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California-Ref'-)nalWater Quality t of Burd <br /> Central Vatlley Region <br /> en T.Butler,Chair <br />,< ,,�- -stevGray Davis. <br /> j wi� ton H.Hickok Gmcr»or <br /> r Secrerut�for <br /> FP 5acrtatnento Matti C?fice <br /> rvlrart»tentat intemd Addres's:,http:ll} x'ierre6.ca.gc+vl�rwgcb5 <br /> Prol�Cfrar. 3443Acutigr l to d,Suite A,Sacra;ii <br /> CattCc�rttia 95827-5003j U.L;�j9ite(9t'6}255=30fl{} Al{916}255-3015 <br /> 113- 48 <br /> 30 March 2000 <br /> A <br /> Mr.Steve lrbta t; <br /> M raloitogoney and.Associates <br /> Walnut Creek;tA <br /> ;. <br /> t NO ACTIC�IT REQUIRED FOIL SIS AT 15550 SOUTH HARLAN "AD (AKA,353 <br /> THOMSON ItiJ,Parcel N6i; LA:THROP, SAN WOVIN COUNTY <br /> i <br /> You requested that we;clarify the;res onsibili and liability for you as a ra a owner holding <br />�- q fy .;p t3'r �' Y P p �Y � <br /> title for the above parcel a£land, adjacent to Joe s Truck Plaza#15600 South Harlan Road,Pard. <br /> No. 196-200-76. Joe's Truck Plaza had a leak in an underground:storage tam which released <br /> Methyl tertiary Butyl Ether(MtBE)into groundwater.We reviewed our case file:, or Joe`s Truck <br /> Plaza and found that the groundwater flow direction is easterly,away from,your property. <br /> However,.morutaring wells adjacent to your property line show MtBE at concentrations as high <br /> as 1800 micrograms per liter(gg/1). The enforcement level is 5 Wg/I. Although itis likely that <br /> MtBE has migrated to your property,we see no reason why development of your property <br /> should be compromised by the release from Joe's Truck Step. <br /> <E <br /> - l ; <br /> Following is;a summary of actions this Board could,take for groundwater contamination <br /> migrating onto your property from Joe's Truck Plaza. In this regard, the Board,under Section <br /> 13304 sof the California Water Code,'is authorized to issue a cleanup and abatement order to any <br /> person who "hers caused or permitted, causes or permits,or threatens to cause or permit,"discharges of <br /> E waste.to waters of the State. In this case,Joe's Truck Plaza(the owner.), or any operators-who <br /> caused the discharges,and,possibly, pastor fixture owners could be considered persons "who <br /> caused or permitted a discharge"within the meaning of Section 13304. The owner of the property at <br /> 15550 South Harlan Road usually Mould not be considered a responsible party under Section <br /> 13304. An exception could be made where it was deemed necessary for Joe's Truck Plaza to have <br /> access to your property to clean up ,�h.e pollution,but Joe's Truck Plaza Sues;denied access and the <br /> pollution worsened,. <br /> Based on the State Nater Resources; ontrol Board's orders, an owner of property over in <br /> p p� lying <br /> groundwater pollution from an offsite source is unlikely to be held responsible for that <br /> pollution exceppt for purposes of access or unless activities on the property exacerbate or <br /> contribute to that groundwater pollution.In the situation as you describe it. plan to <br /> develop the 15550 South Harlan road site,but would not include additional,likely source(s)of <br /> ;groundwater pollution. <br /> i. <br /> �f rrnvironmental Protection A; enin- <br /> ! ,Recycled Paper <br />