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MONITORING AND REPORT ORDER NO. R5-2013-0800 • "2- <br /> 1904 CHARTER WAY <br /> STOCKTON, SAN JOAQUIN COUNTY <br /> responsible for the discharge because it operated an agricultural chemical <br /> distribution facility at the Site. <br /> 6. The Discharger shall not implement any changes to this Order unless and until a <br /> revised Order is issued by the Executive Officer. This Monitoring and Reporting <br /> Order replaces the requirements listed in Order No. R5-2002-0831, which was issued <br /> on 30 August 2002. <br /> 7. Prior to construction of any new groundwater monitoring or extraction wells, and prior <br /> to destruction of any groundwater monitoring or extraction wells, the Discharger shall <br /> submit plans and specifications to the Central Valley Water Board for review and <br /> approval. Once installed, all new monitoring wells shall be added to the monitoring <br /> program and shall be sampled and analyzed according to the schedule provided <br /> under the 'Required Actions' section. <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, or <br /> 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 to <br /> 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 />