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h CLEANUP AND ABATEMEN ORDER NO 5-00-700 ' FLAG CITY CHEVRON W6 421 CAPITOL AVENUE ODI, SAN JOAQUIN COUNTY 11 Section 13304(a) of the California Water Code pro%ides that Any person who has discharged or dischagcs waste rnlo the waters of this slate tnr violation of ani waste discharge requirement or other order or prohibition isTued by a regional board or the state board or who has caused or pernatted causes or permits or threatens to cause o+permit ani waste to be discharged or deposited where it is or probable will be discharged into the waters of the state and creates or threatens to create a condition ofpolluttorn or rnnsance shall upon order of the regional board cleanup such waste or abate the meets of the haste or in the case of threatened pollution or nuisance, lake other necessary remedial action including but not limited to overseeing cleanup and aboiement efforts Upon failure of any person to comply with the cleanup and abatement order the Attorney General at the request of the board shall petition the superior court for that county for the issuance of an injunction requiring the person to comph,with the order in aril such suit the court shall have jurisdiction to grant a prohrbitory or mandator injunction either preltnnnary or permanent as the fact tnaj warrant 12 The Water Quality Control Plan for the Regional Water Quality Control Board, Central Valley Region, (4t'' Edition) (Basin Plan) establishes beneficial uses and water quality objectives to protect the beneficial uses Water quality objectives for groundwater as specified in the Basin Plan include primary and secondary maximum contaminant levels Waste, including MTBE, has been discharged to waters of the state at concentrations that exceed water quality objectives Exceedance of water quality objectives constitutes pollution Therefore, waste, including MTBE. has been discharged or deposited where it has created and continues to threaten to create a condition of pollution or nuisance 13 Section 13267(b) of the California Water Code provides that In conducting an investigation specified in subdivision (a) the regional board may require that an) person who has discharged, discharges or is suspected of discharging or Ls proposing to discharge waste within its t egion or any clazen or domiciliary or political agency or entity of this state who has discharged discharges, or is suspected of discharging,or who proposes to discharge waste outside its region that could affect the quality of waters within its region shall furnish under penalty of perjury, technical or monitoring program reports which the regional board requires The burden, including costs of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports ' 14 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 ple'vious three months 15 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 16 Any person affected by tlus 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 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