action taken by a regulatory agency and is <br /> exempt from the provisions of the California Environmental Quality Act (Public Resources <br /> Code Section 21100, et seq.), pursuant to Section 15321(a)(2), Title 14, of the California <br /> Code of Regulations. <br /> 30. Any person adversely affected by this action of the Board may petition the State Water <br /> Resources Control Board to review the action. The petition must be received by the State <br /> Board within 30 days of the date of which the Board took action. Copies of the law and <br /> regulations applicable to filing petitions will be provided upon request. <br /> IT IS HEREBY ORDERED that, pursuant to Sections 13267 and 13304 of the California Water <br /> Code, that Nestle Beverage Company shall forthwith Cleanup and Abate the pollution and <br /> threatened pollution by taking all necessary actions no later than the dates specified below: <br /> Forthwith means consistent with the policies and principles of Section 13307(d) of the California <br />