ARCHIVED REPORTS_PETITION FOR REVIEW OF ACTION; REQUEST FOR STAY HEARING

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PETITION FOR REVIEW OF TECHNICAL REPORTING ORDER NO. R5-2011-0800 4. Statement of the Reasons the Action is Inappropriate and Improper: The Regional Water Quality Control Board contends that spills occurred in 1998 and 2008 on Petitioner's leased property and that those spills may be responsible for contamination found in wells on adjacent Chevron Banta Terminal property. The Regional Water Quality Control Board, by letter dated September 28, 2010, directed Petitioner to submit either a report of investigation or cleanup documenting that the spills have not or no longer pollute groundwater, or submit a site assessment workplan. Petitioner's environmental consultants investigated the incident and prepared a report dated December 14, 2010 (see attached letter and responsive report, incorporated herein by reference as EXHIBIT 2). In their report, the consultants concluded that the 1998 spill was abated and had virtually no chance of impacting groundwater and that groundwater beneath Petitioner's site was likely contaminated with fuel hydrocarbons originating at Chevron's site. It was thereafter that Order R5-2011-0800 was issued Petitioner believes that the allegations in the Regional Board's Order were inappropriate and improper, or not supported by the record,based on the following: Issue#1: With respect to both the 1998 and 2008 spills. The Order improperly makes a finding of fact that the"Discharger(Petitioner) owns the property located at 23100 South Kasson Road in Banta, San Joaquin County". However, Petitioner does not own that property and is merely a tenant of LTH Trust. The Lease is attached as EXHIBIT 3 to this Petition, and incorporated herein by reference. Issue#2: With respect to the 1998 release of approximately 50 gallons of diesel,42 gallons of which were released onto an asphalt surface and only 8 gallons were released onto dirt, those 42 gallons spilled onto the asphalt, which is an impermeable surface and therefore is highly unlikely to have affected the groundwater. Therefore, we are focusing on the 8 gallons of diesel which went onto the dirt. The Order improperly makes a finding of fact that"there is no record of reclamation of the other 42 gallons of diesel from the bermed area, a disposal location for the five containers of waste, nor any evidence that samples were taken to show whether the cleanup completely removed the waste or that a subsurface investigation was conducted'. Attached to this Petition, and incorporated herein by reference as EXHIBIT 4, is a copy of the Uniform Hazardous Waste Manifest provided by the San Joaquin County Environmental Health Department. This manifest documents the removal of the waste due to the spill which occurred March 14, 1998. The five containers were disposed by Laidlaw facility in San Jose. In addition,the Environmental Health Department provided a copy of their complaint cover sheet Petition for Review/Request for Hearing -3-