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;� A <br /> CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> • RESOLUTION NO. 99-109 <br /> AFFIRMING ISSUANCE OF <br /> CLFANUp AND ABATEMENT ORDER NO. 98-721 <br /> AGAINST <br /> JOE J.MACHADO,LILLIAN E. MACHADO,BRUCE KIIVIBROUGH, <br /> JOANNE K>MBROUGH; AND LUCKY J DAIRY <br /> SAN JOAQUIN COUNTY <br /> WHEREAS, California Water Code (CWC) Section 13304(a) authorizes the Regional Water <br /> Quality Control Boards to issue Cleanup and Abatement Orders against any person who has discharged <br /> or discharges waste into the waters of this state in violation of any waste discharge requirement or other <br /> order or prohibition issued by the Regional Board or State Board, or who has caused or permitted,c auses <br /> or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or <br /> probably will be, discharged into the waters of the State and creates, or threatens to create, a condition of <br /> pollution or nuisance; and <br /> WHEREAS,by Resolution No. 70-118 the Central Valley Regional Water Quality Control <br /> Board, Central Valley Region, (hereafter Board) delegated the authority to issue Cleanup and Abat ment <br /> • Orders pursuant to Section 13304 CWC to the Board's Executive Officer, and <br /> WHEREAS, on 22 May 1998,the Executive Officer issued Cleanup and Abatement Order <br /> No. 98-721 against Joe J.Machado,Lillian E. Machado,Bruce Kimbrough, Joanne Kimbrough; and <br /> Lucky J Dairy, (hereafter Discharger)regarding the discharges of dairy wastewater from the Lucky J <br /> Dairy into surface waters,requiring the abatement of dairy waste discharges and.improvements in the <br /> dairy waste management system; and <br /> WHEREAS,the Discharger appealed issuance of the Cleanup and Abatement Order to the State <br /> Water Resources Control Board, which dismissed the appeal; and <br /> WHEREAS,the Discharger appealed issuance of the Cleanup and Abatement Order to"the <br /> Superior Court,which has a Court date on 29 July 1999; and <br /> WHEREAS,the Discharger submitted a request for a Regional Board hearing; and <br /> WHEREAS, the Regional Board held a public meeting on 28 July 1999,in Sacramento, <br /> California,to receive testimony concerning the issuance of Cleanup and Abatement Order No. 98-721; <br /> and <br /> WHEREAS,the Board finds that dairy wastewater was discharged from the Lucky J Dairy to <br /> • surface waters in violation of state and federal laws and regulations; and <br />