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CLEANUP AND ABATEMEN S,i ER NO.R5-2004-0704 J 4
<br /> THE WINE GROUP,INC.
<br /> FRANZIA WINERY
<br /> SAN JOAQUIN COUNTY
<br /> 25. The beneficial uses of the underlying groundwater as stated in the Basin Plan are municipal and
<br /> domestic supply, agricultural supply, industrial service supply, and industrial process supply.
<br /> 26. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or
<br /> discharges waste into waters of this state in violation of any waste discharge requirements or other order or prohibition
<br /> issued by a regional board or the state board,or who has caused or permitted, causes or permits, or threatens to cause
<br /> or permit any waste to be discharged or deposited where it is,or probably will be, discharged into the water of the
<br /> state,and creates,or threatens to create,a condition of pollution or nuisance,shall upon order of the regional board
<br /> clean up the waste or abate the effects of the waste,or,in case of threatened pollution or nuisance,take other
<br /> necessary remedial action, including but not limited to,overseeing cleanup and abatement efforts. Upon failure of any
<br /> person to comply with the cleanup or abatement order,the Attorney General,at the request of the board,shall petition
<br /> the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In
<br /> the suit,the court shall have jurisdiction to grant a prohibitory or mandatory injunction,either preliminary or
<br /> permanent, as the facts may warrant "
<br /> 27. 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 fiunish,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 /> 28. Technical reports are required to ensure compliance with this C&A Order and WDRs Order No.
<br /> 95-097, and to ensure the protection of the public health and safety. The Discharger owns and
<br /> operates the facility at which the subject waste is discharged.
<br /> 29. 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(CEQA),pursuant to Section 15321(a)(2),
<br /> Title 14, California Code of Regulations.
<br /> 30. Any person affected by this action of the Regional Board may petition the State Water Resources
<br /> Control Board(State Board) to review the action in accordance with Section 2050 through 2068,
<br /> Title 23, California Code of Regulations. The petition must be received by the State Board within
<br /> 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions
<br /> are available at http://www.swrcb.ca.gov/water_laws/cawtrcde/wgpetition_instr.html and will also
<br /> be provided upon request.
<br /> IT IS HEREBY ORDERED that, pursuant to Sections 13304 and 13267 of the California Water Code,
<br /> The Wine Group, Inc. shall cleanup and abate the condition of pollution or nuisance and potential threat
<br /> to public health caused by discharge from the Franzia Winery facility, in accordance with the scope and
<br /> schedule set forth below. Compliance with this requirement shall include, but not be limited to,the
<br /> Mowing measures:
<br /> 1. The Wine Group shall comply with all aspects of WDRs Order No. 95-097 and MRP Order
<br /> No. 95-097, except for the Groundwater Limitation. The Discharger shall make all practicable
<br /> efforts to comply with the Groundwater Limitation during the study period described in this Order,
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