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MONITORING AND REPORTING ORDER NO. R5-2017-0826 -2- <br /> BUCKEYE PARTNERS, L.P.AND <br /> TESORO PETROLEUM COMPANY <br /> STOCKTON TERMINALS TECHNICAL COMMITTEE <br /> STOCKTON, SAN JOAQUIN COUNTY <br /> southeast and varies from about two to 11 feet below ground surface. This pollution has <br /> impaired the beneficial use of groundwater resources at the Site. <br /> 6. This Monitoring and Reporting Order is issued by the Central Valley Water Board, pursuant <br /> to California Water Code (CWC) section 13267 and is necessary to delineate groundwater <br /> pollutant plumes and to evaluate whether remediation efforts are effective. <br /> 7. Existing data and information about the Site show various chemicals, including TPHg, <br /> TPHd, BTEX, TAME, MTBE, and TBA are impacting groundwater beneath the Site and <br /> nearby properties resulting from the Discharger's current or past operation. The Discharger <br /> is responsible for the discharge because the Discharger owns the property and operates <br /> bulk fuel facilities at the Site. <br /> 8. The Discharger shall not implement any changes to this Order unless and until a revised <br /> Order is issued by the Executive Officer or the Assistant Executive Officer. This Monitoring <br /> and Reporting Order replaces the monitoring and reporting requirements presented in Order <br /> No. R5-2015-0813 for the STTC, which includes the Buckeye and Tesoro facilities. Order <br /> No. R5-2015-0813 was issued on 27 July 2015 and outlined monitoring and reporting <br /> requirements for Buckeye, Tesoro, and TOC Holdings. <br /> 9. Prior to construction of any new groundwater monitoring or extraction wells, and prior to <br /> destruction of any groundwater monitoring or extraction wells, the Discharger shall submit <br /> plans and specifications to the Central Valley Water Board for review and approval. Once <br /> installed, all new monitoring wells shall be added to the monitoring program and shall be <br /> sampled and analyzed according to the schedule provided under the 'Required Actions' <br /> section of this Order <br /> LEGAL PROVISIONS <br /> 10. CWC section 13267 states,in part: <br /> (b)(1) In conducting an investigation, the Regional Board may require that any person <br /> who has discharged, discharges, or is suspected of having discharged or, discharging, <br /> or who proposes to discharge waste within its region shall furnish, under penalty of <br /> 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 <br /> for the report and the benefits to be obtained from the reports. In requiring those <br /> reports, the regional board shall provide the person with a written explanation with <br /> regard to the need for the reports, and shall identify the evidence that supports requiring <br /> that person to provide the reports. <br /> The reports required herein are necessary for the reasons described in this Order, to assure <br /> protection of waters of the state, and to protect public health and the environment. <br /> 11. 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 provided <br /> therein is guilty of a misdemeanor and may be liable civilly in accordance with <br /> subdivision (b). <br />