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CWC SECTION 13308 TIME SCALE ORDER NO.R5-2002-0014 • -7 - MUSCO OLIVE PRODUCTS AND THE STUDLEY COMPANY SAN JOAQUIN COUNTY contact recreation,warm and cold freshwater habitat,warm and cold migration, warm water spawning, and navigation. 33. Section 13267(b) of the California Water Code states: "In conducting an investigation specified in subdivision(a),the regional board may require that any person who has discharged, discharges,or is suspected of having discharged or discharging,or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged,discharges,or is suspected of having discharged or discharging, or who proposes to discharge,waste outside of its region that could affect the quality of waters within its region shall furnish,under penalty of perjury,technical or monitoring program reports which the regional board requires. The burden,including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports,_In requiring those reports,the regional board shall provide the person with a written explanation with regard to the'need for the reports,and shall identify the evidence that supports requiring that person to provide the reports." 34. Technical reports are required by this Order. The need for each of the technical reports is y described below: a. The monitoring reports required by Monitoring and Reporting Program No. 97-037 are needed to determine whether the discharge is in compliance with C&A Order No. 5-00-717 and WDRs No. 97-037. b. The monthly status reports are needed so staff can monitor the Discharger's progress toward solving the wastewater system inadequacies. c. The Groundwater Monitoring Well Workplan and Installation Report are required to document the installation and construction of a groundwater monitoring network to determine whether the discharge of wastewater is impacting groundwater quality. d. The domestic wastewater treatment system report is required to evaluate the adequacy of the existing domestic wastewater system and whether its use is threatening groundwater quality. e. The reports about the storage pond and tailwater return system are necessary to determine whether the Discharger is constructing the improvements in the timeframe proposed by the Discharger. f. The report regarding the status of the cropland is necessary to ensure that the Discharger maintains an aggressive schedule in planting its acreage to crops. 35. Section 13308(a) of the California Water Code (CWC)provides that: "If the regional board determines there is a threatened or continuing violation of any cleanup and abatement order, cease and desist order,or any order issued under Section 13267 or 13383,the regional board may issue an order establishing a time schedule and prescribing a civil penalty which shall become due if compliance is not achieved in accordance with that time schedule." 36. Section 13308(b) of the CWC provides that: .. The amount of the penalty may not exceed ten thousand dollars($10,000)for each day in which violation occurs." 37. This Time Schedule Order is issued in accordance with Section 13308 of the California Water Code establishing a time schedule for compliance and civil penalties for violation(s) of the Time Schedule Order.