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r • • <br /> CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> CLEANUP AND ABATEMENT ORDER NO. R5-2007-0709 <br /> FOR <br /> MR. J. GILBERT MOORE, MS. EILEEN A. MOORE, AND NEW WEST STATIONS, INC. <br /> NEW WEST PETROLEUM #1003/FLAG CITY SHELL <br /> 6437 W. BANNER ST., LODI, SAN JOAQUIN COUNTY <br /> This Order is issued to Mr. J. Gilbert Moore, Ms. Eileen A. Moore, and New West Stations, Inc. <br /> hereafter referred to as Dischargers, based on provisions of California Water Code section <br /> 13304, which authorizes the California Regional Water Quality Control Board, Central Valley <br /> Region (hereafter Water Board) to issue a Cleanup and Abatement Order (Order), and Water <br /> Code section 13267, which authorizes the Water Board to require preparation and submittal of <br /> technical and monitoring reports. <br /> The Executive Officer finds, with respect to the Dischargers' acts or failure to act, the following: <br /> PROPERTY OWNERSHIP AND OPERATIONS <br /> 1. Based on San Joaquin County Grant Deed dated 19 December 1995, the Flag City, <br /> L.P. sold the property to Mr. J. Gilbert Moore and Ms. Eileen A. Moore. Mr. J. Gilbert <br /> Moore and Ms. Eileen A. Moore are subject to this Order because they owned the <br /> property at the time the tank system caused or permitted waste to be discharged to <br /> waters of the state where it has created a condition of pollution or nuisance. <br /> 2. New West Stations, Inc. is subject to this Order because it operated the tanks at the <br /> time the tank system caused or permitted waste to be discharged to waters of the <br /> state where it has created a condition of pollution or nuisance. According to <br /> Mr. Moore's Application to the SWRCB Cleanup Fund, New West Stations, Inc. <br /> operated the UST system at the time of the UST release. Regional Board staff <br /> researched the Internet's California Business Portal, which shows that New West <br /> Stations, Inc. is currently listed as an active and registered corporation in the State of <br /> California (#C1864564) with Mr. J. Gilbert Moore listed as the Agent for Service <br /> Process. <br /> BACKGROUND <br /> 3. The Site is an operating Shell-branded service station. Three underground storage <br /> tanks (USTs), two 10,000-gallon gasoline and one 20,000-gallon diesel, installed in <br /> 1996, are currently in use. <br /> 4. In 1995, Mr. J. Gilbert Moore and Ms. Eileen A. Moore purchased the Site's <br /> commercial lot from the Flag City, L.P, which developed agricultural lands into a <br /> commercial subdivision now called Flag City. The Site is located in unincorporated <br />