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I CLEANUP AND ABATEMENT ORDER NO R5-2003-0713 5 FRANK and SHERRI GUINTA, dba GUINTA ENTERPRISES JAMES and MARILYN RAMSEY, 2072 WEST YOSEMITE AVENUE MANTECA, SAN JOAQUIN COUNTY ' region shall y furnish, under penalty o et ut , technical or inonitoj in prograin reports .fP J 3' g P g P 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 front 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 " 21 The technical reports required by this Order are necessary to assure compliance with this Order ' Existing data and information about the site indicate that waste has been discharged or is discharging at the site, which is owned or operated, or formerly owned or operated by the Dischargers named in this Order ' 22 Section 13304(c)(1) of the California Water Code provides 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 incurs ed in cleaning tip the waste, ' abating the effects of the waste, supervising cleanup or abatement activities, of taking other remedial action " �23 If the Dischargers fail to comply with this Cleanup and Abatement Order, the Executive Officer may request the Attorney General to petition the superior court for the issuance of an injunction ' 24 If the Dischargers violate this Cleanup and Abatement Order, then the Dischargers may be liable civilly in a monetary amount provided by the California Water Code ' 25 The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt from the provisions of the Califomia Environmental Quality Act (Public Resources Code, Section ' 21000 et seq ), pursuant to Section 15321(a)(2), Title 14, California Code of Regulations 26 Any person affected by this action of the Regional Board may petition the State Board to review ' the action in accordance with Title 23 Califomia Code of Regulations Sections 2050-2068 The State Board must receive the petition within 30 days of the date of this Order Copies of the law and regulations applicable to filing petitions will be provided upon request and are available at ' www swrcb ca gov REQUIRED ACTIONS IT IS HEREBY ORDERED that, pursuant to California Water Code Section 13304 and Section 13267, the Dischargers shall Investigate the discharges of waste, clean up the waste, and abate the effects of the waste, forthwith, resulting from activities at 2072 West Yosemite Avenue, Manteca, in conformance with State Board Resolution No 92-49 Policies and Procedtcres for Investigation and Cleanup and