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TECHNICAL REPORTING ORDER R5-2017-0839 _2- <br /> SAN JOAQUIN COGEN, LLC, ETAL <br /> HEOROT POWER HOLDINGS <br /> 17200 MURPHY PARKWAY, LATHROP <br /> SAN JOAQUIN COUNTY <br /> LEGAL PROVISIONS <br /> 5. The Central Valley Water Board's Water Quality Control Plan for the Sacramento River <br /> and San Joaquin River Basins, 4th Edition (Basin Plan) designates beneficial uses of the <br /> waters of the State, establishes water quality objectives (WQOs) to protect these uses, <br /> and establishes implementation policies to implement WQOs. The designated beneficial <br /> uses of the groundwater beneath the Site are domestic, municipal, industrial, and <br /> agricultural supply. <br /> 6. CWC section 13267 states, in part: <br /> (b)(1) In conducting an investigation . . ., the regional board may require that any <br /> 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, <br /> under penalty of perjury, technical or monitoring program reports which the regional <br /> board requires. The burden, including costs, of these reports shall bear a reasonable <br /> relationship to the need for the report and the benefits to be obtained from the reports. <br /> In requiring those reports, the regional board shall provide the person with a written <br /> explanation with regard to the need for the reports, and shall identify the evidence that <br /> supports requiring that person to provide the reports. <br /> The Discharger owns the property and/or operated the former San Joaquin Cogen <br /> plant, which was situated on property containing two unpermitted landfill cells that <br /> resulted in suspected discharge of wastes, specifically: dioxin/furan compounds, <br /> polychlorinated biphenyls, and petroleum hydrocarbons, to groundwater. Therefore, <br /> the Discharger is a "person who has discharged, or is suspected of having discharged <br /> waste" within the meaning of CWC section 13267. The reports required herein are <br /> necessary to delineate the nature and extent of the contamination beneath the Site, to <br /> assure protection of waters of the state, and to protect public health and the <br /> environment. <br /> 7. CWC section 13268 states, in part: <br /> (a)(1) Any person failing or refusing to furnish technical or monitoring program reports <br /> as required by subdivision (b) of Section 13267 . . . or falsifying any information <br /> provided therein, is guilty of a misdemeanor and may be liable civilly in accordance <br /> with subdivision (b). <br /> (b)(1) Civil liability may be administratively imposed by a regional board in accordance <br /> with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of <br /> subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for <br /> each day in which the violation occurs. <br /> (c) Any person discharging hazardous waste, as defined in Section 25117 of the <br /> Health and Safety Code, who knowingly fails or refuses to furnish technical or <br /> monitoring program reports as required by subdivision (b) of Section 13267, or who <br />