ARCHIVED REPORTS_PETITION FOR REVIEW OF ACTION; REQUEST FOR STAY HEARING

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which shows the spill was satisfactorily abated on March 19, 1998 by Eric Trevena. A copy of that document, as well as the investigative report, is also attached to this Petition and incorporated herein by reference as EXHIBIT 5. Petitioner performed all site remediation that was required of them at the time of the incident. The San Joaquin County Environmental Health Department closed their file without requesting any further action of Petitioner, including, but not limited to, requiring any further sampling in the area, with the conclusion that the release had been entirely abated. Issue#3: With respect to the 2008 release of approximately 15-20 gallons of diesel by an unrelated party on property adjacent to the leased premises of Petitioner,the record shows that this spill was completely abated. The Order improperly states that an additional release allegedly occurred on Petitioner's site on July 24, 2008 when a tractor trailer turned over and rolled into an irrigation ditch. The Order assumes that Petitioner is the owner of that property. The Petitioner is not the owner of the property, but rather operates a business on the property as a tenant. While the Order fails to show with clarity that this incident alleged even occurred on the property in which Petitioner is a tenant,the investigative report (attached and incorporated herein by reference as EXHIBIT 6) does not even mention Petitioner as a Responsible Party nor was Petitioner ever made aware of the incident at the time of the alleged incident. Clearly, the discharger was Allegre Trucking, who was unrelated to the Petitioner, had nothing to do with Petitioner, and abated the problem (see attached report, EXHIBIT 6, incorporated herein by reference). That report also indicates that this spill was abated Petitioner leases the cardlock facility on the site. The property line, according to the San Joaquin County Assessor's Office, places the spill on Kasson Road right of way(see attached EXHIBIT 7, incorporated herein by reference). Even if the incident had occurred on the property in which Petitioner is a tenant,the Board would have no jurisdiction over Petitioner for further action as requested in the Order. It would only have jurisdiction over the land owner. As stated above, Petitioner is merely a tenant of the property, and not an owner, and the facts clearly indicate that Petitioner was not a discharger nor were they in any way related to the 15-20 gallon diesel spill. Issue#4: The Order improperly states: "Groundwater flows to the northeast. Laboratory analytical results of groundwater samples collected from two Chevron monitoring wells (MA'- 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 (ug/L) and 470 ug/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. Petition for Review/Request for Hearing -4-