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CLEANUP AND ABATEMENT ORDER NO. 5-00-700 • 3
<br /> FLAG CITY CHEVRON
<br /> 6421 CAPITOL AVENUE
<br /> LODI, SAN JOAQUIN COUNTY
<br /> 11. Section 13304(a) of the California Water Code provides that:
<br /> "Any person who has discharged or discharges waste into the waters of this state in violation ofany waste discharge
<br /> requirement or other order or prohibition issued by a regional board or the state board,or who has caused or permitted.
<br /> causes or permits,or threatens to cause or permit air) waste to be discharged or deposited where it is,or probably will be,
<br /> discharged into the waters ofthe state and creates, or threatens to create,a condition of pollutior.or nuisance,shall upon
<br /> order of the regional board cleanup such waste or abate the effects of the waste,or, in the case or threatened pollution or
<br /> nuisance, take other necessary remedial action, including,but not limited to,overseeing cleanup and abatement efforts.
<br /> Upon failure of any person to comply with the cleanup and abatement order,the Attorney General.at the request of the
<br /> board,shall petition the superior court for that countyfor the issuance of an injunction requiring the person to comp(v with
<br /> the order. In any such suit, the court shall have jurisdiction to grant a prohibitory or mandaton'injunction,either
<br /> preliminary orpermanent,as the fact may warrant."
<br /> 12. The Water Quality Control Plan for the Regional Water Quality Control Board, Central Valley
<br /> Region, (4th Edition) (Basin Plan) establishes beneficial uses and water quality objectives to
<br /> protect the beneficial uses. Water quality objectives for groundwater as specified in the Basin
<br /> Plan include primary and secondary maximum contaminant levels. Waste, including MTBE, has
<br /> been discharged to waters of the state at concentrations that exceed water quality objectives.
<br /> Exceedance of water quality objectives constitutes pollution. Therefore, waste, including MTBE,
<br /> has been discharged or deposited where it has created and continues to threaten to create a
<br /> condition of pollution or nuisance.
<br /> 13. Section 13267(b) of the California Water Code provides that:
<br /> "In conducting an investigation specified in subdivision(a),the regional board may require that any person who has
<br /> discharged,discharges,or is suspected ofdischarging,or is proposing to discharge waste within its region,or any citizen
<br /> or domiciliary,or political agency or entity ofthis state who has discharged,discharges, or is suspected ofdischarging,or
<br /> who proposes to discharge,waste outside its region that could affect the quality of waters within its region shall furnish,
<br /> under penalty ofperjury,technical or monitoring program reports which the regional board requires. The burden,
<br /> including costs,ofthese reports shall bear a reasonable relationship to the need for the report and the benefits to be
<br /> obtained from the reports."
<br /> 14. Title 23, Chapter 16, Article 5, Section 2652 (c and d) of the California Code of Regulations
<br /> requires the Discharger to submit quarterly reports containing the results of all corrective action
<br /> activities occurring during the previous three months.
<br /> 15. The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt
<br /> from the provisions of the California Environmental Quality Act,pursuant to Section
<br /> 15321(a)(2), Title 14, California Code of Regulations.
<br /> 16. Any person affected by this action of the Board may petition the State Water Resources Control
<br /> Board (State Board) to review the action in accordance with Title 23 of the California Code of
<br /> Regulations sections 2050-2068. The State Board must receive the petition within 30 days of the
<br /> date of this Order. Copies of the law and regulations applicable to filing petitions will be
<br /> provided on request. In addition to filing a petition with the State Board, any person affected
<br /> adversely by this Order may request the Regional Board to reconsider this Order. Such request
<br /> should be made within 30 days of the date of this Order. Note that even if reconsideration by the
<br /> Regional Board is sought, filing a petition with the State Board within the statutory time period is
<br /> necessary to preserve the petitioner's legal rights.
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