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MONITORING AND REPORTING ORDER NO.R5-2012-0805 L&M OPERABLE UNIT STOCKTON,SAN JOAQUIN COUNTY -2- 4. 2_4. This Monitoring and Reporting Order is issued by the Central Valley Water Board, pursuant to California Water Code (CWC) section 13267 and is necessary to delineate groundwater pollutant plumes and to determine whether remediation efforts are effective. 5. Existing data and information about the Site show the presence of various chemicals, including total petroleum hydrocarbons (TPH), benzene, toluene, ethylbenzene, xylenes (BTEX), metals, volatile organic compounds (VOCs), and semi-volatile organic compounds, resulting from the Discharger's past operation. The Discharger is responsible for the soil and groundwater impacts at the Site because they owned and operated a bulk fuel facility on the Site during the estimated time period the releases occurred. 6. The Discharger shall not implement any changes to this Order unless and until a revised Order is issued by the Executive Officer. This Monitoring and Reporting Order replaces the requirements listed in Order No. 135-2004-0820, which was issued on 6 May 2004. 7. Prior to construction of any new groundwater monitoring or extraction wells, and prior to destruction of any groundwater monitoring or extraction wells, the Discharger shall submit plans and specifications to the Central Valley Water Board for review and approval. Once installed, all new monitoring wells shall be added to the monitoring program and shall be sampled and analyzed according to the schedule below. LEGAL PROVISIONS 8. CWC section 13267 states, in part: (b)(1) In conducting an investigation, 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 . . . 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 those 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 that supports requiring that person to provide the reports. The reports required herein are necessary for the reasons described in this Order, to assure protection of waters of the state, and to protect public health and the environment. 9. CWC section 13268 states, in part: (a)(1)Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267 . . . or falsifying any information provided therein is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b).