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MONITORING AND REPORTING PROGRAM ORDER NO. R5-2008-0149-010 2 PARKINSON'S HAMMER 1-5 ARCO SAN JOAQUIN COUNTY implementation of this remedial alternative, depending upon the success of the pilot study, for remediating the residual fuel hydrocarbon and oxygenate impact to groundwater. The Discharger proposes to inject 03 and H2O2 into dual-completion injection wells at four locations (as shown on the attached Figure 3; IW-1 through IW-4). During the proposed study, the Discharger will perform applicable monitoring, sampling and reporting. Pilot test and sampling results will be evaluated by RWQCB staff, prior to approval to proceed with full remedial implementation. Adequate fail-safe alternates (stop injection and monitor as aquifer conditions return to baseline) are contained within the Discharger's proposal (Work Plan for Pilot-Scale 03IH2O2 Injection Test, dated June 22, 2010) should adverse water quality conditions occur due to the injection of oxidants. 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 (NOI) to the Board indicating that they are responsible for the project subject to Order R5-2008-0149. The reports required herein are necessary to 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). (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. (c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, who knowingly fails or refuses to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, or who knowingly falsifies any information provided in those technical or monitoring program reports, is guilty of a misdemeanor, may be civilly liable in accordance with subdivision (d)...