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CLEANUP AND ABATEMENT ORDER NO.R5-2002-0718 -3— CHEVRON 3— CHEVRON PRODUCTS COMPANY BANTA BULK FUEL TERMINAL BANTA, SAN JOAQUIN COUNTY prescribed in the Basin Plan and applicable Water Quality Control Plans and Policies of the State Board. 12. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into waters of the state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the state board,or who has caused or permitted,causes or 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 of the state and creates, or threatens to create,a condition of pollution or nuisance, shall upon order of the Regional Board clean up the waste or abate the effects of the waste, or,in the case of threatened pollution or nuisance, take other necessary remedial action,including but not limited to,overseeing cleanup and abatement efforts. Upon failure of any person to comply with the cleanup or abatement order,the Attorney General, at the request of the Regional Board,shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In any such suit,the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent,as the facts may warrant." 13. Section 13267(b) of the California Water Code provides 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." The technical reports required by this Order are necessary to assure compliance with Section 13304 of the California Water Code. Existing data and information about the site indicates that waste has been discharged or is discharging at the property, which is owned and operated by the Discharger ` named in this Order. 14. Section 13304(c)(1) of the California Water Code provides that: ". . .the person or persons who discharged the waste, discharges the waste,or threatened to cause or permit the discharge of the waste within the meaning of subdivision(a),are liable to that government agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects of the waste, supervising cleanup or abatement activities, or taking other ' remedial actions. . 015.. If the Discharger fails to comply with this Order, the Executive Officer may request the Attorney General to petition the superior court for the issuance of an injunction.