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CLEANUP AND ABATEMENT ORDER NO•007-0709 -9 J. GILBERT MOORS EILEEN A. MOORE,AND NEW WEST PETROLEUM. INC. NEW WEST PETROLEUM#10031FLAG CITY SHELL LODI, SAN JOAQUIN COUNTY uses, and establishes implementation policies to implement WQOs. The beneficial uses of the groundwater beneath the site are domestic, municipal, industrial, and agricultural supply. 33.The wastes detected at the site (MtBE, TBA, Benzene, Toluene) are not naturally occurring, and some are known human carcinogens (TBA, Benzene) or suspected carcinogens (MtBE). Pollution of groundwater with these wastes impairs or threatens to impair the beneficial uses of the groundwater. 34.WQOs listed in the Basin Plan include numeric WQOs, e.g., state drinking water maximum contaminant levels (MCLs), and narrative WQOs, including the narrative toxicity objective and the narrative tastes and odors objective for surface and groundwater. Chapter IV of the Basin Plan contains the Policy for Application of Water Quality Objectives, which provides that "(w]here compliance with narrative objectives is required (i.e., where the objectives are applicable to protect specified beneficial uses), the Water Board will, on a case-by-case basis, adopt numerical limitations in orders which will implement the narrative objectives." The numerical limits for the constituents of concern listed in the following table implement the WQOs. Constituent Limits WQO Reference Benzene 0.15 µg/I Toxicity California Public Health Goal OEHHA MTBE5 Ng/I Taste and Federal Register, Vol. 54, No. 97 Odor TBA 1 ppg/I Carcinogen, California Notification Levels based on (Department of Health Services) cancer risk pg/I= micrograms per liter OEHHA RBC = Office of Environmental Health Hazard Assessment Risk Based Criteria for Cancer Slope Factor 35.The constituents listed in Finding No. 15 are wastes as defined in California Water Code Section 13050(d). The groundwater exceeds the WQOs for the constituents listed in Finding No. 34. The exceeding of applicable WQOs in the Basin Plan constitutes pollution as defined in California Water Code Section 13050(1)(1). DISCHARGER LIABILITY 36.As described in Findings 1 and 2, the Dischargers are subject to an order pursuant to Water Code section 13304 because the Dischargers have caused or permitted waste to be discharged or deposited where it has discharged to waters of the state and has created, and continues to threaten to create, a condition of pollution or nuisance. The condition of pollution is a priority violation and issuance or adoption of a cleanup and abatement order pursuant to Water Code Section 13304 is appropriate and consistent with policies of the Water Board.