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Cease and Desist Order R5- 13-XXXX - 9 - San 9 -San Joaquin County Department of Public Works Corral Hollow Sanitary Landfill San Joaquin County Any time the RWQCB determines that the corrective action program does not satisfy the requirements of this section, the discharger shall, within 90 days of receiving written notification of such determination by the RWQCB, submit an amended report of waste discharge to make appropriate changes to the program. g. Title 27, section 20400, which states in part: (a) ...For each Constituent of Concern—, the discharger shall propose one of the following...: (1) Background Value— a concentration limit not to exceed the background value of that constituent as determined pursuant to §2041 5(e)(1 0)(A); (2) Value Redetermined Each Time—that the WDRs include a statement that, at any given time, the concentration limit for that COC will be equal to the background value of that constituent, as determined pursuant to §20415(e)(1 0)(B); or (3) CLGB —a concentration limit greater than background (CLGB) established pursuant to this section for a corrective action program. (b) ... Upon final approval by the RWQCB, each concentration limit and each statement shall be specified in WDRs... (c) Establishing a CLGB— For a corrective action program, the RWQCB shall establish a CLGB... only if the RWQCB finds that it is technologically or economically infeasible to achieve the background value for that constituent and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the CLGB is not exceeded. In making this finding, the RWQCB shall consider the factors specified in %d), the results of the engineering feasibility study submitted pursuant to §20425(c), data submitted by the discharger pursuant to §20425(4)(2) to support the proposed CLGB, public testimony on the proposal, and any additional data obtained during the evaluation monitoring program. (d) CLGB Ceiling — In no event shall a CLGB for a constituent of concern exceed the lowest concentration that the discharger demonstrates and the RWQCB finds is technologically and economically achievable. No provision of this section shall be taken to allow a CLGB for a constituent of concern to exceed the maximum concentration that would be allowed under other applicable statutes or regulations [e.g., Maximum Concentration Limits established under the federal Safe Drinking Water Act...]. 47. If the Discharger wishes the Board to consider concentration limits greater than background, then the Discharger shall submit an amended Report of Waste Discharge addressing all of the requirements set forth in section 20400 of Title 27. 48. Water Code section 13267, subdivision (b)(1) states 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... 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