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-2 - <br />LEGAL PROVISIONS <br />The reports required herein are necessary for the reasons described in this Order, to <br />assure protection of waters of the state, and to protect public health and the <br />environment. <br />Failure to submit the required reports to the Central Valley Water Board according to the <br />schedule detailed herein may result in enforcement action(s) being taken against you, <br />which may include the imposition of administrative civil liability pursuant to CWC section <br />13268. Administrative civil liability of up to $1,000 per violation per day may be imposed <br />for non-compliance with the directives contained herein. <br />MONITORING AND REPORTING PROGRAM No. R5-2007-0829 (REVISED) <br />CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY <br />BANTA BULK FUEL TERMINAL <br />SAN JOAQUIN COUNTY <br />CWC section 13268 states, in part: <br />(a) (1) Any person failing or refusing to furnish technical or monitoring program <br />reports as required by subdivision (b) of Section 13267 or falsifying any <br />information provided therein, is guilty of a misdemeanor and may be liable civilly <br />in accordance with subdivision (b). <br />(b) (1) Civil liability may be administratively imposed by a regional board in <br />accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a <br />violation of subdivision (a) in an amount which shall not exceed one thousand <br />dollars ($1,000) for 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 <br />who knowingly falsifies any information provided in those technical or monitoring <br />program reports, is guilty of a misdemeanor, may be civilly liable in accordance <br />with subdivision (d), and is subject to criminal penalties pursuant to subdivision <br />(e)- <br />(d) (1) Civil liability may be administratively imposed by a regional board in <br />accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a <br />violation of subdivision (c) in an amount which shall not exceed five thousand <br />dollars ($5,000) for each day in which the violation occurs. <br />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 <br />regional board requires. The burden, including costs, of these reports shall bear <br />a reasonable relationship to the need for the report and the benefits to be <br />obtained from the reports. In requiring those reports, the regional board shall <br />provide the person with a written explanation with regard to the need for the <br />reports, and shall identify the evidence that supports requiring that person to <br />provide the reports.