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I <br /> MONITORING AND REPORTING PROGRAM ORDER NO . R5-2008-0149-XXX 2 <br /> APACHE PLASTICS (Former) <br /> SAN JOAQUIN COUNTY <br /> 0 . 046 mg/kg ethylbenzene and 0 . 085 mg/kg total xylenes. Groundwater contamination has <br /> been monitored for over 20 years and residual impact to shallow, intermediate and deep <br /> groundwater has been documented . <br /> The Discharger proposes to full scale ISCO injections (using solutions of diluted peroxide) for <br /> remediating the residual fuel hydrocarbon impact to soil and groundwater. The Discharger <br /> proposes to inject the oxidant into currently installed wells MW-9 , MW-13 , VEW-1 , VEW-2 , <br /> EW- 1 and three proposed injection wells. During the proposed full-scale corrective action , the <br /> Discharger will perform applicable monitoring , sampling and reporting . Progress remediation <br /> reports and results will be evaluated by San Joaquin County and RWQCB staff. <br /> LEGAL REQUIREMENTS <br /> 2 . CWC section 13267 states , in relevant part: <br /> (a) A regional board , in connection with any action relating to any plan or requirement <br /> authorized by this division , may investigate the quality of any waters of the state within its <br /> region . <br /> ( b)( 1 ) In conducting an investigation specified in subdivision (a) , the regional board may require <br /> that any 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 , under penalty of <br /> perjury , technical or monitoring program reports which the regional board requires. The burden , <br /> including costs, of these reports shall bear a reasonable relationship to the need for the report <br /> and the benefits to be obtained from the reports. In requiring those reports, the regional board <br /> shall provide the person with a written explanation with regard to the need for the reports, and <br /> shall identify the evidence that supports requiring that person to provide the reports. <br /> The Discharger has submitted a Notice of Intent (NOI) to the Board indicating that they are <br /> responsible for the project subject to Order R5-2008-0149. The reports required herein are <br /> necessary to ensure compliance with Order R5-2008-0149 . <br /> 3. CWC section 13268 states, in relevant part: <br /> (a)(1 ) Any person failing or refusing to furnish technical or monitoring program reports or <br /> falsifying any 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 accordance with <br /> Article 2 . 5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an <br /> amount which shall not exceed one thousand dollars ($ 1 , 000) for each day in which the violation <br /> occurs . <br /> (c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and <br /> Safety Code, who knowingly fails or refuses to furnish technical or monitoring program reports <br /> as required by subdivision (b) of Section 13267, or who knowingly falsifies any information <br />