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CLEANUP AND ABATEMENT ORDER NO. 87--734 -2- '— TRINKL.E AND BOYS AG FL..YING SERVICE, INC. ,AN JOAQUIN COUNTY _ 9. On 23 June 1937, Board staff met with the Discharger and a consultant to discuss the work plan request. On 25 August 1987, the Discharger informed staff that the consultant had submitted a proposal for ground water monitoring, but the Discharger would not proceed to implement the mon- itoring due to the potential expense involved. 10 &c'- ion 13304 ( x) of the California Water Code provides that, "Any person ,r who has discharged or discharges waste into the waters of this state in violation of any hast ! discharge requirements or other order or prohibition i Ssued by a re-1 onal board or the stag board, or who has caused or permitted, cause-; ur permits, or threatens to cause or permit any waste to be discharged or deposited where it is , or probably will be, discharged into the waters C)f the state and creates , or threatens to create, a condition of pollution or nuisance, shall upon order of the regional board clean up such waste or ,abate the effects thereof or, in the case of threatened pollutJ on or nuisance, take other necessary remedial action. Upon failure of any person to comply with such cleanup or abatement order, the Attorney General , at the request of the board , shall petition the superior court for th:3t county for the issuance of an injunction requiring such person to Comply therewith. In any such suit, the court shall have jurisdiction to (lrant a prohibitory or mandatory injunction, either preliminary or permanent, as the farts may warrant. " 11. 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 , pursuant to Section 15321 ( a) (2) , Title 14, California Administrative Code, Any person affected adversely by this action of the Board may petition the State Water Resources Control Board to review the action. The petition must be received by the State Board within 30 days of the date on which the Board took action_ Copies of the law and regulations applicable to filing petitions will be provided on. request. Ii IS HEREBY ORDERED that, pursuant to Section 1.3304 of the California Water Code., Trinkle and Boys Flying Ag Service, Inc. shall clean up wastes and abate threatened pollution by conducting the following activities by the specified dates- Activity Completion Date .. 1. Submit to the Board for, review and approval 25 November. 1987 a sampling and analysis work plan which includes at a minimum the steps necessary to: a.- Characterize thrr physical properties of soils in the disposal area.