SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

CLEANUP AND ABATEMENT ORDER NO. 94-704 -2- LEPRINO FOODS COMPANY TRACY TRACY FACILITY SAN JOAQUIN COUNTY November 1993. In November 1993, the Discharger also proposed to collect effluent samples from the treatment system on 21 December 1993 and start the system by 14 February 1994. The Executive Officer issued Monitoring and Reporting Program No. 93-811 on 1 November 1993. Quarterly monitoring was not conducted during the fourth quarter 1993. The analytical results from the treatment system were submitted on 16 June 1994 and Leprino informed staff in a 14 June meeting that the treatment system had started operating in early April. 8. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into the waters of this state in violation of any waste discharge requirement or other order or prohibition issued by a regional board or the State Board, or who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order or the regional board clean up the waste or abate the effects of the waste or, in the case of threatened pollution or nuisance, take other necessary remedial action, including, but not limited to, overseeing cleanup and abatement efforts." 9. Section 13267(b) of the California Water Code provides that: "In conducting an investigation specified in subdivision(a), the regional board may require that any person discharging or proposing to discharge waste within its region or any citizen or domiciliary, or political agency or entity of this state discharging or proposing to discharge waste outside of its region that could affect the quality of waters within its region shall furnish under penalty of perjury, those technical or monitoring program reports as the board may specify. 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." 10. The Discharger caused or permitted waste to be discharged into ground water where it created a condition of pollution or nuisance. 11. The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt from provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2), Title 14, California Code of Regulations. 12. Any person affected adversely by this action of the Board may petition the State Water Resources Control Board within 30 days of the date on which the Board took action. Copies of the law and regulations applicable to the filing of petitions will be provided on request.