SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT ORDER NO. R5-2007-0709 -2- J GILBERT MOORE. EILEEN A. MOORE,AND NEW WEST PETROLEUM, INC NEW WEST PETROLEUM#1003/FLAG CITY SHELL LODI, SAN JOAQUIN COUNTY San Joaquin County, approximately 7 miles west of Lodi, California, on the east side of Interstate 5 and south of Highway 12 (Attachment 1). 5. On 3 March 2005, the San Joaquin County Environmental Health Department (SJCEHD) issued an Unauthorized Release Form (URF) for a release of Methyl tert- Butyl Ether (MtBE) to groundwater at the Site. The URF lists the source and cause of the MtBE release as "Unknown". The MtBE release was discovered as a result of groundwater monitoring in wells placed in the downgradient groundwater direction from the Site UST system by the consultant for the nearby Flag City Chevron, to investigate the source of MtBE impacts to upgradient monitoring wells at the Flag City Chevron. On 14 May 2005, the Site was placed in the SJCEHD Local Oversight Program. 6. According to SJCEHD files, in a phone conversation with the Dischargers on 9 March 2005, SJCEHD requested a work plan to delineate the vertical and lateral extent of the MtBE groundwater plume within 60 days. The SJCEHD issued a directive letter on 15 July 2005, which required submittal of a work plan by 29 July 2005, proposing the installation of monitoring wells up to 200 feet offsite in the downgradient groundwater direction, while laterally and vertically defining the shallow groundwater MtBE plume from 10 feet to 45 feet depth. The Dischargers' consultant Apex Envirotech Inc. (APEX) submitted the work plan on 22 July 2005, and a SJCEHD letter approved the work plan on 27 July 2005. Six monitoring wells (MW-1, MW-2, MW-3A, MW-36, MW-4A, and MW-413, Attachment 2) were installed and sampled by 1 August 2005. MtBE was detected at 56,000 micrograms per Liter (Ng/L) in MW-3A and 7,400 ug/L in MW-313, located 20 feet downgradient of the Site LISTS in the A depth (shallow portion of single water bearing zone) at 10 to 25 feet below ground surface (bgs) and B depth (middle portion of single water bearing zone) at 25 to 45 feet bgs, respectively. MtBE was also detected at 360 pg/L in MW-4B located approximately 215 feet downgradient of the Site USTs. MtBE was not detected in the shallower well MW-4A at the same location. 7. Following the submittal of the 1 August 2005 MtBE sampling results, the SJCEHD verbally directed the Dischargers to begin monthly sampling of the Site monitoring wells. On 12 September 2005, Regional Board staff collected split groundwater samples from MW-4A and MW-4B, and from the municipal water supply wells for Flag City, County Supply Area 31 (CSA-31) Well 1 (located approximately 2,000 feet southeast of the Site) and Well 2 (located approximately 900 feet south-southeast of the Site). The Regional Board contract lab reported MtBE at 400 pg/L in groundwater from MW-4B, which was similar to the previous month's 360 pg/L result. MtBE was not detected in CSA-31 Well 1 or Well 2. Due to poor deeper regional water quality, public water supply options are reportedly limited. Currently CSA-31 Well 1 and Well 2 provide all of the public water supply for the Flag City commercial subdivision. 8. On 14 September 2005, Mr. Moore submitted an application to the SWRCB UST Cleanup Fund (Fund) for consideration of payment of APEX's investigative costs incurred by Mr. Moore. Submittal of the application indicates the applicant has a basic knowledge of the petroleum hydrocarbon release and contends the source of the