SITE INFORMATION AND CORRESPONDENCE

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• CLEANUP AND ABATEMENT ORDER No�zo07-0709 -g- J. GILBERT MOORE, EILEEN A. MOORE,AND NEW WEST PETROLEUM, INC. NEW WEST PETROLEUM#1003/FLAG CITY SHELL LODI, SAN JOAQUIN COUNTY of MtBE removed by Chevron in four years of continuous pump and treatment. On 6 September 2006, interim groundwater pump and treatment with an NPDES discharge to the storm sewer began at the Site. Additional offsite investigations in shallow and deep hydrogeologic units completed in 2005 and 2006 revealed that the MtBE groundwater plume is migrating vertically through the aquifer towards the southeast and extends over 500 feet from the Site. 22. The exact cause of the release has not yet been determined. However, the Dischargers have identified a potential source of the release. The 17 November 2006 Dischargers comments to the Draft CAO, stated that it is "...entirely possible...contamination occurred through our spill buckets, which failed several annual tests (that were repaired the same day), and...the Gilbarco Vapor Vac system and vents could have released gasoline fumes containing MTBE prior to the change of law in 2003, of which everything was mandated to new, current equipment that prevents the vapors from escaping into the air, unlike its predecessor. The spill buckets were replaced...and that would explain why only MTBE remains..." 23.To date, the Dischargers have not evaluated threats from vapor intrusion to nearby buildings. In December 2005, results from EW-4 (210,000 pg/L) exceeded Region 2 Environmental Shallow Soil Screening Levels for MtBE for Commercial Groundwater Vapor Emissions to Indoor Air (80,000 pg/L). These MtBE levels may threaten public health of individuals in businesses near the groundwater plume. The pollution detected in groundwater are known carcinogens (TBA), or suspected carcinogens (MtBE). AUTHORITY — LEGAL REQUIREMENTS 24.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 any 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 or 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. A cleanup and abatement order issued by the state board or a regional board may require the provision of, or payment for, uninterrupted replacement water service, which may include wellhead treatment, to each affected public water supplier or private well owner. 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