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• 3 <br /> L <br /> TECHNICAL REPORTING �'' NO. R5-2011-0800 <br /> VALLEY PACIFIC PETRO , ZRVICES, INC. <br /> 23100 SOUTH KASSON ROAD, BANTA, SAN JOAQUIN COUNTY <br /> documenting that soil and/or groundwater at the Site has not been affected by the <br /> spills or other operations at the Site. The Discharger has not submitted the <br /> requested Work Plan. <br /> DISCHARGER LIABILITY <br /> g. Water Code section 13267 states, in relevant part: <br /> (b)(1) In conducting an investigation . . ., the regional board may require that any person <br /> who has discharged, discharges, or is suspected of having discharged or, discharging, <br /> or who proposes to discharge waste within its region . . . shall furnish, under penalty of <br /> perjury, technical or monitoring program reports which the regional board requires. The <br /> burden, including costs, of these reports shall bear a reasonable relationship to the need <br /> for the report and the benefits to be obtained from the reports. In requiring those reports, <br /> the regional board shall provide the person with a written explanation with regardto.the . <br /> need for the reports, and shall identify the evidence that supports requiring that person <br /> to provide the reports. <br /> As described in Findings 1 through 6, the Discharger.is subject to an order <br /> pursuant to Water Code section 13267 because existing data and information <br /> about the Site indicate that waste has been discharged, is discharging, or is <br /> suspected of discharging at the property, which is owned and operated by the <br /> Discharger. The technical reports required by this Order are necessary to <br /> adequately investigate the Site to protect the beneficial uses of waters of the state, <br /> to protect against nuisance, and to protect public health and the environment. <br /> 10.Water Code section'13268 states, in relevant part: <br /> (a)(1) Any person failing or refusing to furnish technical or monitoring program reports as <br /> required by subdivision (b) of Section 13267 . . . or falsifying any information provided <br /> therein, is guilty of a misdemeanor and may be liable civilly in accordance with <br /> subdivision(b). <br /> (b)(1)Civil liability may be administratively imposed by a regional board in accordance <br /> with Article 2.5 (commencing with Section 13323) of Chapter b for a violation of <br /> subdivision (a)in an amount which shall not exceed one thousand dollars ($1,000)for <br /> each day in which the violation occurs. <br /> (c)Any person discharging hazardous waste, as defined in Section 25117 of the Health <br /> and Safety Code, who knowingly fails or refuses to furnish technical or monitoring <br /> program reports as required by subdivision (b) of Section 13267, or who knowingly <br /> falsifies any information,provided in those technical or monitoring program reports, is <br /> guilty of a misdemeanor, may be civilly liable in accordance with subdivision (d), and is <br /> subject to criminal penalties pursuant to subdivision (e). <br /> (d)(1) Civil liability may be administratively imposed by a.regional board in accordance' <br /> with Article 2.5{commencing with Section 13323) of Chapter 5 for a violation of <br /> subdivision (c) in an amount which shall not exceed five thousand dollars ($5,000) for <br /> each day in which the violation occurs. <br />