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CLEANUP AND ABATEMENT ORDE0R R5-2010-XXXX • -2- 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 5. H&H Marina Properties, LLC is named in this Order because it is the current owner and operator of the property where unauthorized releases of hazardous substances occurred. 6. Delta Farms/Reclamation District 2029 and Empire Fields LLC are not named in this Order because they are not and never were associated with the operation of the marina. BACKGROUND 7. In October 1991, three underground storage tanks (USTs) were removed from the Site. Soil samples taken from beneath the tanks contained gasoline and diesel, but the soil samples were not analyzed for methyl tertiary butyl ether (MTBE). Soil borings in 1996 were analyzed for MTBE and showed the highest level of MTBE in a boring adjacent to the aboveground storage tanks (AGTs). Four monitoring wells were installed in 1997 and showed MTBE at very high concentrations near the AGTs and very low concentrations downgradient of the former USTs. Groundwater contains total petroleum hydrocarbons as gasoline (TPHg), benzene, toluene, ethylbenzene, xylenes (BTEX),-MTBE; tertiary butyl alcohol (TBA), and tertiary amyl methyl ether (TAME). 8. Due to the presence of MTBE and the location of the majority of the pollution near the AGTs, Central Valley Water Board and San Joaquin County Environmental Health Department staff concluded a majority of the pollution was from the ALTs. In a 2 June 2003 letter, the State Water Resources Control Board's (State Water Board's) UST Cleanup Fund (CUF) Manager stated that,the CUF was "reviewing available information regarding the possible sources of the petroleum pollution at the site and have tentatively concluded that most of the MTBE did not originate from the USTs." The letter further stated that the CUF would await the results of a pending investigation before making a final decision. 9. In a 6 December 2004 letter, the CUF issued a Fund Manager Decision that concluded "the only significant contamination at your site is located in the vicinity of the ASTs and is the direct result of unauthorized releases from the ASTs." The letter said there would be no further reimbursements and that all costs incurred after the June 2003 letter "are considered to be an overpayment and must be returned to the Fund."The overpayment amounted to $257,983. 10. In an 18 April 2005 letter, the CUF issued a Final Division Decision upholding the Fund Manager's Decision. 11.On 10 June 2004, the Central Valley Water Board Executive Officer issued a Notice of Applicability for Order No. 5-00-119, General Order for Discharge to Surface Waterof Groundwater from Cleanup of Petroleum Fuel Pollution. The project was assigned General Order No. 5-00-11938 to regulate discharges of waste from a groundwater treatment system into an unnamed agricultural drainage ditch, which is hydraulically connected to the San Joaquin River. 12. In June 2005, Herman & Helen's Marina began conducting groundwater remediation by extracting groundwater from a 6-inch diameter extraction well (EW-1) and routing it through a granular activated carbon (GAC) treatment system. Monitoring of this interim remedial measure (IRM) was conducted pursuant to MRP No. R5-2004-0828, which