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CLEANUP AND ABATEMENT ORDER R5-2*XXX • -5- BUSTEZ ENTERPRISES, INC.AND H&H MARINA PROPERTIES,LLC H&H MARINA15135 EIGHT MILE ROAD,STOCKTON,SAN JOAQUIN COUNTY DISCHARGER LIABILITY 23.As described in Findings 1 through 19, the Dischargers are subject to an order pursuant to California Water Code section 13304 because the Dischargers have caused or permitted waste to be discharged or deposited where it has discharged to waters of the state and has created, and continues to threaten to create, a condition of pollution or nuisance. The condition of pollution is a priority violation and issuance or adoption of a cleanup and abatement order pursuant to CWC section 13304 and Health and Safety Code section 25296.10 is appropriate and consistent with policies of the Central Valley Water Board. 24.This Order requires investigation and cleanup of the Site in compliance with the California Water Code, the applicable Basin Plan, State Water Board Resolution No. 92-49, and other applicable Central Valley Water Board plans, policies, and regulations. 25.As described in Findings 1 through 19, the Dischargers are subject to an order pursuant to CWC section 13267 because existing data and information about the site indicate that waste has been discharged, is discharging, or is suspected of discharging, at the property, which is or was owned and/or operated by the Dischargers named in this Order. The technical reports required by this Order are necessary to assure compliance with CWC section 13304 and Health and Safety Code section 25296.10, including to adequately investigate and clean up the site to protect the beneficial uses of waters of the state, to protect against nuisance, and to protect human health and the environment. 26.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 (CEQA) (Pub. Resources Code, section 21000 et seq.), pursuant to California Code of Regulations, title 14, section 15321(a)(2). The implementation of this Order is also an action to assure the restoration of natural resources and/or the environment and is exempt from the provisions of the CEQA, in accordance with California Code of Regulations, title 14 sections 15307 and 15308. REQUIRED ACTIONS IT IS HEREBY ORDERED that, pursuant to California Water Code sections 13304 and 13267, and Health and Safety Code section 25296.10, the Bustez Enterprises, Inc. and H&H Marina Properties, LLC shall: 1. Immediately investigate the discharges of waste, clean up the waste, and abate the effects of the waste resulting from activities at the H&H Marina at 15135 Eight Mile Road, Stockton, San Joaquin County in conformance with State Water Board Resolution No. 92-49 Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304 and with the Central Valley Water Board's Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (in particular the Policies and Plans listed within the Control Action Considerations portion of Chapter IV). Compliance with this requirement shall include, but not be limited to, completing the tasks listed below by the dates listed.