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CLEANUP AND ABATEMENT ORvqi_�R NO. R5-2007-0725 -low <br /> DOLLY MADISON/LANGENDORF BAKERY <br /> 1426 S. LINCOLN ST., ST'OCKTON <br /> SAN JOAQUIN COUNTY <br /> -5- <br /> 17.To date, the State Water Resource Control Board's Underground Storage Tank Cleanup <br /> Fund has not received a claim for the Site. However, Lorrie Greene and Timothy Kong <br /> have applied to the Orphan Sites Cleanup Account. Timothy Kong has agreed to conduct <br /> the work. Both parties responded to the draft Cleanup and Abatement Order issued <br /> 12 April 2007, and met with Regional Board staff on 30 May 2007. <br /> AUTHORITY — LEGAL REQUIREMENTS <br /> 18.Section 13304(a) of the California Water Code provides that: <br /> "Any person who has discharged or discharges waste into waters of the state in violation <br /> of any waste discharge requirements or other order or prohibition issued by a regional <br /> board or the state board, or who has caused or permitted, causes or permits, or threatens <br /> to cause or permit any waste to be discharged or deposited where it is, or probably will <br /> be, discharged into the waters of the state and creates, or threatens to create, a condition <br /> of pollution or nuisance, shall upon order of the regional board clean up the waste or <br /> abate the effects of the waste, or, in the case of threatened pollution or nuisance, take <br /> other necessary remedial action, including but not limited to, overseeing cleanup and <br /> abatement efforts. A cleanup and abatement order issued by the state board or a <br /> regional board may require the provision of. or payment for, uninterrupted replacement <br /> water service, which may include wellhead treatment, to each affected public water <br /> supplier or private well owner. Upon failure of any person to comply with the cleanup or <br /> abatement order, the Attorney General, at the request of the regional board, shall petition <br /> the superior court for that county for the issuance of an injunction requiring the person to <br /> comply with the order. In the suit, the court shall have jurisdiction to grant a prohibitory or <br /> mandatory injunction, either preliminary or permanent, as the facts may warrant." <br /> 19.Section 13304(f) of the California Water Code provides that: <br /> "Replacement water provided pursuant to subdivision (a) shall meet all applicable federal, <br /> state and local drinking water standards and shall have comparable quality to that <br /> pumped by the public water system or private well owner prior to the discharge of waste" <br /> 20.Section 13267(b)(1) of the California Water Code provides that: <br /> "In conducting an investigation specified in subdivision (a), the regional board may require <br /> that any person who has discharged, discharges, or is suspected of having discharged or <br /> discharging, or who proposes to discharge waste within its region, or any citizen or <br /> domiciliary, or political agency or entity of this state who has discharged, discharges, or is <br /> suspected of having discharged or discharging, or who proposes to discharge, waste <br /> outside of its region that could affect the quality of waters within its region shall furnish, <br /> under penalty of perjury, technical or monitoring program reports which the regional board <br />