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CLEANUP AND ABATEMENT ORDER NO.R5-2002-0149 -4 - MUSCO FAMILY OLIVE COMPANY AND THE STUDLEY COMPANY WASTEWATER TREATMENT AND LAND DISPOSAL FACILITY SAN JOAQUIN COUNTY the suit,the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent,as the facts may warrant." 20. Section 13267(b) of the California Water Code states: "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 person 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 of the state 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 these 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 requiring that person to provide the reports." 21. The technical reports required by this Order are necessary to ensure compliance with Waste Discharge Requirements Order No. R5-2002-0148 and the limits and conditions contained in this Order. The Discharger operates the facility that discharges the waste subject to this Order. 22. Failure to comply with this Order may result in further enforcement action, including the assessment of an Administrative Civil Liability(ACL) pursuant to sections 13268, 13271, and 13350 of the CWC and/or referral to the Attorney General for assessment of judicial civil liability and/or injunctive relief. 23. The issuance of this Order is an enforcement action by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act,pursuant to Section 15321(a)(2), Title 14, California Code of Regulations. 24. Any person affected by this action of the Regional Board may petition the State Water Resources Control Board(State Board) to review the action in accordance with Section 2050 through 2068, Title 23, California Code of Regulations. The petition must be received by the State Board within 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions will be provided upon request. In addition to filing a petition with the State Board, any person affected adversely by this Order may request the Regional Board to reconsider this Order. Such request should be made within 30 days of the date of this Order. Note that, even if reconsideration by the Regional Board is sought, filing a petition with the State Board within the statutory period is necessary to preserve the petitioner's legal rights. IT IS HEREBY ORDERED that, pursuant to Sections 13304 and 13267 of the California Water Code, Musco Family Olive Company and the Studley Company shall comply with Waste Discharge Requirements Order No. R5-2002-0148, and any revisions thereto, subject to the compliance schedule presented below. Compliance with this requirement shall include, but not be limited to, the following measures: 1. The Discharger shall immediately comply with all requirements of WDRs Order No. R5-2002-0148 except as described below. Nothing in this Cleanup and Abatement Order shall be construed as authorization to discharge wastewater into the surface drainage or off the Discharger's property.