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i CLEANUP AND ABATEMENT OR NO.R5-2009-XXXX,ATTACHMENT A • 4' BUSTEZ ENTERPRISES,INC.AND &H MARINA PROPERTIES,LLC H&H MARINA,15135 EIGHT MILE ROAD,STOCKTON,SAN JOAQUIN COUNTY reports, which may include work plans, the analytical results of investigation activities, and the site history for contaminated properties. 1. CWC section 13267(a) states, in relevant part, that: A regional board, in establishing or reviewing any water quality control plan or waste discharge requirements, or in connection with any action relating to any plan or requirement authorized by this division, may investigate the quality of any waters of the state within its region. 2. CWC section 13267(b)(1) states that: In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of 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. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports. 3. H&SC section 25296.10(c)(1) provides that: ...the owner, operator, or other responsible party shall prepare a work plan that details the correctiveaction the owner, operator, or other responsible party shall take to comply with the requirements of subdivisions (a) and (b) and the corrective action regulations adopted pursuant to Section 25299.3. These code sections allow the Central Valley Water Board to require the submittal of technical reports. The main body of the Cleanup and Abatement Order contains the reasons why the Board is requiring submittal of the reports, as well as a justification that balances the need for the reports against the burden of submitting the reports. If the Cleanup and Abatement Order involves the cleanup of toxic substances, including carcinogenic substances, then the need for these reports usually is very high. V. Enforcement Authority 1. CWC section 13268 states, in relevant part: (a)(1)Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, or failing or refusing to furnish a statement of compliance as required by subdivision (b) of Section 13399.2, or falsifying any information provided therein, is guilty of a misdemeanor, and may be liable civilly in accordance with subdivision (b).