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t . <br /> ' CLEANUP AND ABATEMENT ORDER NO. 5-00-707 3 <br /> FORMER UNOCAL AND MONTGOMERY WARDS <br /> 5606 AND 5400 PACIFIC AVENUE, STOCKTON <br /> ' SAN JOAQUINCOUNTY <br /> ' previous sampling results show high concentrations of TPHg and benzene in June 1999 and <br /> December 1999. <br /> ' 6. Unocal and Wards have both indicated in their monitoring reports that the natural groundwater <br /> flow direction beneath their sites is easterly(away from RIW);however, from late Spring to Fall <br /> when.the RIW is operating, the flow direction is southwesterly towards the RIW. <br /> ' T. In May 1997, following County directive,Unocal sampled the RIW, and reported TPHg and <br /> benzene concentrations at 110 µg/1 and 28 µg/1, respectively. The RIW has been sampled an <br /> ' additional seven times, and petroleum hydrocarbons have been identified in five of the eight <br /> samples collected. The June 2000 groundwater sample contained TPHg at 138 µg/1, and benzene <br /> at 8.4µg/1. <br /> 8. The Taste and Odor Threshold for gasoline is 5 µg/1, and the California Department of Health <br /> Services Primary Maximum Contaminant Level for benzene is 1.0 µg/1. <br /> ' 9. On 22 August 2000, at the direction of Board staff to Delta, RIW was taken out of service and <br /> will not be put back in use without prior Board approval. Delta is currently using city-supplied <br /> water to irrigate the campus. <br /> ' 10. The unauthorized releases at the Unocal and Wards sites, as individual or commingled plumes <br /> are likely to be the source of petroleum contamination found in the RIW. At this time, Unocal <br /> ' and Wards are both considered jointly responsible for all activities necessary to investigate and <br /> analyze the effects of the contamination identified in the RIW, and all other actions as necessary <br /> to abate the effects of the contamination, and replace the irrigation water source for Delta. <br /> ' 11. Section 13304(a) of the California Water Code provides that: <br /> ' "Any person who has discharged or discharges waste Into the waters ofthis state in violation of any waste discharge <br /> requirement or other order or prohibition issued by a regional board or the state board or who has caused or permitted, <br /> causes or permits,or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, <br /> discharged into the waters ofthe state and creates, or threatens to create,a condition ofpollution or nuisance,shall upon <br /> order of the regional board cleanup such waste or abate the effects of the waste, or, in the case of threatened pollution or <br /> nuisance, take other necessary remedial action,including, but not limited to, overseeing cleanup and abatement efforts. <br /> Upon failure of any person to comply with the cleanup and abatement order,the Attorney General, at the request of the <br /> board,shall petition the superior court jar that county for the issuance of an injunction requiring the person to comply with <br /> ' the order. In any such suit,the court shall have fiwisdiction to grant a prohibitory or mandatary injunction,either <br /> preliminary or permanent,as the fact may warrant," <br /> ' 12. The Water Quality Control Plan for the Regional Water Quality Control.Board, Central Valley <br /> Region, (4th Edition) (Basin Plan) establishes beneficial uses and water quality objectives to <br /> protect the beneficial uses. Water quality objectives for groundwater as specified in the Basin <br /> Plan include primary and secondary maximum contaminant levels. Waste has been discharged to <br /> waters of the state at concentrations that exceed water quality objectives. Exceedance of water <br /> quality objectives constitutes pollution. Therefore,waste has been discharged or deposited where <br /> it has created and continues to threaten to create a condition of pollution or nuisance. <br /> 1 <br />