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F w <br /> CLEANUP AND ABATEMENT ORDER NO. 90 XX -2- <br /> EXXON COMPANY, U.S.A. <br /> SAN JOAQUIN COUNTY <br /> B. Exxon submitted a revised remediation plan on 20 February 1990 which <br /> contained separate soil and ground water extraction systems. The <br /> revised plan did not include an e proposal for Y�ng the <br /> t of ground water ntamina and also did not �,j&e <br /> 1e for development an imp ementation of the extraction sys+ems. <br /> e, the plan is unacceptable. <br /> 9. This order is necessary to ensure that the investigation and remedial <br /> action will be conducted in a timely and efficient manner. <br /> 10. The San Joaquin County Department of Public Health Services, concurs <br /> with the need for a Cleanup and Abatement Order. <br /> 11 . The site is located in the western part of San Joaquin County and <br /> overlies the San Joaquin valley Ground Water Basin, the beneficial uses <br /> of which include: <br /> a. Municipal and domestic supply, <br /> b. Agricultural supply, <br /> c. Industrial service supply, and <br /> d. Industrial process supply. <br /> 12. Exxon has caused or permitted wastes to be discharged into the waters of <br /> the state and is creating or is threatening to create a condition of <br /> nuisance or pollution. <br /> 13. In conducting an investigation of the quality of any waters of the state <br /> within its region, the Board may require that any person discharging or <br /> proposing to discharge waste within its region or any citizen or <br /> domiciliary, or political agency or entity of this state discharging or <br /> proposing to discharge waste outside its region that could affect the <br /> quality of the waters within its region shall furnish, under penalty of <br /> perjury, those technical or monitoring program reports as the Board may <br /> 9 specify. The burden, including costs, of those reports shall bear a <br /> reasonable relationship to the need for the report and the benefits to <br /> be obtained from the reports. (California Water Code, Section 13267) <br /> 14. Any person who has discharged or discharges wastes into the waters of <br /> the state in violation of any waste discharge requirement or other order <br /> or prohibition issued by a regional board or the state board, or who has <br /> caused or permitted, causes or permits, or threatens to cause or permit <br /> any waste to be discharged or deposited where it is, or probably will <br /> be, discharged to the waters of the state and creates, or threatens to <br /> create a condition of pollution or nuisance, shall upon order of the <br /> regional board clean up such waste or abate the effects thereof or, in <br /> the case of threatened pollution or nuisance, take other necessary <br /> remedial action. (California Water Code, Section 13304) <br /> 15. This enforcement action is exempt from the provisions of the California <br />