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CLEANUP•AND ABATEMENT OR&NO._ 3 MUSCO OLIVE PRODUCTS AND THE STUDLEY CORPORATION MUSCO OLIVES PRODUCTS,TRACY FACILITY SAN JOAQUIN COUNTY by the 15 May 2000 letter. The Discharger needs to complete one comprehensive plan for bringing its facility into compliance with its current WDRs and preventing water quality impacts from its proposed increase in flow and salt concentrations. 11. On 25 September 2000, the Discharger was informed the technical reports that were submitted were deemed incomplete and a C&A Order was in preparation. The Discharger had an opportunity to review and comment on this Order before it was signed by the Executive Officer. 12. As a result of the events and activities described in this Order, the Board finds that the Discharger has caused or permitted waste to be discharged in such a manner that it has created, and continues to threaten to create, a condition of pollution or nuisance. 13. The Board's Water Quality Control Plan (Fourth Edition) for the Sacramento River and San Joaquin River Basins (Basin Plan) establishes the beneficial uses of the waters of the state and water quality objectives to protect those uses. The beneficial uses of the groundwater beneath the facility site are municipal and domestic supply; agricultural supply; industrial service and process supply; contact and noncontact recreation; warm and cold freshwater habitat; warm and cold spawning habitat; warm water spawning; wildlife habitat; and navigation. 14. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into waters of this state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the state board, or who has caused or permitted,causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be,discharged into the water of the state, and creates,or threatens to create,a condition of pollution or nuisance,shall upon order of the Regional Board clean up the waste or abate the effects of the waste, or, in case of threatened pollution or nuisance,take other necessary remedial action,including but not limited to, overseeing cleanup and abatement efforts. Upon failure of any person to comply with the cleanup or abatement order,the Attorney General, at the request of the board,shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In any such suit,the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent,as the facts may warrant." 15. 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,discharged, or is suspected of discharging,or who proposes to discharge waste within its region,or any citizen or domiciliary,or political agency or entity of this state person who has discharged,discharged, or is suspected of discharging, or who proposes to discharge waste outside of its region that could affect the quality of waters of the state within its region shall famish, 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." 16. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2), Title 14, California Code of Regulations. 17. Any person affected by this action of the Board may petition the State Water Resources Control Board(State Board) to review the action in accordance with Section 2050 through 2068, Title 23, California Code of Regulations. The petition must be received by the State Board within 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions will be provided upon request. In addition to filing a petition with the State Board, any person affected adversely by this Order may request the Regional Board to reconsider this Order. Such request should be made within 30 days of the date of this Order. Note that, even if reconsideration by the c-:FoJm�_niuttne�nt�scmr:ao ei ah