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MONITORING AND REPOOG ORDER NO, R5-2011-0813 <br /> BRITISH PETROLEUM COMPANY, BUCKEYE PARTNERS, L.P., 2 <br /> TESORO PETROLEUM COMPANY, <br /> AND FORMER TIME OIL COMPANY <br /> STOCKTON TERMINALS TECHNICAL COMMITTEE <br /> STOCKTON, SAN JOAQUIN COUNTY <br /> 4. This Monitoring and Reporting Program (MRP) is issued by the Central Valley Water <br /> Board pursuant to California Water Code (CWC) section 13267 and is necessary to <br /> delineate groundwater pollutant plumes and determine whether remediation efforts <br /> are effective. <br /> 5. Existing data and information about the Site show the presence of various <br /> chemicals, including TPHg, TPI-Id, BTEX, TAME, MTBE, TBA, and MBAS beneath <br /> the property resulting from the Discharger's current or past operations. <br /> 6. The Discharger shall not implement any changes to this MRP unless and until a <br /> revised MRP is issued by the Executive Officer. This MRP replaces the <br /> requirements listed in MRP No. R5-2004-0823, which was issued on 5 May 2004. <br /> 7. Prior to construction of any new groundwater monitoring or extraction wells, and <br /> prior to destruction of any groundwater monitoring or extraction wells, the Discharger <br /> shall submit plans and specifications to the Central Valley Water Board for review <br /> and approval. Once installed, all new wells shall be added to the monitoring program <br /> and shall be sampled and analyzed according to the attached schedule. <br /> LEGAL PROVISIONS <br /> 8. CWC section 13267 states, in part: <br /> (b)(1) In conducting an investigation, the Regional Board may require that any <br /> person who has discharged, discharges, or is suspected of having discharged or, <br /> discharging, or who proposes to discharge waste within its region shall furnish, <br /> under penalty of perjury, technical or monitoring program reports which the <br /> regional board requires. The burden, including costs, of these reports shall bear <br /> a reasonable relationship to the need for the report and the benefits to be <br /> obtained from the reports. In requiring those reports, the regional board shall <br /> provide the person with a written explanation with regard to the need for the <br /> reports, and shall identify the evidence that supports requiring that person to <br /> provide the reports. <br /> The reports required herein are necessary for the reasons described in this Order, to <br /> assure protection of waters of the state, and to protect public health and the <br /> environment. <br /> 9. CWC section 13268 states, in part: <br /> (a)(1) Any person failing or refusing to furnish technical or monitoring program <br /> reports as required by subdivision (b) of Section 13267 or falsifying any <br /> information provided therein, is guilty,of a misdemeanor and may be liable civilly <br /> in accordance with subdivision (b). <br /> (b)(1) Civil liability may be administratively imposed by a regional board in <br /> accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a <br />