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N - - MONITORING AND REPORTING PROGRAM ORDER NO. R5-2008-0149-010 i BARNES TRUCKING FACILITY SAN JOAQUIN COUNTY The Discharger proposes to conduct a first event (pilot study), to be followed by full implementation depending upon the success of the pilot study, for remediating the existing petroleum hydrocarbon impacts using in-situ chemical oxidation. The Discharger proposes to inject 345% concentration hydrogen peroxide with appropriate iron catalyst via ten to twenty well points, at various locations within the identified boundary seen in the attached Figure 3. The Discharger will also be conducting the applicable sampling and reporting. Pilot test and sampling results will be evaluated by San Joaquin County Environmental Health Department j Staff (Lead Regulatory Agency) with Board staff concurrence, prior to approval to proceed with full remedial implementation. On-site dewatering will draw the injected chemicals into the center of the treatment area (source zone) of the site. Four 244nch extraction wells have been proposed for this purpose. Adequate fail-safe alternates (stop chemical injection and monitor the groundwater as aquifer conditions return to baseline) are to be contained within the Discharger's proposal, should adverse water quality conditions, such as the release of heavy metals, occur. LEGAL REQUIREMENTS 4. CWC section 13267 states, in relevant part: (a) A regional board . . . 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. (b)( 1 ) 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 ... 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. The Discharger has submitted a Notice of Intent to the Board indicating that they are responsible for the project subject to Order R5-2008-0149. The reports required herein are necessary to I, ensure compliance with Order R5-2008-0149. 5 . CWC section 13268 states, in relevant part: (a)(1 ) Any person failing or refusing to furnish technical or monitoring program reports . . . or falsifying any information provided therein, is guilty of a misdemeanor, and may be liable civilly in accordance with subdivision (b). 11 . (b)(1 ) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (cominencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed one thousand dollars ($ 1 ,000) for each day in which the violation occurs. Page 2 of 8