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CLEANUP AND ABATEMENT ORL , NO R5-2008-0707 -5-
<br />MARTIN OPERATING PARTNERSHIP AND THE PORT OF STOCKTON
<br />MOLTEN SULFUR PROCESSING PLANT
<br />SAN JOAQUIN COUNTY
<br />uses, establishes water quality objectives, and contains implementation plans and
<br />policies for all waters of the Basin.
<br />The facility is in the San Joaquin River in the Sacramento-San Joaquin River Delta
<br />(Hydrologic Area 544) of the Basin Plan. The beneficial uses of the Sacramento-San
<br />Joaquin River Delta, as specified in the Basin Plan, are municipal and domestic
<br />supply, agricultural supply, industrial power supply, contact and non-contact water
<br />recreation, warm and cold freshwater habitat, migration of aquatic species, aquatic
<br />habitat for reproduction and early development, wildlife habitat, and groundwater
<br />recharge.
<br />The beneficial uses of underlying groundwater, as stated in the Basin Plan, are
<br />municipal and domestic supply, agricultural supply, industrial service supply, and
<br />industrial process supply.
<br />Section 13304(a) of the California Water Code provides that: "Any person who has
<br />discharged or discharges waste into the waters of this state in violation of any waste
<br />discharge requirement or other order or prohibition issued by a Regional Water Board
<br />or the state board, or who has caused or permitted, causes or permits, or threatens
<br />to cause or permit any waste to be discharged or deposited where it is, or probably
<br />will be, discharged into the waters of the state and creates, or threatens to create, a
<br />condition of pollution or nuisance, shall upon order of the Regional Water Board,
<br />clean up the waste or abate the effects of the waste, or, in the case of threatened
<br />pollution or nuisance, take other necessary remedial action, including, but not limited
<br />to, overseeing cleanup and abatement efforts. A cleanup and abatement order
<br />issued by the state board or a Regional Water Board may require the provision of, or
<br />payment for, uninterrupted replacement water service, which may include wellhead
<br />treatment, to each affected public water supplier or private well owner. Upon failure
<br />of any person to comply with the cleanup or abatement order, the Attorney General,
<br />at the request of the board, shall petition the superior court for that county for the
<br />issuance of an injunction requiring the person to comply with the order. In the suit,
<br />the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either
<br />preliminary or permanent, as the facts may warrant."
<br />Section 13267(b)(1) of the California Water Code provides that: "In conducting an
<br />investigation specified in subdivision (a), the regional board may require that any
<br />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
<br />domiciliary, or political agency or entity of this state who has discharged, discharges,
<br />or is suspected of having discharged or discharging, or who proposes to discharge,
<br />waste outside of its region that could affect the quality of waters within its region shall
<br />furnish, under penalty of perjury, technical or monitoring program reports which the
<br />regional board requires. The burden, including costs, of these reports shall bear a
<br />reasonable relationship to the need for the report and the benefits to be obtained
<br />from the reports. In requiring those reports, the regional board shall provide the
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