ARCHIVED REPORTS_LIMITED PHASE II ENVIRONMENTAL SITE ASSESSMENT AND SUMMARY OF PROJECT TO DATE

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CLEANUP AND ABATEMEN i ORDER NO. 98-721 -3- JOE J.MACHADO,LILLIAN E. MACHADO, AND BRUCE KIMBROUGH,JOANNE K[NIBROUGH, LUCKY J DAIRY SAN JOAQUIN COUNTY and drainage through, manured areas during a 25-year, 24-hour storm; and has caused or permitted and threatens to cause or permit waste to be discharged into the waters of the state and has created, or threatens to create, a condition of pollution or nuisance. 15. Title 27,Division 2, Chapter 7, Subchapter 2, CCR contains the following discharge specifications for groundwater protection: a. Manure storage areas shall be managed to minimize percolation of water into underlying soil- b. Application of wastewater to cropland and disposal fields shall be managed to minimize the percolation to groundwater. c. Animal containment facilities shall have adequate surface drainage to prevent continuous accumulation of surface water in corrals and feed yards. d. Application of wastewater to cropland and disposal fields shall be at rates that are reasonable for the crop, soil, climate, special location situations, management system, and type of manure. 16. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into waters of this state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the stat 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 o the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the regional board clean up such waste or abate the effects thereof or, in the case of threatene pollution or nuisance,take other necessary remedial action. Upon failure of any person to comply with such cleanup or abatement order, the Attorney General, at the,request of the board, shall petition the superior court for that county for the issuance of an injunction requiring such person to comply therewith. In any such suit, the court shall have jurisdiction to grant a prolubitory or mandatory injunction, either preliminary or permanent, as the fact may warrant" 17. Section 13304(c)(1) of the California Water Code provides that: "If the waste is cleaned up or the effects of the waste are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by any governmental agency,the person or persons who discharged the waste, discharges the waste, or threatened to cause or permit the discharge of waste within the meaning of subdivision(a), are liable to that governmental agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects of the waste, supervising the cleanup or abatement activities, or talon other remedial action. The amount of the costs is recoverable in a civil action by, and paid to,the