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CLEANUP AND ABATEMENT ORDER NO. 5-00-707 4 <br /> FORMER UNOCAL AND MONTGOMERY WARDS <br /> 5606 AND 5400 PACIFIC AVENUE, STOCKTON <br /> SAN JOAQUIN COUNTY <br /> 13. Section 13267(b) of the California Water Code provides that: <br /> "!n conducting an investigation specified in subdivision(a), the regional board may require that any person wh has <br /> discharged, discharges, or is suspected of discharging, or is proposing to discharge waste within its region, or any citizen <br /> or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected ofdischarging, or <br /> who proposes to discharge, waste outside its region that could affect the quality ofwaters within its region shalt furnish, <br /> under penalty ofperjury, technical or monitoring program reports which the regional board requires. The bur n, <br /> including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits tp be <br /> obtained from the reports." <br /> 14. Title 23, Chapter 16, Article 5, Section 2652 (c and d) of the California Code of Regula ons <br /> requires the Discharger to submit quarterly reports containing the results of all correctiv action <br /> activities occurring during the previous three months. <br /> 15. The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt <br /> from the provisions of the California Environmental Quality Act, pursuant to Section <br /> 15321(a)(2), Title 14, California Code of Regulations. <br /> 16. Any person affected by this action of the Board may petition the State Water Resources Control <br /> Board (State Board) to review the action in accordance with Title 23 of the California C de of <br /> Regulations sections 2050-2068. The State Board must receive the petition within 30 d ys of the <br /> date of this Order. Copies of the law and regulations applicable to filing petitions will b <br /> provided on request. In addition to filing a petition with the State Board, any person affected <br /> adversely by this Order may request the Regional Board to reconsider this Order. Such i equest <br /> should be made within 30 days of the date of this Order. Note that even if reconsideration by the <br /> Regional Board is sought, filing a petition with the State Board within the statutory time period is <br /> necessary to preserve the petitioner's legal rights. <br /> IT IS HEREBY ORDERED that, pursuant to Sections 13267 and 13304 of the California Wa er Code, <br /> the Discharger shall: <br /> 1. Clean up the petroleum hydrocarbons and abate forthwith, the existing and threatened effects of <br /> petroleum hydrocarbons that have, and continue to be, discharged to soil and groundwater from <br /> this site. "Forthwith"means as soon as reasonably possible, but in any event, no later tf.an the <br /> deadlines imposed by this Order. <br /> Site-Specific Investigation and Cleanup Tasks for Unocal and Wards Sites Com liance Date <br /> 2. Work cooperatively with Delta staff to provide a short-term alternative 15 Septemb ar 2000 <br /> irrigation water source that is capable of supplying the demand required <br /> by Delta. <br />