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A <br /> LE <br /> ENVIRON , NTAL HEALTH DEPARTMENT <br /> Pp U I N SAN JOAQUIN COUNTY <br /> Unit Supervisors <br /> t ;" `Z.► Donna K.Heran,R.E.H.S. Carl Borgman,R.E.H.S. <br /> A <br /> a< < Director 304 East Weber venue, Third Floor Mike Huggins,R.E.H.S.,R.D.I. <br /> Al Olsen,R.E.H.S. Stockton, California 95202-2708 Douglas W.Wilson,R.E.H.S. <br /> Program Manager Telephone: (209)468-3420 Margaret Lagorio,R.E.H.S. <br /> 4�iFoi Laurie A.Cotulla,R.E.H.S. Robert McClellon,R.E.H.S. <br /> Program Manager Fax: (209)464-0138 Mark Barcellos,R.E.H.S. <br /> TERRY BRAZELL JUN 2 0 2003 <br /> STATE WATER RESOURCES CONTROL BOARD <br /> DIVISION OF WATER QUALITY <br /> UNDERGROUND STORAGE TANK PROGRAM <br /> P 0 BOX 944212 <br /> SACRAMENTO CA 94244-2120 <br /> RE: PETITION, LOCAL OVERSIGHT PROGRAM, 2705 COUNTRY CLUB BOULEVARD, <br /> STOCKTON, CALIFORNIA, FILE NO. P03-215 <br /> San Joaquin County Environmental Health Department(EHD) provides the following response <br /> to your letter dated June 5, 2003, concerning the above referenced petition. EHD did not make <br /> an arbitrary decision, as stated in Palisades Gas and Wash, Inc. (Palisades) letter dated May 9, <br /> 2003, in naming Palisades as a responsible party and requiring them to perform further <br /> investigation and remediation. As you know, the California Underground Storage Tank <br /> Regulations contained in the California Code of Regulations and our Local Oversight-Program <br /> contract provide definitions for responsible party and Palisades is a responsible party according <br /> to those definitions. In addition, the Local Oversight Program contract Exhibit A—Scope of <br /> Work,Task 2: Identify and Notify Owner states that"Contractor shall make a determination of <br /> secondary responsibility only if: 1)The primary Responsible Party is performing corrective <br /> action and 2) It is clear that the party seeking secondary status did not in any way initiate or <br /> contribute to the actual discharge." In this case, as discussed herein, neither of those <br /> statements apply so EHD would not find Palisades to be of secondary responsibility. <br /> ExxonMobil, the responsible party performing corrective action at the site, sent EHD a letter <br /> dated May 30, 2002, containing the following statements "this recent dramatic increase in MTBE <br /> concentrations from non-detectable to 30,300 ug/L may indicate a new, unauthorized release <br /> associated with the current UST's has occurred" and "unauthorized releases have occurred <br /> which are not the responsibility of ExxonMobil". Thus, ExxonMobil would not take responsibility <br /> for performing corrective action for the newly detected MTBE. <br /> It is not clear that the current underground storage tank(UST) system owned and operated by <br /> Palisades Gas and Wash, Inc./USA Petroleum since November 1997 did not have an <br /> unauthorized release. In fact it is suspected that a release did occur. In July 2002, EHD filed <br /> an Unauthorized Release Report(URR) in response to detections of high concentrations of <br /> MTBE in groundwater samples collected from VEW3 in March and May 2002. EHD filed <br /> another URR in May 2003 based on the report comments for an Enhanced Leak Detection test <br /> performed in April 2003 at the USA Petroleum site. The following statements, "significant <br /> release of tracer R detected" (tracer placed in tank 3), "concentrations suggest a possible liquid <br /> release" and"possible source location near the sump of tank 3", are contained in the report. <br />