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MONITORING AND REPORTING PROGRAM ORDER NO R5-2015-0012-0021 2 <br />BOULEVARD AUTOMOTIVE SERVICE <br />SAN JOAQUIN COUNTY <br />The Discharger proposes to use full scale ISCO injections (using solutions of diluted peroxide) <br />for remediating the residual fuel hydrocarbon impact to soil and groundwater. The Discharger <br />proposes to inject the oxidant into currently installed wells DPE-1 and DPE-2, nine (9) <br />proposed shallow injection wells and seven (7) proposed intermediate injection wells. During <br />the proposed full-scale corrective action, the Discharger will perform applicable monitoring, <br />sampling and reporting. Progress remediation reports and results will be evaluated by San <br />Joaquin County and RVVQCB staff. <br />LEGAL REQUIREMENTS <br />CWC section 13267 states, in relevant part: <br />(a) A regional board ... in connection with any action relating to any plan or requirement <br />authorized by this division, may investigate the quality of any waters of the state within its <br />region. <br />(b)(1) In conducting an investigation specified in subdivision (a), the regional board may require <br />that 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 <br />of perjury, technical or monitoring program reports which the regional board requires. The <br />burden, including costs, of these reports shall bear a reasonable relationship to the need for the <br />report and the benefits to be obtained from the reports. In requiring those reports, the regional <br />board shall provide the person with a written explanation with regard to the need for the reports, <br />and shall identify the evidence that supports requiring that person to provide the reports. <br />The Discharger has submitted a Notice of Intent (N01) to the Board indicating that they are <br />responsible for the project subject to Order R5-2012-0012. The reports required herein are <br />necessary to ensure compliance with Order R5-2012-0012. <br />CWC section 13268 states, in relevant part: <br />(a)(1) Any person failing or refusing to furnish technical or monitoring program reports ... or <br />falsifying any information provided therein, is guilty of a misdemeanor, and may be liable civilly <br />in 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 />(c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and <br />Safety Code, who knowingly fails or refuses to furnish technical or monitoring program reports <br />as required by subdivision (b) of Section 13267, or who knowingly falsifies any information <br />provided in those technical or monitoring program reports, is guilty of a misdemeanor, may be <br />civilly liable in accordance with subdivision (d)... <br />(d)(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 (c) in an