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

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CLEANUP AND ABATEMENT ORDER NO. 98-721 -4- JOE J. MACHADO, LILLIAN E.MACHADO, AND BRUCE KIMBROUGH JOANNE KIMBROUGH, `LUCKY J DAIRY SAN JOAQUIN COUNTY governmental agency and state board to the extent of the latter's contribution to the cleanup costs from the State Water Pollution and Abatement Account or other available funds." 18. 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 who has discharged, discharges, or is suspected of 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 discharging, or who proposes to discharge waste outside of its region that could affect the quality of waters of the state 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." 19. The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2), Title 14j California Code of Regulations. 20. Any person affected by this action of the Board may petition the State Water Resources Control Board to review the action. The petition must be received by the State Board within 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions will be provided upon request. IT IS HEREBY ORDERED THAT, pursuant to Sections 13267 and 13304 of the California Water Code, Joe J. Machado,Lillian E.Machado,Bruce Kimbrough, Joanne Kimbrough, and the Lucky J Da shall: 1. Except in the case of runoff generated during a stormexceeding a 25-year, 24-hour event, immediately abate any and.all discharges ofmanured wastewater into surface waters of the State. 2. Operate the Lucky J Dairy in compliance with Title 27,Division 2, Chapter 7, Subchapter 2 of the California Code of Regulations. 3. Reimburse the Regional Water Quality Control Board,the State Water Resources Control Board,the Department of Fish and Game, and any other state or federal agency providing assistance to the Regional Board in administering this Order for reasonable costs associated with oversight of actions taken in response to this Order. By 30 June 1998 submit the name and address to be used for billing purposes for reimbursement charges. Failure to provide the name and address and/or failure to reimburse the Regional Board for reasonable oversight costs shall be considered a violation of this Order.