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CLEANUP AND ABATEMENT OF, _R NO R5-2008-0707 -6- MARTIN OPERATING PARTNERSHIP AND THE PORT OF STOCKTON MOLTEN SULFUR PROCESSING PLANT SAN JOAQUIN COUNTY person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports." The technical reports required by this Order are necessary to ensure compliance with this Cleanup and Abatement Order, and to ensure the protection of the waters of the state. The Discharger owns and operates the facility that produces sulfur prill and leachate subject to this Order. The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act, pursuant to California Code of Regulations, title 14, section 15321(a)(2). Any person affected by this action of the Regional Water Board may petition the State Water Resources Control Board (State Water Board) to review the action in accordance with California Code of Regulations, Title 23, section 2050 through 2068. The petition must be received by the State Water Board within 30 days of the date of the issuance of this Order. Copies of the law and regulations applicable to filing petitions are available at http://www.waterboards.ca.gov/wqpetitions/index.html and will be provided upon request. IT IS HEREBY ORDERED that, pursuant to Sections 13304 and 13267 of the California Water Code, Martin Operating Partnership and the Port of Stockton shall cleanup and abate, forthwith, the molten sulfur processing facility. "Forthwith" means as soon as is reasonably possible. Compliance with this requirement shall include, but not be limited to, completing the tasks listed below. Any person signing a document submitted under this Order shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my knowledge and on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." Beginning with the first quarter 2009, the Discharger shall conduct quarterly groundwater monitoring according to the MRP R5-2008-0825 By 31 October 2008, the Discharger shall submit the following: a. A scaled Comprehensive Site Map showing the proposed location of the new AST, existing and proposed paved areas, bare earth areas, below grade vaults and sumps, any leachate drainage and collection/conveyance systems, any above ground conveyor, the prill storage area, stormwater sampling locations, and leachate