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0 WASTE DISCHARGE REQUIREMENTS ORDER NO. R5-2003-0049 -32- FORWARD INC. AND ALLIED WASTE INDUSTRIES FOR OPERATION OF FORWARD CLASS II LANDFILL SAN JOAQUIN COUNTY 9. The fact that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with this Order shall not be regarded as a defense for the Discharger's violations of the Order. 10. To assume ownership or operation under this Order, the succeeding owner or operator must apply in writing to the Board requesting transfer of the Order within 14 days of assuming ownership or operation of this facility. The request must contain the requesting entity's full legal name, the State of incorporation if a corporation,the name and address and telephone number of the persons responsible for contact with the Board, and a statement. The statement shall comply with the signatory requirements contained in Provision F.5. and state that the new owner or operator assumes full responsibility for compliance with this Order. Failure to submit the request shall be considered a discharge without requirements, a violation of the California Water Code. Transfer of this Order shall be approved or disapproved by the Board. 11. The Discharger shall conduct an annual review of the financial assurance for initiating and completing corrective action, and submit a report for Executive Officer review and approval. The assurances of financial responsibility shall provide that funds for corrective action shall be available to the Regional Board upon the issuance of any order under California Water Code, Division 7, Chapter 5. The Discharger shall adjust the cost annually to account for inflation and any changes in facility design, construction, or operation. 12. The Discharger shall conduct an annual review of the financial assurance for closure and postclosure maintenance, and submit a report for Executive Officer review and approval. The assurances of financial responsibility shall provide that funds for closure and postclosure maintenance shall be available to the Regional Board upon the issuance of any order under California Water Code,Division 7, Chapter 5. The Discharger shall adjust the cost annually to account for inflation and any changes in facility design, construction, or operation. 13. The Discharger shall receive approval from the Executive Officer before discharging waste to containment areas or waste.management units constructed after the effective date of this Order. The Discharger shall submit to the Board all documentation(i.e., reports, plans, designs)required by this Order for the review and approval by Board staff prior to implementation. 14. The Discharger shall complete the tasks contained in these waste discharge requirements in accordance with the following time schedule: