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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION CLEANUP AND ABATEMENT ORDER NO. R5-2010-XXXX FOR BUSTEZ ENTERPRISES, INC., H&H MARINA PROPERTIES, LLC, AND HERMAN AND HELEN'S MARINA, INC. H&H MARINA 15135 EIGHT MILE ROAD, STOCKTON, SAN JOAQUIN COUNTY This Order is issued to Bustez Enterprises, Inc., H&H Marina Properties, LLC, and Herman & Helen's Marina, Inc., hereafter jointly referred to as Dischargers, based on provisions of California Water Code (CWC) section 13304 and Health and Safety Code section 25296.10, which authorize the California Regional Water Quality Control Board, Central Valley Region (hereafter Central Valley Water Board or Board) to issue a Cleanup and Abatement Order (Order), and CWC section 13267, which authorizes the Central Valley Water Board to require the preparation and submittal of technical reports. With respect to the Dischargers, the Executive Officer of the Central Valley Water Board makes the following findings: PROPERTY OWNERSHIP AND OPERATIONS 1. H&H Marina is located at 15135 Eight Mile Road in Stockton, San Joaquin Countty (Site). The marina operation is located on three San Joaquin County Assessor's Parcel Numbers (APNs). The marina itself is comprised of offices and slips primarily located on barges that float on APN 069-080-21, which is the waterway.,The primary pollution source, the groundwater monitoring wells, and the dissolved and adsorbed petroleum contaminants are located on APNs 069-010-10 and 069-080-01. The owner of APN 069-010-10 is listed by the San Joaquin County Assessor's Office as Delta Farms/Reclamation District 2029. The owner of APN 069-080-01 is listed as Empire Fields LLC. 2. H&H Marina was previously named Herman and Helen's Marina while under the ownership of Herman and Helen's Marina, Inc. from 1978 to 2007. Mr. David M. Smith is the Agent for Service of Process for Herman and Helen's Marina, Inc. In March 2007, Bustez Enterprises, Inc (Bustez) purchased Herman & Helen's Marina from Herman & Helen's Marina, Inc. and renamed it H&H Marina. In October 2007, Bustez sold the real property to H&H Marina Properties, LLC, which leases it to Bustez to operate the marina. H&H Marina Properties, LLC is comprised of three members that include Mr. Greg Torlai, Mr. Joe Fosso, and Mr. Joe Zyder. San Joaquin County records list the current property owner as H&H Marina Properties, LLC. 3. Herman and Helen's Marina, Inc. is named in this Order because it owned and operated the marina at a time when an unauthorized release of hazardous substances occurred. 4. Bustez Enterprises, Inc. is named in this Order because it owned and operated the Site at a time when an unauthorized release of hazardous substances occurred.