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TENTATIVE WASTE DISCHARGE REQUIREMENTS ORDER NO. -8- WASTE DISCHARGE REQUIREMENTS FOR CLOSURE, POST CLOSURE AND CORRECTIVE ACTION OF SURFACE IMPOUNDMENTS AT KRUGER FOODS, INC -SMS BRINERS VEGETABLE BRINING FACILITY SAN JOAQUIN COUNTY 37. Section 13268 of the California Water Code provides that: (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 famish 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), and (b) (1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing 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 PROCEDURAL REQUIREMENTS 38. All local agencies with jurisdiction to regulate land use, solid waste disposal, air pollution, and to protect public health have approved the use of this site for the discharges of waste to land stated herein. 39. The Regional Board notified the Discharger and interested agencies and persons of its intent to prescribe waste discharge requirements for this discharge, and has provided them with an opportunity for a public hearing and an opportunity to submit their written views and recommendations. 40. The Regional Board, in a public meeting,heard and considered all comments pertaining to the discharge. 41. Any person affected by this action of the Regional Board may petition the State Water Resources Control Board to review the action in accordance with Sections 2050 through 2068, Title 23, California Code of Regulations. The petition must be received by the State Water Resources Control Board, Office of Chief Counsel, P.O. Box 100, Sacramento, California 95812, within 30 days of the date of issuance of this Order. Copies of the laws and regulations applicable to the filing of a petition are available on the Internet at hqp://www.swrcb.ca.gov/water laws/index.html and will be provided on request. IT IS HEREBY ORDERED pursuant to Sections 13263 and 13267 of the California Water code that Order No. 92-053 is rescinded, and that the Kruger Foods/SMS Briners', its agents, successors, and assigns,in order to meet the provisions of Division 7 of the California Water Code and the regulations adopted there under, shall comply with the following: