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standard, or requirement issued or adopted pursuant thereto. <br /> HSC section 25189 . 2 authorizes the Department to issue a <br /> Complaint and to impose a penalty on persons who commit <br /> specified acts, pursuant to the procedures set forth in HSC <br /> section 25189 . 3 . <br /> 1. 5. Exhibits. All exhibits attached to this Order and <br /> Complaint are incorporated herein by this reference. <br /> DETERMINATION OF VIOLATIONS <br /> 2 . The Department has determined that the Respondent has <br /> violated, is violating, or threatens to violate HSC section <br /> 25189 . 2 and other specified provisions as follows: <br /> 2 .1. The Respondent violated 40 Code of Federal <br /> Regulations (40 CFR) section 265.74 (c) , in that on or about <br /> December 6 and 7 , 1988 , Respondent failed to submit estimates of <br /> the historical volumes of solvents used and disposed of at the <br /> facility prior to 1985 . <br /> 2 . 2 . Respondent violated 40 CFR, section 265. 90 (a) , in <br /> that on or about December 6 and 7 , 1988 , Respondent failed to <br /> implement a groundwater monitoring program capable of <br /> determining the facility' s impact on the quality of groundwater <br /> in the uppermost aquifer underlying the facility. The vertical <br /> extent of the uppermost aquifer has not been clearly defined. <br /> The relationship between the upper and lower water bearing zones <br /> and the uppermost aquifer has not been established. Respondent <br /> 2 <br />