SITE INFORMATION AND CORRESPONDENCE

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Ms. Jill Jefferson - 3 - • 16 July 1999 Work' section of the annual report is intended to be a work plan which KMEP proposes to implement. In an effort to get moving on the cleanup of a site that has had only marginal progress, Board staff will accept it as a work plan. Thus, the proposal to install a soil vapor extraction well network and perform subsequent effectiveness testing is approved. Also, the deep groundwater investigation is approved on the condition that KMEP moves the investigation location along the former pipeline closer to N-7. The California Water Code Section 13267 states, in part: "In conducting an investigation specified in subdivision (a),the regional board may require that any person who has discharged, discharges, or is suspected of discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury,technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports." Pursuant to Section 13267 of the California Water Code, Kinder Morgan Energy Partners is hereby required to submit the following technical or monitoring program reports by the dates shown. 1. By 4 August 1999, a response to the above comments. 2. By 16 August 1999, a report providing KMEP's assessment of the MTBE in Trapper Slough. 3. By 16 August 1999, your comments on the draft revised MRP. 4. By 31 August 1999, a report for the installation and sampling of MW-20. 5. By 31 August 1999, your NPDES application (Forms 1, 2D and 200). 6. By 10 September 1999, a report of findings for the deeper groundwater investigation including a work pian and schedule to install monitoring wells in the deeper groundwater. 7. By 10 September 1999, a work plan and schedule to conduct a capture zone analysis. 8. By 22 October 1999, a report of findings for the installation and evaluation of the soil vapor extraction well network. Failure to complete and submit the required reports could lead to fines authorized by Section 13268 of the Waster Code, which states: "(a)Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision(b) of Section 13267... is guilty of a misdemeanor and may be liable civilly in accordance with subdivision(b).