SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

CLEANUP AND ABATEMENT ORDER NO. R5-2006-0720 NESTLE USA,INC. RIPON, SAN JOAQUIN COUNTY 24. The Discharger's existing extraction system at the former Facility does not include extraction wells in the shallow portion of the Upper Aquifer Zone where TCE concentrations are highest or extraction wells in the Intermediate or Lower Aquifer Zones where plume migration threatens or has already impacted local supply wells. The existing extraction system at the Stockton Avenue property provides extraction from the lower portion of the Upper Aquifer Zone and the Intermediate Aquifer Zone. The Discharger needs to implement long-term remedial actions to contain and remove the TCE plume in the three impacted aquifer zones. 25. Although the Discharger has not completed groundwater modeling efforts, groundwater potentiometric data presented in quarterly and annual monitoring reports clearly indicates the existing extraction wells only contain/capture a portion of the TCE plume in the Upper and Intermediate Aquifer Zones. Increasing extraction to design rates for these wells is not expected to provide full containment/capture of the TCE plume. The Discharger needs to install additional extraction wells to fully contain/capture the TCE plume. Groundwater treatment and disposal facilities are not adequate to handle the existing extraction wells operating at their maximum pumping rates. The Discharger needs to improve the existing pump and treat operations as an interim measure and install additional treatment and disposal facilities to handle the increased groundwater extraction that is needed to fully contain/capture the TCE plume. AUTHORITY—LEGAL REQUIREMENTS 26. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into waters of the state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the state board, or who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the Regional Board clean up the waste or abate the effects of the waste, or, in the case of threatened pollution or nuisance,take other necessary remedial action, including but not limited to, overseeing cleanup and abatement efforts. Upon failure of any person to comply with the cleanup or abatement order,the Attorney General, at the request of the Regional Board, shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In the suit,the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant." 27. Section 13305(f) of the California Water Code provides that: "Replacement water provided pursuant to subdivision (a) shall meet all applicable federal, state and local drinking water standards and shall have comparable quality to that pumped by the public water system or private well owner prior to the discharge" 7