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' CLEANUP AND ABATEMtr.gT ORDER NO 5-00-704 3 FORMER CHEVRON STATION #9-5775 ' 301 WEST KETTLEMAN LANE �DI. SAN JOAQUIN COUNTY ' 11 Section 13267(b) of the California Water Code provides that `hr conducting an investigation specified in subdivision(a),the regional board may require that am person"ho has ' discharged discharges or is suspected of discharging or is proposing to discharge waste within it t region or any eitcen or donacilian or political agenct or entui of tliis state who has discharged, discharges or is suspected ofdischarging or who proposes to discharge, waste outside us region that could affeel th, quality of waters itithin its region shall furnish under penally ofper)uty, technical or nioartoring program reports xhich the regional board requires Ac burden ' including costs of there reports shall bear a reasonable relationship to the need for the report and the benefits to be ohramcd frons 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 petition the State Water Resources Control ' Board (State Board) to review the action in accordance with Title 23 of the California Code of Regulations sections 2050-2068 The State Board must receive the petition within 30 days of the 10date 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 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-Specific Investigation and Cleanup Tasks Compliance Date weekly groundwater 2. Continue to operate wee extraction in the area of the continuous highest groundwater MtBE contamination until a permanent ' groundwater extraction system is installed.