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CLEANUP AND ABATEANT ORDER NO. R5-2004-0706 3
<br /> COUNTY OF SAN JOAQUIN AND FOOTHILL SANITARY LANDFILL, INC.
<br /> CALAVERASCOUNTY
<br /> 2003-0020 to be consistent with CAO R5-2004-0706. A Settlement Agreement, executed by
<br /> the Executive Officer and the Discharger, contains the key terms.
<br /> REGULATORY CONSIDERATIONS
<br /> 13. As a result of the events and activities described in this Order, the Discharger has caused or
<br /> permitted waste to be discharged in such a manner that it has created, and continues to threaten
<br /> to create, a condition of pollution or nuisance and potential public health threat.
<br /> 14. The Water Quality Control Plan (Basin Plan) for the Sacramento River and San Joaquin River
<br /> Basins, Fourth Edition 1998, designates beneficial uses, establishes water quality objectives,
<br /> and contains implementation plans and policies for all waters of the Basin.
<br /> 15. Surface drainage flows into intermittent creeks, which drain generally in a westerly direction,
<br /> and ultimately enters the Delta via either Mormon Slough or Duck Creek,which flow into the
<br /> San Joaquin River in the Lower Calaveras Hydrologic Area(531.30) of the San Joaquin
<br /> Hydrologic Basin.
<br /> 16. The landfill is located in northeastern San Joaquin County. The existing and potential
<br /> designated beneficial uses of surface water, as specified in the Basin Plan, are municipal and
<br /> domestic supply, agriculture (stock watering and irrigation), industrial (processing and service
<br /> supply), water contact recreation and non-contact water recreation ,warm and cold freshwater
<br /> habitat, warm and cold water migration of aquatic organisms, warm and cold water spawning,
<br /> wildlife habitat,preservation of rare, threatened and endangered species, and groundwater
<br /> recharge.
<br /> 17. Section 13304(a) of the California Water Code provides that: "Any person who has
<br /> discharged or discharges waste into waters of this state in violation of any waste discharge
<br /> requirements or other order or prohibition issued by a regional board or the state board, or
<br /> who has caused or permitted, causes or permits, or threatens to cause or permit any waste to
<br /> be discharged or deposited where it is, or probably will be, discharged into the water of the
<br /> state, and creates, or threatens to create, a condition of pollution or nuisance, shall upon
<br /> order of the regional board clean up the waste or abate the effects of the waste, or, in case of
<br /> threatened pollution or nuisance, take other necessary remedial action, including but not
<br /> limited to, overseeing cleanup and abatement efforts. Upon failure of any person to comply
<br /> with the cleanup or abatement order, the Attorney General, at the request of the board, shall
<br /> petition the superior court for that county for the issuance of an injunction requiring the
<br /> person to comply with the order. In the suit, the court shall have jurisdiction to grant a
<br /> prohibitory or mandatory injunction, either preliminary or permanent, as the facts may
<br /> warrant. "
<br /> 18. Section 13267(b) of the California Water Code states: "In conducting an investigation
<br /> specified in subdivision (a), the regional board may require that any person who has
<br /> discharged, discharges, or is suspected of having discharged or discharging, or who proposes
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