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CLEANUP AND ABATEML.+T ORDER NO. 5-00-704 3 FORMER CHEVRON STATION #9-5775 301 WEST KETTLEMAN LANE V1, SAN JOAQUIN COUNTY 11. Section 13267(b) of the California Water Code provides that: "!n conducting an investigation specified in subdivision (a), the regional board. -nay require that ani -person who has discharged, discharges, or is suspected of discharging, or is propojing to discharge waste within its region, or any citizen or donhiciliaq; or political agent- or emir of this state who has discharged, discharges, or is suspected of dischargirng, or who proposes to discharge, waste outside its region that could affect the quality of waters within its region shall furnish, under penalt}• of perjury, technical or nionitoriag progranh reports which the regional board require. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to he obtained front the reports. " 12. Title 23, Chapter 16, Article 5, Section 2652 (c and d) of the California Code of Regulations requires the Discharger to -submit quarterly reports containing the results of all corrective action activities occurring during the previous three months. 13. The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2), Title 14, California. Code of Regulations. 14. Any person affected by this action of the Board may pectition the State Water Resources Control Board (State Board) to review the action in accordance tenth Title 23 of the California Code of Regulations sections 2050-2068. The State Board must receive the petition within 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions will be provided on request. In addition to filing a petition with the State Board, any person affected adversely by this Order may request the Regional Board to reconsider this Order. Such request should be made within 30 days of the date of this Order. Note that even if reconsideration by the Regional Board is sought, filing a petition with the State Board within the statutory time period is necessary to preserve the petitioner's legal rights. It IT IS HEREBY ORDERED that, pursuant to Sections 13267 and 13304 of the California Water Code the Discharger shall: 1. Clean up the waste and abate forthwith, the existing and threatened effects of waste that has been, and continues to be, discharged to groundwater from this site. "Forthwith" means as soon as reasonably possible, but in any event, no later than the deadlines imposed by this Order. Site-Speeific Investigation and Cleanup Tasks Compliance Date 2. Continue to operate weekly groundwater extraction in the area of the continuous highest groundwater MtBE contamination until a permanent groundwater extraction system is installed.