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CEASE AND DESIST ORDER • 1
<br /> TEN BARREL QUARTER CIRCLE LAND INC
<br /> TEN BARREL QUARTER CIRCLE INC. -4
<br /> ESCALON CELLARS,SAN JOAQUIN COUNTY
<br /> REGULATORY CONSIDERATIONS
<br /> 18. As a result of the events and activities described in this Order, the Regional Board finds that the
<br /> Discharger has caused or permitted waste to be discharged in such a manner that it has create
<br /> and continues to threaten to create, a condition of pollution or nuisance. The Re ional Bo d,
<br /> finds that the Discharger is waste in violation of WDRs Order No. 91-223 as and also
<br /> described in the above Findings.
<br /> 19. The Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth
<br /> Edition (hereafter Basin Plan) designates beneficial uses, establishes water quality objectives, V
<br /> or protecting waters of the basin, and incorporates by
<br /> contains implementation plans and policies f
<br /> reference plans and policies adopted by the State Water Resources Control Board. Pursuant to
<br /> Section 13263(a) of the California Water Code, waste discharge requirements must implement the
<br /> Basin Plan.
<br /> 20. Surface water drainage is to the South San Joaquin Irrigation Canal, tributary to Lone Tree Creek
<br /> and the San Joaquin River in the Sacramento San Joaquin Delta.
<br /> 21. The beneficial uses of San Joaquin River(within the Sacramento San Joaquin Delta Hydrologic
<br /> Area) are municipal and domestic supply, agricultural irrigation, stock watering, industrial
<br /> process, industrial service supply, contact recreation, other noncontact recreation, warm fresh
<br /> water habitat, cold fresh water habitat, warm water migration, cold water migration, warm water
<br /> spawning, wildlife habitat, and navigation.
<br /> 22. Section 13301 of the California Water Code states in part: "When a Regional Board finds that a dischar e
<br /> of waste is taking place or threatening to take place in violation of the requirements or discharge prohibitions g
<br /> prescribed by the regional board or the state board, the board may issue an order to cease and desist and direct that
<br /> those persons not complying with the requirements or discharge prohibitions(a)comply fo
<br /> accordance with a time schedule set by the board, or(c)in the event of a threatened violatirthwith,(b)comply in
<br /> on, take appropriate
<br /> remedial or preventive action."
<br /> 23. Section 13267(b) of the California Water Code states: "In conducting an investigation specified in
<br /> subdivision(a),the regional board may require that any person who has discharged, discharges, or is suspected of
<br /> having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary,
<br /> or political agency or entity of this state who has discharged, discharges,or is suspected of having discharged or
<br /> discharging, or who proposes to discharge,waste outside of its region that could affect the quality of waters within its
<br /> region shall furnish,under penalty of perjury,technical or monitoring program reports which the regional board
<br /> requires. The burden,including costs,of these reports shall bear a reasonable relationship to the need for the report
<br /> and the benefits to be obtained from the reports. In requiring those reports,the regional board shall provide the person
<br /> with a written explanation with regard to the need for the reports,and shall identify the evidence that supports
<br /> requiring that person to provide the reports.,,
<br /> 24. The technical reports required by this Order are necessary to assure compliance with WDRs Order
<br /> No. 91-223 and to assure protection of public health and safety. The Discharger operates the
<br /> facility that discharges the waste subject to this Order.
<br /> 25. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the
<br /> provisions of the California Environmental Quality Act,pursuant to Section 15321(a)(2), Title 14,
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