SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT ORDER - 3 _ THE PORT OF STOCKTON, PUREGRO FEED, AND PACIFIC MOLASSES AG PRODUCTS 11. Section 13267(b) of the California Water Code provides that: "In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of 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." 12. Section 13304(c)(1) of the California Water Code states that: "... the person or persons who discharged the waste, discharges the waste, or threatened to cause or permit the discharge of the waste within the meaning of subdivision (a), are liable to that government agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects of the waste, supervising cleanup or abatement activities, or taking other remedial actions..." 13. According to Section 13267(c) of the California Water Code, "In conducting an investigation pursuant to subdivision (a), the regional board may inspect the facilities of any person to ascertain whether the purposes of this division are being met and waste discharge requirements are being complied with. The inspection shall be made with the consent of the owner or processor of the facilities, or if consent is withheld, with a warrant duly issued..." 14. The issuance of this Order is an enforcement action taken by a regulatory agency and, as such, is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et. seq.), in accordance with Section 15321, Title 14, California Administrative Code. 15. Any person affected by this action of the Board may petition the State Water Resources Control Board to review the action. The petition must be received by the State Board within 30 days of the date on which the Board took action. Copies of the law and regulations applicable to filing petitions will be provided upon request. IT IS HEREBY ORDERED that pursuant to Sections 13304 and 13267 of the California Water Code, the Port of Stockton, PureGro Feed, Pacific Molasses Ag Products, and Cargill Molasses Liquid Products shall: 1. Allow Regional Board staff reasonable access to the Port of Stockton property. Access is needed for activities such as facility inspections, observation of investigative and/or remedial activities, and the collection of split samples.