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CLEANUP AND ABATEMENT ORDER R52010-XXXX • -3- 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 required Herman & Helen's to submit quarterly monitoring reports. 13.A gasoline discharge of unknown quantity occurred around September 2007 from an AGT and caused a distinct increase in the petroleum hydrocarbon concentrations in MW-2, the well closest to the ALTs. To address the soil and groundwater pollution caused by the September 2007 spill, H&H excavated and disposed of the contaminated soil, partially backfilled and shored the excavation, and installed a sump pump in the partially backfilled excavation. H&H commenced groundwater extraction from the sump pump and EW-1, and routed the groundwater to the existing IRM treatment system. 14.This cleanup activity is incomplete, as the elevated concentrations of dissolved petroleum hydrocarbons in groundwater indicate. In an 11 January 2008 letter, Board staff requested submittal of a work plan by 29 February 2008 to investigate and complete the cleanup of the entire commingled pre-2007 and September 2007 plumes. In a 22 February 2008 Additional Site Assessment Work Plan, H&H proposed to add two extraction points to enhance the existing groundwater extraction system. In subsequent verbal and written correspondences, H&H has stated that it lacks the financial resources to implement the work plan. 15.On 14 August 2008, Board staff met with H&H, which informed staff that its insurance carrier would not provide the funds necessary to continue the mandated investigative and cleanup work because of the commingling with historical pollution. 'H&H stated that it would enter negotiations with the CUF and with its insurance carrier to obtain funding for additional investigation and cleanup. Board staff sent a letter on 4 September 2008 that clarified that, although commingled,the concentrations of constituents of concern of the two spills are distinct and the costs, therefore, are separable. 16.On 17 June 2008, Board staff notified H&H that NPDES Order No. 5-00-119 had been revised. Dischargers were given 180 days to submit a Notice of Intent (NOI) in order to discharge'under the new NPDES permit, Order No. R5-2008-0085, which replaced Order No. 5-00-119.'H&H did not submit the NOI. In a letter dated 3 August 2009, Board Cleanup staff instructed'H&H Marina to submit the overdue NOI by 24 August 2009. 17. In April 2009, Board staff concurred with H&H Marina's 13 February 2009 Additional Site Assessment Report, which recommended reducing the monitoring and reporting requirements in MRP No. R5-2004-0828 and installing additional extraction wells to optimize the treatment system. 18.H&H has failed to submit quarterly monitoring reports as required by MRP No. R5-2004- 0828 and by Attachment B of NPDES Order No. 5-00-119. The first quarter reports that were due on 1 May 2009 were not submitted until 19 June 2009. H&H has not submitted the quarterly reports that were due on 1 August or 1 November 2009. 19.Operation of the existing on-site treatment system is needed to clean up petroleum hydrocarbon pollution in groundwater. Components of the treatment system malfunctioned and were repaired several times during 2009. Operation of the system was discontinued on 30 June 2009 after the groundwater pump was removed from the extraction well.