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CLEANUP AND ABATEMENT ORDER - -3- <br /> SIMS-GRUPE MANAGEMENT CORPORATION <br /> STOCKTON, SAN JOAQUIN COUNTY <br /> 18. On 19 September 1991, the Board approved the ground water monitoring program <br /> proposed by Lincoln Properties, Ltd. The program requires quarterly sampling of <br /> most of the monitoring wells installed in Phases I and II and proposed for Phase <br /> III of the site investigation. This Order requires the Discharger to annually <br /> evaluate the monitoring program in light of the ongoing cleanup and to propose <br /> modifying or expanding the program accordingly. <br /> 19. The beneficial uses of San Joaquin County ground water this area are domestic, <br /> municipal , and agricultural . <br /> 20. Section 13304(a) of the California Water Code pr de part that, <br /> "Any person who has discharged or discharges waste into the waters of the t to in violation of any waste <br /> discharge requirement or other order or prohibition issued by regional boar o the state board, or who has <br /> caused or permitted, causes or permits, or threatens to cau r permit any waste to be discharged or deposited <br /> where it is, or probably will be, discharged into water the to and creates, or threatens to create, a <br /> condition of pollution or nuisance, shall upon order of h r nal board clean up such waste or abate the <br /> effects thereof or, in the case of a threatened pollution 'sance, take other necessary remedial action." <br /> 21 . The Discharger has caused or pe fitted was to be discharged where it has <br /> discharged to ground water and ha ted a co clition of pollution or nuisance. <br /> 22. Issuance of this Order is an enfor a ion taken by a regulatory agency and <br /> is exempt from the prteed <br /> ' he lifornia Environmental Quality Act (Public <br /> Resources Code Sectioq. pursuant to Section 15321(a) (2) , Title 14, <br /> of the California Coions. <br /> 23. Any person adverselyhis action of the Board may petition the State <br /> Water Resource ntreview the action. The petition must be received <br /> by the Stat s of the date of which the Board took action. <br /> Copies of law a regulations applicable to filing petitions will be provided <br /> upon reques . <br /> IT IS HEREBY ORDERED ursuant to §13304 of the California Water Code, that Lincoln <br /> Properties, Ltd. and Sims Grupe Management Corporation shall forthwith clean up and <br /> abate the pollution and threatened pollution by taking all necessary actions. <br /> "Forthwith" means as soon as possible, but no later than the dates specified below. <br /> Actions include but are not limited to: <br /> 1 . Implement Phase III of the site investigation, as approved. The site <br /> investigation shall define the horizontal and vertical extent of soil and ground <br /> water contamination, both on and off the Lincoln Village Center property, <br /> migrating from previously, presently, and potentially leaking sewer lines which <br /> are: <br /> (1) on the Lincoln Village Center property and <br /> (2) off the Lincoln Village Center property, and which transported wastes <br /> initially discharged to sewer lines on the Lincoln Village Center property. <br /> The locations of samples containing no pollutants detectable by the most sensitive <br /> standard EPA analytical method shall define the vertical and lateral extent of <br /> soil and ground water pollution. <br />