ARCHIVED REPORTS_PETITION FOR REVIEW OF ACTION; REQUEST FOR STAY HEARING

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TECHNICAL REPORTING DER NO. R5-2011-0800 • —2- VALLEY PACIFIC PETRO SERVICES, INC. 23100 SOUTH KASSON R �, BANTA, SAN JOAQUIN COUNTY to show whether the cleanup completely removed the waste or that a subsurface investigation was conducted. 4. SJCEHD's Emergency Response Record documents that an additional release occurred on the property on 24 July 2008: A tractor trailer rolled into an irrigation ditch at Valley Pacific Petroleum's south property boundary releasing 15 to 20 gallons of diesel fuel. In the SJCEHD incident report for that spill, the location of the spill relative to the Chevron property is unclear. SJCEHD's incident report documents that the discharger was identified as a trucking company. A licensed waste hauler removed more than 15,900 gallons of liquid from.Ae ditch and two 55-gallon drums of adsorbent pads and diesel-contaminated soil. Four days after the spill, an additional 5,500 gallons of liquid were removed from the ditch to address a sheen that was still visible on the water in the ditch. There is no record that samples we're taken to show whether the cleanup completely removed the waste,or if a subsurface investigation was conducted to verify cleanup. 5. The Site is adjacent to the southeast property boundary of the Chevron Banta Fuel Terminal #1001621, where site investigation and cleanup have been ongoing since 1985. Groundwater flows to the northeast. Laboratory analytical results of groundwater samples collected from two Chevron monitoring wells (MW-43A and MW46A) adjacent to the Valley Pacific Petroleum property boundary have contained total petroleum hydrocarbons as diesel (TPHd)as high as 1,200 micrograms.per liter (pg/L) and 470 Ng/L, respectively. However,"the monitoring data in these wells dates back only as far as 2001, and the wells are not directly downgradient of the Valley Pacific Petroleum facility. Therefore,the groundwater data correlate indirectly with the 1998 and 2008 discharges on the Valley Pacific Petroleum property. 6. Monitoring well MW-63A on Chevron's property is closer to Chevron's documented` release areas but has concentrations of TPHd that are lower than the monitoring wells adjacent to Valley Pacific Petroleum's property where the 1998 and 2008 spills occurred. This indicates that the source of TPHd observed in MW-43A and MW-46A is more likely the Valley Pacific Petroleum property. a "7. Based on the documented spills at the Valley Pacific Petroleum site, in a 28 September 2010 letter, Central Valley Water Board staff requested that the Discharger submit a Site Assessment Work Plan by 19 November 2010 to perform a subsurface investigation in the vicinity of the 1998 release. In an email dated 15 November 2010, the Discharger requested that the due date for the Work Plan be extended to 17 December 2010. Central Valley Water Board staff granted the extension. 8. On 14 December 2010, the Discharger's attorney, Mr. Patrick Riddle; sent an email with a detailed letter from a consultant describing and evaluating the 1998 spill. Based on that letter, Mr."Riddle'informed Central Valley Water Board'staff that the Discharger does not believe any additional investigation at the Site is necessary. However, the Discharger has not provided any evidence of confirmation sampling