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REVISED CWC SECTION 13308E SCHEDULE ORDER NO. R5-2002-0014• 7_ <br /> MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY <br /> SAN JOAQUIN COUNTY <br /> contact recreation, warm and cold freshwater habitat, warm and cold migration, warm water <br /> spawning, and navigation. <br /> 33. 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 /> 34. Technical reports are required by this Order. The need for each of the technical reports is <br /> described below: <br /> a. The monitoring reports required by Monitoring and Reporting Program No. 97-037 are <br /> needed to determine whether the discharge is in compliance with C&A Order No. 5-00-717 <br /> and WDRs No. 97-037. <br /> b. The monthly status reports are needed so staff can monitor the Discharger's progress toward <br /> solving the wastewater system inadequacies. <br /> c. The Groundwater Monitoring Well Workplan and Installation Report are required to <br /> document the installation and construction of a groundwater monitoring network to determine <br /> whether the discharge of wastewater is impacting groundwater quality. <br /> d. The domestic wastewater treatment system report is required to evaluate the adequacy of the <br /> existing domestic wastewater system and whether its use is threatening groundwater quality. <br /> e. The reports about the storage pond and tailwater return system are necessary to determine <br /> whether the Discharger is constructing the improvements in the timeframe proposed by the <br /> Discharger. <br /> £ The report regarding the status of the cropland is necessary to ensure that the Discharger <br /> maintains an aggressive schedule in planting its acreage to crops. <br /> 35. Section 13308(a) of the California Water Code (CWC) provides that: <br /> "If the regional board determines there is a threatened or continuing violation of any cleanup and abatement order, <br /> cease and desist order, or any order issued under Section 13267 or 13383,the regional board may issue an order <br /> establishing a time schedule and prescribing a'Tt"nalty which shall become due if compliance is not achieved in <br /> accordance with that time schedule." <br /> 36. Section 13308(b) of the CWC provides that: <br /> .. The amount of the penalty may not exceed ten thousand dollars($10,000) for each day in which violation occurs." <br /> 37. This Time Schedule Order is issued in accordance with Section 13308 of the California Water <br /> Code establishing a time schedule for compliance and civil penalties for violation(s) of the Time <br /> Schedule Order. <br /> 38. The penalties allowed under CWC Section 13308 are specified below for the tasks required to <br /> attain compliance with C&A Order No. 5-00-717 and WDRs No. 97-037. A lesser amount would <br />