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CLEANUP AND ABATEMENT ORDER GOEHRING MEAT, INC. NEWCO ACQUISITION SUB, INC. GOLDEN GATE FRESH FOODS, INC. dba VICTOR FINE FOODS SAN JOAQUIN COUNTY 22. Section 2550.0(b) of Article 5 of Chapter 15 states in part that: a. The discharger shall obtain financial assurance meeting the requirements of this subsection in the following schedule: . . . (2)(A) Class II and Class III units to which waste has been discharged since December 8, 1984; . . . " The Discharger has not submitted any legal documentation that demonstrates they will fund a financial mechanism necessary to properly close Ponds 1 , 2, or 3 as required by Chapter 15. 23. On 13 December 1991 , the Discharger ceased most of its operations. Since that time the wastewater facilities have been operated, but not in compliance with Waste Discharge Requirements Order No. 90-047. 24. Section 13304(a) of the California Water Code provides that "any person that has discharged or discharges waste into the waters of this state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the state board, or who has caused or permitted, causes or permits, or threatens to cause or permit any water 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 Regional Board, clean up such waste or abate the effects thereof, or, in the case of threatened pollution or nuisance, take other necessary remedial action. Upon failure of any person to comply with such 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 such person to comply therewith. " 25. Issuance of this Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section, et seq. ) in accordance with Section 15321(a)(2) , Title 14, of the California Administrative Code. 26. Any person adversely affected by this action of the Board may petition the State Water Resources Control Board took action. The petition must be received by the State Water Resources Control Board within 30 days of the date on which the Board took action. Copies of the law and regulations applicable to filing petitions will be provided on request.