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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> CLEANUP AND ABATEMENT ORDER NO. R5-2009-XXXX <br /> FOR <br /> BUSTEZ ENTERPRISES, INC. AND <br /> H&H MARINA PROPERTIES, LLC <br /> H&H MARINA <br /> 15135 EIGHT MILE ROAD, STOCKTON, SAN JOAQUIN COUNTY <br /> ATTACHMENT A <br /> AUTHORITY— LEGAL REQUIREMENTS <br /> and <br /> GENERAL REQUIREMENTS <br /> AUTHORITY— LEGAL REQUIREMENTS <br /> The following laws and regulations authorize the Central Valley Regional Water Quality <br /> Control Board (Central Valley Water Board or Board) to issue Cleanup and Abatement <br /> Orders (CAOs) to persons who have participated in actions that have led to actual or <br /> threatened water contamination. <br /> I. Legal Authority over Responsible Parties/Dischargers (hereafter "Responsible <br /> Parties"): These laws and regulations give the Central Valley Water Board the legal <br /> authority to hold persons responsible for cleanup activities. <br /> 1. California Water Code (CWC) section 13304(a) states, in relevant part, that: <br /> Any person who has discharged or discharges waste into waters of the state in <br /> violation of any waste discharge requirements or other order or prohibition issued <br /> by a regional board or the state board, or who has caused or permitted, causes <br /> or permits, or threatens to cause or permit any waste to be discharged or <br /> deposited where it is, or probably will be, discharged into the waters of the state <br /> and creates, or threatens to create a condition of pollution or nuisance, shall <br /> upon order of the regional board clean up the waste or abate the effects of the <br /> waste, or, in the case of threatened pollution or nuisance, take other necessary <br /> remedial action, including but not limited to, overseeing cleanup and abatement <br /> efforts. <br /> 2. CWC section 13050(d) defines "waste" to include: <br /> ... sewage and any and all other waste substances, liquid, solid, gaseous, or <br /> radioactive, associated with human habitation, or of human or animal origin, or <br /> from any producing, manufacturing, or processing operation, including waste <br /> placed within containers of whatever nature prior to, and for purposes of, <br /> disposal. <br />