SITE INFORMATION AND CORRESPONDENCE

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GEORGE DEUKMEJIAN,Governor 11111r GIONAL WATER QUALITY CONTROL BOARD—Y REGION -m ROUTIER ROAD /,ACRAMENTO. CA 95827-3098 ?. ECEIVLid 4 April 1990 FSPR 1990 'OOPER. !UNITE fr COOPEP Mr. Keith Howard Cooper, White & Cooper 1333 N. California Boulevard, Suite 450 Walnut Creek, CA 94596 GEWEKE LAND DEVELOPMENT AND MARKETING PROPERTY (GEWEKE) , 16 SOUTH CHEROKEE LANE, LODI - CLEANUP AND ABATEMENT ORDER NO. 90-702 We have received your 10 March 1990 letter responding to Cleanup and Abatement Order No. 90-702. Enclosed with the letter was an amended work plan for installing four additional ground water monitoring wells to identify the extent of impacts to water quality resulting from discharges of petroleum hydrocarbons at this site. The amended work plan appears adequate to comply with the first requirement of Order No. 90-702. Therefore, the amended work plan is accepted. In your letter you expressed your client's disappointment with the Order and indicated that your client would have been willing to complete the investigation voluntarily without formal enforcement action. Please be aware that this Board issues Cleanup and Abatement Orders where it deems such orders are necessary to protect water quality. These enforcement actions are not restricted to sites with uncooperative parties or those unwilling to conduct voluntary investigation and cleanup of discharges at their sites. The intent of this order is not to punish your client as you have suggested. Cleanup and Abatement Order No. 90-702 was issued to establish a reasonable time schedule for remediation which we believe was justified and necessary to protect water quality and to prevent the further migration of contaminants. You have stated that other sources may have contributed to the contamination. Even if there were evidence to support the claim that an off-site source contributed to the contamination, your client is still responsible for the investigation to define the extent, and cleanup of the contamination resulting from discharges at their site. We have addressed the provisions of the order which you and your client "find objectionable" as follows: 1 . Because the Order requires that the extent of impacts t0 ground water be defined, your client will have to install off-site wells on property which they do not control and, therefore, cannot obtain access. Investigation of discharges from leaking underground storage tanks frequently requires investigation off-site. Access to adjacent sites is usually arranged through negotiating cooperative access agreements. Regional Board staff may assist parties in gaining access for off-site investigations should the site owner's independent efforts fail . However, Geweke must first demonstrate a reasonable effort to gain access.