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REVISED CLEANUP AND ABATEMENT ORDER NO. 5-01-703 •
<br /> CITY OF RIVERBANK WASTEWATER TREATMENT PLANT -$
<br /> STANISLAUS COUNTY
<br /> municipal and domestic supply; agricultural supply; industrial supply; recreation; fresh water
<br /> habitat; migration; spawning; and wildlife habitat. The beneficial uses of the groundwater beneath
<br /> the facility site are municipal and domestic Supply, agricultural supply, industrial service supply,
<br /> and industrial process supply.
<br /> 33. Section 13304(a) of the California Water Code states: "Any person who has discharged or discharges waste
<br /> into waters of this state in violation of any waste discharge requirements or other order or prohibition issued by a
<br /> regional board or the state board,or who has 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 be,discharged into the water of the state,and
<br /> creates,or threatens to create,a condition of pollution or nuisance,shall upon order of the Regional Board clean up
<br /> the waste or abate the effects of the waste, or,in case of threatened pollution or nuisance,take other necessary
<br /> remedial action, including but not limited to, overseeing cleanup and abatement efforts. Upon failure of any person to
<br /> comply with the cleanup or abatement order,the Attorney General, at the request of the board,shall petition the
<br /> superior court for that county for the issuance of an injunction requiring the person to comply with the order. In any
<br /> such suit,the court shall have jurisdiction to grant a prohibitory or mandatory injunction,either preliminary or
<br /> permanent, as the facts may warrant."
<br /> 34. 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 of the state
<br /> within its region shall furnish,under penalty of perjury,technical or monitoring program reports which the regional
<br /> board requires. The burden, including costs,of these reports shall bear a reasonable relationship to the need for the
<br /> report and the benefits to be obtained from the reports. In requiring those reports,the regional board shall provide the
<br /> person 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 /> 35. The reports required by this Order are necessary to assure and document compliance with the
<br /> Order. The Discharger operates the facility that discharges the waste subject to this Order.
<br /> 36. 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,
<br /> California Code of Regulations.
<br /> 37. Any person affected by this action of the Board may petition the State Water Resources Control
<br /> Board (State Board)to review the action in accordance with Section 2050 through 2068, Title 23,
<br /> California Code of Regulations. The petition must be received by the State Board within 30 days
<br /> of the date of this Order. Copies of the law and regulations applicable to filing petitions will be
<br /> provided upon request. In addition to filing a petition with the State Board, any person affected
<br /> adversely by this Order may request the Regional Board to reconsider this Order. Such request
<br /> should be made within 30 days of the date of this Order. Note that, even if reconsideration by the
<br /> Regional Board is sought, filing a petition with the State Board within the statutory period is
<br /> necessary to preserve the petitioner's legal rights.
<br /> IT IS HEREBY ORDERED that, pursuant to Sections 13304 and 13267 of the California Water Code,
<br /> the City of Riverbank shall cleanup and abate, forthwith, all releases and threatened releases of
<br /> wastewater from within the confines of the designated treatment and disposal facility. "Forthwith"
<br /> means as soon as is reasonably possible.
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