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Paul Kuzyk - 2 - 23 September 2004 Water Code Section 13267 Order for Technical Reports Section 13267 of the California Water Code states, in part: "In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports. " Section 13268 of the California Water Code states, in part: "(a) Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, or failing or refusing to furnish a statement of compliance as required by subdivision (b) of Section 13399.2, or falsifying and information provided therein, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). (b)(1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with section 13323) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000)for each day in which the violation occurs. In order to ensure that KRC complete all work necessary to evaluate the discharge of industrial wastewater, KRC is hereby directed to submit the following reports. This request is made pursuant to Section 13267 of the California Water Code. The Discharger owns and operates the facility that is subject to the WDRs cited herein. Pursuant to Section 13267 of the California Water Code,KRC Aggregates shall submit the following reports by the specified due dates. Failure to comply may result in an enforcement action or a fine of up to $1,000 per report, per day late. The reports shall be prepared by or under the direction of an engineer or geologist registered to practice in California pursuant to California Business and Professions Code §6735, 7835, and 7835.1. The discharger is directed to immediately comply with the WDRs and MRP. A copy of the WDRs and Standard Provisions is attached. By 16 December 2004 KRC shall submit the technical reports as described in WDRs Provisions E.La, and E.Lb, which are restated below: W:4SuM0bncnT%San JoaquinT.RC Aggmgates\Kuzyk 16 Sept 04.doc