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CLEANUP AND ABATEMENT C ER R5-2008-0710 -8- HJ BAKER & BRO INC AND THE PORT OF STOCKTON MOLTEN SULFUR PROCESSING PLANT, SAN JOAQUIN COUNTY coordinate the lead time necessary to install the 500,000 gallon tank according to the schedule in this Order. In a follow-up letter received 9 January 2009, Baker stated that they installed wind screens in the gap between the existing screens and the ground surface; had installed an additional 50-feet of wind screens to the electrical building; had back filled and capped with concrete the truck unloading hopper; had covered with steel plates and asphalt the three tunnel access ports; and plan to complete installation of the 500,000-gallon above-ground storage tank by July 2009. REGULATORY CONSIDERATIONS The Water Quality Control Plan Central Valley Region—Sacramento River and San Joaquin River Basins, Fourth Edition (hereafter Basin Plan), designates beneficial uses, establishes water quality objectives, and contains implementation plans and policies for all waters of the Basin. The facility is in the San Joaquin River in the Sacramento-San Joaquin River Delta (Hydrologic Area 544) of the Basin Plan. The designated beneficial uses of the Sacramento-San Joaquin River Delta, as specified in the Basin Plan, are municipal and domestic supply, agricultural supply, industrial power supply, contact and non- contact water recreation, warm and cold freshwater habitat, migration of aquatic species, aquatic habitats for reproduction and early development, wildlife habitat, and groundwater recharge. The beneficial uses of underlying groundwater, as stated in the Basin Plan, are municipal and domestic supply, agricultural supply, industrial service supply, and industrial process supply. CWC section 13304(a) states, in relevant part, that: Any person who has discharged or discharges waste into the waters of this state in violation of any waste discharge requirement or other order or prohibition issued by a Central Valley Water 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 waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the Central Valley Water Board, clean up the waste or abate the effects of the waste, or, in the 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 the suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant. CWC section 13267(b)(1) provides that: