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CLEANUP AND ABATEMENT ORC R5-2008-0710 -9-
<br />HJ BAKER & BRO INC AND THE PORT OF STOCKTON
<br />MOLTEN SULFUR PROCESSING PLANT, SAN JOAQUIN COUNTY
<br />In conducting an investigation specified in subdivision (a), the regional board may require that
<br />any person who has discharged, discharges, or is suspected of having discharged or
<br />discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary,
<br />or political agency or entity of this state who has discharged, discharges, or is suspected of
<br />having discharged or discharging, or who proposes to discharge, waste outside of its region
<br />that could affect the quality of waters within its region shall furnish, under penalty of perjury,
<br />technical or monitoring program reports which the regional board requires. The burden,
<br />including costs, of these reports shall bear a reasonable relationship to the need for the report
<br />and the benefits to be obtained from the reports. In requiring those reports, the regional board
<br />shall provide the person with a written explanation with regard to the need for the reports, and
<br />shall identify the evidence that supports requiring that person to provide the reports.
<br />The technical reports required by this Order are necessary to ensure compliance with
<br />this Cleanup and Abatement Order, and to ensure the protection of the waters of the
<br />state. The Dischargers own and/or operate the facility subject to this Order.
<br />The issuance of this Order is an enforcement action taken by a regulatory agency and
<br />is exempt from the provisions of the California Environmental Quality Act (CEQA)
<br />(Pub. Resources Code, section 21000 et seq.), pursuant to California Code of
<br />Regulations, title 14, section 15321(a)(2). The implementation of this Order is also an
<br />action to assure the restoration of natural resources and/or the environment and is
<br />exempt from the provisions of the CEQA, in accordance with California Code of
<br />Regulations, title 14 sections 15307 and 15308. This Order may also be classified as
<br />a minor action to prevent, minimize, stabilize, mitigate or eliminate the release or
<br />threat of release of hazardous waste or substances, and is exempt from the
<br />provisions of CEQA in accordance with California Code of Regulations, title 14 section
<br />15330
<br />IT IS HEREBY ORDERED that, pursuant to CVVC sections 13304 and 13267, HJ Baker & Bro
<br />Inc. and the Port of Stockton must cleanup and abate, forthwith, the molten sulfur processing
<br />facility. "Forthwith" means as soon as is reasonably possible. Compliance with this requirement
<br />must include, but may not be limited to, completing the tasks listed below:
<br />1 Storage or ponding of sulfur-contact water on the floor of the Clay Pit is prohibited.
<br />Discharge of sulfur-contact water to the vadose zone is prohibited.
<br />The discharge, release, and/or disbursement of sulfur prill, sulfur fines, and/or sulfur-
<br />contact water outside the boundary of Baker's property is prohibited.
<br />The discharge or release of sulfur or sulfur-contact water to groundwater, the Port's
<br />tunnel, and/or surface water is prohibited.
<br />By 27 February 2009, Baker must submit the following:
<br />a. A scaled Comprehensive Site Map showing the proposed location of the new 500-
<br />gallon above ground storage tank, and existing berms and K-rails, sumps, the
<br />hopper, sulfur-contact water drainage and collection/conveyance systems, the
<br />access ports to the tunnel and above ground conveyor, and sulfur-contact water
<br />swales, ditches, and piping. The surface area, in square feet, of the prill stockpile
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