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Port of Stockton - 3 2 June 2005 <br />San Joaquin County <br />The above technical reports are necessary for Regional Board staff to evaluate the extent of water quality <br />impacts, to evaluate remedial action, and to prevent future impacts to water quality from the storage <br />piles. The Dischargers own and operate the facilities which have impacted water quality. These reports <br />are technical reports as described in CWC Section 13267, which states, in part: <br />"(b)(1) In conducting an investigation specified in subdivision (a), the regional board may <br />require any person who has discharged, discharges, or is suspected of having discharged or <br />discharging, or who proposes to discharge waste within its region...shall furnish, under penalty of <br />perjury, 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 and <br />the benefits to be obtained from the reports. In requiring those reports, the regional board shall <br />provide the person with a written explanation with regard to the need for the reports, and shall <br />identift the evidence that supports requiring that person to provide the reports." <br />Failure to submit the requested technical reports could lead to administrative civil liabilities authorized <br />by CWC Section 13268, which states: <br />"(a)(1) Any person failing or refusing to furnish technical or monitoring program reports as <br />required by subdivision (b) of Section 13267... is guilty of a misdemeanor and may be liable civilly in <br />accordance with subdivision (b). <br />"(b)(1) Civil liability may be administratively imposed by a regional board in accordance with <br />Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an <br />amount which shall not exceed one thousand dollars ($1,000) for each day in which the violation <br />occurs." <br />If you have any questions or need further assistance regarding compliance with this letter, please contact <br />Mr. Victor Izzo at (916) 464-4626 or e-mail him at vizzo(cD,waterboards.ca.gov. <br />THOMAS R. PlNKOS <br />Executive Officer <br />Attachment <br />cc: Margaret Lagorio, San Joaquin Valley Air Pollution District, Modesto <br />Mr. Jeffrey Wingfield, Jones and Stokes, Sacramento <br />Ms. Lynn Wall, Jones and Stokes, Sacramento <br />Ms. Nicole Granquist, Downey Brand LLP, Sacramento