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MONITORING AND REPORTING 01C., <br />RAM NO. R5-2010-0803 • - 2 - <br />JOHN TAYLOR FERTILIZERS CO., WILBUR-ELLIS COMPANY <br />STOCKTON FACILITY, SAN JOAQUIN COUNTY <br />7. Prior to construction of any new groundwater monitoring or extraction wells, and <br />prior to destruction of any groundwater monitoring or extraction wells, the Discharger <br />shall submit plans and specifications to the Central Valley Water Board for review <br />and approval. Once installed, all new wells shall be added to the monitoring program <br />and shall be sampled and analyzed according to the schedule below. <br />LEGAL PROVISIONS <br />8. 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 reports, <br />the regional board shall provide the person with a written explanation with regard to the <br />need for the reports, and shall identify the evidence that supports requiring that person <br />to provide the reports. <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 />9. CWC section 13268 states, in part: <br />(a)(1) Any person failing or refusing to furnish technical or monitoring program reports as <br />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 />(b)(1) Civil liability may be administratively imposed by a regional board in accordance <br />with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of <br />subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for <br />each day in which the violation occurs. <br />Failure to submit the required reports to the Central Valley Water Board according to <br />the schedule detailed herein may result in enforcement action(s) being taken against <br />you, which may include the imposition of administrative civil liability pursuant to CWC <br />section 13268. Administrative civil liability of up to $1,000 per violation per day may be <br />imposed for non-compliance with the directives contained herein. <br />