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CLEANUP AND ABATEMENT ORDER NO.R5-2004-0705 •
<br /> DELICATO VINEYARDS 3
<br /> WASTEWATER DISPOSAL SITE
<br /> SAN JOAQUIN COUNTY
<br /> California Code of Regulations, Division 4, Chapter 15. As described in Findings 7 through 10,
<br /> the discharges of waste have caused the groundwater to be degraded and exceed water quality
<br /> objectives. Concentrations of waste greater than the water quality objective constitutes pollution
<br /> as defined in California Water Code Section 13050.
<br /> 16. Surface water discharge is to the San Joaquin River via Lone Tree Creek. The beneficial uses of
<br /> the San Joaquin River as stated in the Basin Plan are municipal and domestic supply; agricultural
<br /> supply; industrial process supply; hydropower generation; water contact recreation; non-contact
<br /> recreation; warm freshwater habitat; cold freshwater habitat; migration of aquatic organisms;
<br /> spawning, reproduction, and/or early development; and wildlife habitat.
<br /> 17. The beneficial uses of the underlying groundwater as stated in the Basin Plan are municipal and
<br /> domestic supply, agricultural supply, industrial service supply, and industrial process supply.
<br /> 18. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or
<br /> discharges waste into waters of this state in violation of any waste discharge requirements or other order or prohibition
<br /> issued by a regional board or the state board,or who has caused or permitted,causes or permits,or threatens to cause
<br /> or permit any waste to be discharged or deposited where it is,or probably will be,discharged into the water of the
<br /> state,and creates,or threatens to create,a condition of pollution or nuisance, shall upon order of the regional board
<br /> clean up the waste or abate the effects of the waste, or,in case of threatened pollution or nuisance,take other
<br /> necessary remedial action,including but not limited to,overseeing cleanup and abatement efforts. Upon failure of any
<br /> person to comply with the cleanup or abatement order,the Attorney General,at the request of the board,shall petition
<br /> the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In
<br /> the suit,the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or
<br /> permanent,as the facts may warrant "
<br /> 19. Section 13267(b) of the California Water Code states: "In conducting an investigation specified in
<br /> subdivision(a),the regional board may require that any person who has discharged,discharges,or is suspected of
<br /> having discharged or discharging,or who proposes to discharge waste within its region,or any citizen or domiciliary,
<br /> or political agency or entity of this state who has discharged,discharges, or is suspected of having discharged or
<br /> discharging, or who proposes to discharge,waste outside of its region that could affect the quality of waters within its
<br /> region shall furnish,under penalty of perjury,technical or monitoring program reports which the regional board
<br /> requires. The burden, including costs,of these reports shall bear a reasonable relationship to the need for the report
<br /> and the benefits to be obtained from the reports. In requiring those reports,the regional board shall provide the person
<br /> with a written explanation with regard to the need for the reports,and shall identify the evidence that supports
<br /> requiring that person to provide the reports."
<br /> 20. Technical reports are required to ensure compliance with this C&A Order and WDRs Order No.
<br /> 96-077, and to ensure the protection of the public health and safety. The Discharger owns and
<br /> operates the facility at which the subject waste is discharged.
<br /> 21. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the
<br /> provisions of the California Environmental Quality Act (CEQA),pursuant to Section 15321(a)(2),
<br /> Title 14, California Code of Regulations.
<br /> 22. Any person affected by this action of the Regional Board may petition the State Water Resources
<br /> Control Board(State Board) to review the action in accordance with Section 2050 through 2068,
<br /> Title 23, California Code of Regulations. The petition must be received by the State Board within
<br /> 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions
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