ARCHIVED REPORTS_2019 SOIL MGMT PLAN (MAY)

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500 E Louise Ave Lathrop, San Joaquin County - 5 - 12 April 2019 disposal manifests. The SWPPP is not adequate to address the manufacturing waste issues at the site and does not contain the appropriate framework and specific protocols to identify, characterize, excavate, and properly dispose of glass manufacturing and air pollution control system waste at the Site. LEGAL AUTHORITY 8. Pursuant to Water Code section 13267, subdivision (b)1): [T]he regional board may require that any person who has discharged, discharges, or is suspected of having discharged or, discharging, or who proposes to discharge waste within its region ... shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation regarding the need for the reports and shall identify the evidence that supports requiring that person to provide the reports. 9. The persons and entities designated as "Responsible Parties" in this Order have discharged or are suspected of having discharged waste (California Code of Regulations, title 23, section 2720).They are therefore subject to an Order under Water Code section 13267. 10. The technical reports and corresponding actions required by this Order are necessary to ensure the protection of human health and the environment demonstrate reasonable progress toward closure of this case. As noted above, the SWPPP does not adequately address the historical waste issues at the site and does not contain the appropriate protocols to address identify, characterize, excavate, and dispose of the glass manufacturing waste at the Site. Also noted above, the unauthorized release(s) of glass manufacturing waste material that may result in elevated levels of dioxins, furans, TPH, PCBs, SVOCs, and Title 22 metals to Site soils and underlying groundwater. Additional monitoring and remediation of soil and groundwater at and near the site may be necessary. The reports required herein are necessary to identify and delineate the nature and extent of the contamination beneath the Site, to assure protection of waters of the state, and to protect public health and the environment. 11. The burden, including costs, of providing the reports required under this Order is justified in view of the facts presented above. 12. In accordance with Water Code section 13267, subdivision (b)(1), this Order provides Responsible Parties with an explanation for the need for reports, and in an identification of evidence supporting that need. 14. In issuing this Order, the Executive Officer is acting pursuant to delegated authority under Water Code section 13223.