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r <br />CLEANUP AND ABATEMENT ORDER NO. R5-2006-0707 4 <br />COVE CONTRACTORS, INC. AND <br />EL DORADO PROPERTY MANAGEMENT, INC. <br />COVE CONTRACTORS FACILITY <br />SAN JOAQUIN COUNTY <br />unclassified Units. Dischargers shall continue to operate existing Units under existing <br />classifications and WDRs until those classifications and requirements are reviewed in <br />accordance with §21720(c). Existing Units shall be closed and maintained after closure <br />according to Subchapter 5, Chapter 3 of this subdivision (§20950 et seq.)... " <br />20. Title 27, Section 20180 states: "Responsibility for compliance with the standards in this chapter <br />shall rest with both the owner and the operator. If specifically designated, the operator is <br />considered to have prime responsibility for compliance; however this does not relieve the owner <br />of the duty to take all reasonable steps to assure compliance with these standards and any <br />assigned conditions. " <br />21. Title 27, Section 20950(a)(1) states: "Dischargers who are implementing final closure of a new <br />or existing classified solid waste management unit (Unit) or are implementing complete final <br />closure of a portion of a solid waste landfill [incremental closure under §21090(b)(1)(D)j shall <br />comply with the provisions of this article. The discharger shall carry out both mandatory closure <br />(under §22190) and normal closure (e.g., at the end of the active life of the Unit) in accordance <br />with a closure and post -closure plan (under §21769) which the RWQCB finds meets all <br />applicable requirements that section and of this Subchapter, including but not limited to <br />applicable performance standards under ¶(a)(2). " <br />22. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or <br />discharges waste into waters of this state in violation of any waste discharge requirements or <br />other order or prohibition issued by a regional board or the state board, or who has caused or <br />permitted, causes or permits, or threatens to cause or permit any waste to be discharged or <br />deposited where it is, or probably will be, discharged into the waters of the state and creates, or <br />threatens to create, a condition of pollution or nuisance, shall upon order of the Regional Board <br />clean up the waste or abate the effects of the waste, or, in the case of threatened pollution or <br />nuisance, take other necessary remedial action, including but not limited to, overseeing cleanup <br />and abatement efforts... Upon failure of any person to comply with the cleanup or abatement <br />order, the Attorney General, at the request of the board, shall petition the superior court for that <br />county for the issuance of an injunction requiring the person to comply with the order. In the <br />suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either <br />preliminary or permanent, as the facts may warrant. " <br />23. Section 13267(b) of the California Water Code provides that: "In conducting an investigation <br />specified in subdivision (a), the regional board may require that any person who has discharged, <br />discharges, or is suspected of having discharged or discharging, or who proposes to discharge <br />waste within its region, or any citizen or domiciliary, or political agency or entity of this state <br />who has discharged, discharges, or is suspected of having discharged or discharging, or who <br />proposes to discharge waste outside of its region that could affect the quality of waters of the <br />state within its region shall furnish, under penalty of perjury, technical or monitoring program <br />reports which the regional board requires. The burden, including costs, of these reports shall <br />bear a reasonable relationship to the need for the report and the benefits to be obtained from the <br />