ARCHIVED REPORTS_PETITION FOR REVIEW OF ACTION; REQUEST FOR STAY HEARING

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Therefore, the vroundwater data correlate indirectly(Emphasis Added) with the 1998 and 2008 discharges on the Valley Pacific Petroleum property". Groundwater at the site flows predominantly to the northeast. However, some twenty percent of the time, flow is to the east-southeast, and twenty percent of the time toward the north. (See EXHIBIT 8, attached and incorporated herein by reference). Based on recorded groundwater flow, MW43-A has always been up adient of the 1998 spill located (See EXHIBIT 9, attached and incorporated herein by reference) and the highest containment level was recorded in 2006,prior to the 2008 spill (See EXHIBIT 10, attached and incorporated herein by reference). Therefore,the groundwater data from this well do not correlate at all with either spill. MW46-A is generally downgradient of the 1998 spill. However, this well is immediately downgradient of the`Excavation Area 3" (See EXHIBIT 9, attached and incorporated herein by reference) which was excavated by Chevron in 2004 because of diesel contaminated soil related to their own keylock operation. Moreover, monitoring wells MW9, and MW20, which were located within Excavation Area 3 and have been destroyed, had detected diesel in the groundwater as early as 1991 and 1995, respectively, predating both the 1998 and the 2008 spills (See EXHIBIT 10, attached and incorporated herein by reference). Therefore, the groundwater data from MW46-A do not correlate at all with either spill. Issue#5: The Order further improperly states: "Monitoring well W-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 (Emphasis Added). " As stated above,MW43-A is upgradient of the 1998 spill and the highest levels of diesel occurred prior to the 2008 spill. As stated above, MW46-A is immediately downgradient of a Chevron release area. MW63-A is a well that shows anomalously low levels of TPHd, perhaps due to its proximity to a stormwater retention pond. A better comparison would be made between wells MW34-UA and MW35-UA, both of which are in a Chevron release area and well cluster MW74-UA, MW74-A, and MW74-B, which are in the closest proximity to the 1998 spill, As shown in EXHIBIT 10 (attached and incorporated herein by reference), 2009 and 2011 average concentrations of diesel in MW34-A and MW35-A are higher than those in the MW74 .series. 5. Petitioner is Aggrieved: Petitioner is aggrieved for the reasons set forth in Paragraph 4 above. Petitioner is further Petition for Review/Request for Hearing -5-