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Mr. James Fisk IP -2 - • 27 July 2004 <br /> J &L Market, 8125 S. El Dorado Street, French Camp <br /> (SJCEHD - see cc: below) and this Regional Board. You will also need to obtain any required SJCEHD <br /> permits for the monitoring wells and well abandonment. <br /> In addition, Title 23, Division 3, Chapter 16, Article 5, Section 13267 of the California Code of <br /> Regulations states, in part: <br /> "(b)(1) In conducting an investigation..........., the regional board may require any person who <br /> has discharged, discharges, or is suspected of having discharged or discharging, or who proposes <br /> to discharge waste within its region...shall furnish, under penalty of perjury, technical...reports <br /> which the regional board requires. The burden, including costs, of these reports shall bear a <br /> reasonable relationship to the need for the report and the benefits to be obtained from the reports. <br /> In requiring those reports, the regional board shall provide the person with a written explanation <br /> with regard to the need for the reports, and shall identify the evidence that supports requiring that <br /> person to provide the reports" <br /> Failure to submit the required Report and electronic data submittals by 15 September 2004 may result in <br /> additional enforcement action,which may include the assessment of administrative civil liabilities <br /> pursuant to Water Code Section 13268. <br /> CWC Section 13268 states, in part: <br /> "(a)Any person failing or refusing to furnish technical...reports as required by subdivision (b) of <br /> Section 13267... or falsifying any information provided therein, is guilty of a misdemeanor and <br /> may be liable civilly in accordance with subdivision (b). <br /> (b)(1) Civil liability may be administratively imposed by a regional board in accordance with <br /> Article 2.5 (commencing with Section 13323) of chapter 5 for a violation of subdivision (a) in an <br /> amount which shall not exceed one thousand dollars ($1,000)for each day in which the violation <br /> occurs." <br /> Compliance with Regional Board requirements is mandatory in order to be eligible for reimbursement of <br /> corrective action costs from the State Underground Storage Tank(UST) Clean-Up Fund. Failure to <br /> submit complete reports, including EDF data,may result in a loss of your UST Clean-Up Fund <br /> eligibility. Failure to receive UST Clean-Up Funding or pre-approval of costs does not excuse you from <br /> complying with this Order. <br /> If you have any questions,please call James Barton at(916) 464-4615. <br /> THOMAS R. PINKOS <br /> Executive Officer <br /> cc: Mr. Mark Owens, UST Clean-Up Fund, SWRCB, Sacramento <br /> Mr. Michael Infurna, San Joaquin County Environmental Health Department, <br /> 304 East Webber Avenue, Third Floor, Stockton, CA 95202-2708 <br /> Dr. Victor Cherven, Upgradient Environmental Consultants, Stockton <br />