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Draft Cleanup and Abateme0rder No. R5-2008- ® -8- <br />Forward <br />8 - <br />Forward Landfill <br />San Joaquin County <br />outside of its region that could affect the quality of waters of the state within its <br />region shall furnish, under penalty of perjury, technical or monitoring program reports <br />which the Regional Water Board requires. The burden, including costs, of these <br />reports shall bear a reasonable relationship to the need for the report and the <br />benefits to be obtained from the reports". <br />32. The technical reports required by this Order are necessary to assure compliance <br />with this Order and the WDRs, and to protect the waters of the state. Existing data <br />and information about the site indicates that waste has been discharged or may <br />continue to be discharged at the property, which is currently owned and operated by <br />the Discharger named in this Order. <br />33. The issuance of this Order is an enforcement action taken by a regulatory agency <br />and is exempt from the provisions of the California Environmental Quality Act (Pub. <br />Resources Code, section 21000 et seq.), pursuant to California Code of <br />Regulations, title 14, section 15321(a)(2). The implementation of this Order is also <br />an action to assure the restoration of the environment and is exempt from the <br />provisions of the California Environmental Quality Act (Pub. Resources Code, <br />section 21000 et seq.), in accordance with California Code of Regulations, title 14 <br />sections 15308 and 15330. <br />34. Any person aggrieved by this action of the Central Valley Water Board may petition <br />the State Water Board to review the action in accordance with CWC section 13320 <br />and California Code of Regulations, title 23, sections 2050 and following. The State <br />Water Board must receive the petition by 5:00 p.m., 30 days after the date of this <br />Order, except that if the thirtieth day following the date of this Order falls on a <br />Saturday, Sunday, or state holiday, the petition must be received by the State Water <br />Board by 5:00 p.m. on the next business day. Copes of the law and regulations <br />applicable to filing petitions may be found on the Internet at: <br />hftp://www.waterboards.ca.gov/public_notices/petitions/water_quality or will be <br />provided upon request. <br />IT IS HEREBY ORDERED THAT, pursuant to CWC sections 13267 and 13304, <br />Forward Inc. and Allied Waste Industries, their agents, successors, and assigns, shall <br />investigate the discharges of waste, clean up the waste, and abate the effects of the <br />waste, forthwith, resulting from activities at the Forward Landfill (including the former <br />Austin Road Landfill), in conformity with State Board Resolution No. 92-49 Policies and <br />Procedures for Investigation and Cleanup and Abatement of Discharges Under Water <br />Code Section 13304, California Code of Regulations, Title 27, section 20380 et seq., <br />and the Central Valley Water Board's Water Quality Control Plan for the Sacramento <br />River and San Joaquin River Basins (in particular the Policies and Plans listed within <br />the Control Action Considerations portion of Chapter IV). "Forthwith" means as soon as <br />is reasonably possible. Compliance with this requirement shall include, but not be <br />limited to, completing the tasks listed below. <br />