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' h li I i1 ! ^perat-ed. for domestic beneficial use in that portion of the 2 '' aquifer were abandoned prior to the time the contaminant plume 31 reached those wells , unless the State can demonstrate that such 1 I 41 wells were abandoned due to contamination or the threat of i 5i! contamination from MCTC ' s operations , or (b) that all wells i 6 operated for domestic beneficial use in the aquifer have been 71� unaffected by the relevant levels of groundwater contamination , 8 MCTC shall not be required to pay the otherwise specified 9I contingent civil monetary remedy. 10 '; 3 . Maximum Contingent Civil Monetary Remedy. 11 '' IICTC shall pay a civil remedy in an amount up to $100 , 000 in �i 121 the following circumstances : 13 (a) Groundwater : If offsite groundwater in an 14 .i a wuifer which is capable of future use as a beneficial source 15 of groundwater, is found to contain levels of arsenic or i 16I1� chromium at levels in excess of the MCL, or of copper at levels 17 ' in excess of the SMCL, and if the Department and the Board I 1811 determine that MCTC cannot or will not remediate such 191j contamination in compliance with the goals and time schedule 201' for final mitigation in the I-litigation Plan. i 21i, (b) Soils : If soils located offsite on 22I properties of residences , schools , or parks are found to be 23 " contaminated by arsenic , total chromium, hexavalent chromium, 24or copper at levels in excess of the STLC or the TTLC for those 25 substances , as specified in the Hazardous Waste Criteria , and 26 if the Department and the Board determine that MCTC cannot or 27 , will not remediate such contamination in compliance with the 13 COURT PAPER STATE CI'CALIFCRNIA STD II .REV. B-72- , %4 _g,