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CLEANUP AND ABATEMENT ORDER NO R5-2003-0713 4 FRANK and SHERRI GUINTA, dba GUINTA ENTERPRISES JAMES and MARILYN RAMS EY, 2072 WEST YOSEMITE AVENUE MANTECA, SAN JOAQUIN COUNTY 17 The State Water Resources Control Board (State Board) has adopted Resolution No 92-49, the Policies and Procedures for Investigation and Cleanup and Abatement of Discharg es Under Water Code Section 13304 This Resolution sets forth the policies and procedures to be used dunng an investigation or cleanup of waste and requires that cleanup standards be consistent with State Board Resolution 68-16 Statement of Policy with Respect to Maintaining High Quality of Waters in California Resolution 92-49 and the Basin Plan establish the cleanup levels to be achieved Resolution 92-49 requires the waste to be cleaned up to background, or if that is not reasonable, to an alternative level that is the most stringent level that is economically and technologically feasible in accordance with Title 23 California Code of Regulations Section 2550 4 Any cleanup level alternative to background must (1) be consistent with the maximum benefit to the people of the state, (2) not unreasonably affect present and anticipated beneficial use of such water, and (3) not result in water quality less than that prescribed in the Basin Plan and applicable Water Quality Control Plans and Policies of the State Board 18 The State Board's adopted Water Quality Enforcement Policy states in part "At a minimuni, cleanup levels must be sufficiently stringent to fully support beneficial uses, unless the RWQCB allows a containment zone In the interim, and if restoration of background water quality cannot be achieved, this Cleanup and Abatement Order requires the discharger(s) to abate the effects of the discharge Abatement activities may include the provision of alternate water supplies " (Enforcement Policy, p 19 ) 19 Section 13304(a) of the California Water Code provides that 'Any person who has discharged or discharges waste into waters of the state in violation of arty waste discharge requirements or other order or prohibition issued by a regional board or the State Board, or who has caused or permitted, causes or permits, or threatens to cause om permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the regional board clean up the waste or abate the effects of the waste, or, in the case of threatened pollution or nuisance, take other necessary remedial action, including but not limited to, overseeing cleanup and abatement efforts Upon failure of any person to comply with the cleanup or abatement order, the Attorney General, at the request of the regional board, shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order In the suit, the court shall havejurisdiction to grant a prohibitory or mandatory ii yunction, either preliminary or pernianent, as the facts may warrant " 20 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 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 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 within its I