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Jimco Truck Plaza - 2 - 25 March 2009 <br /> 1022 Eas, Frontage Road` <br /> Ripon, San Joaquin County <br /> there had also been a release to of fuel hydrocarbons from the above-ground storage tanks <br /> (ALTs) at the Site. SJCEHD does not have an AGT cleanup program. Therefore, in order to <br /> provide consolidated oversight for both the UST and AGT releases, SJCEHD referred <br /> oversight ead of the Site to the California Regional Water Quality Control Board, Central <br /> Valley Region (Regional Water Board) by letter dated 6 February 2009. <br /> Pursuant io CWC section 13267, you are required by this Order to submit a Corrective Action <br /> Plan (CAF') which evaluates at least three remedial alternatives to clean up the identified <br /> contamination, selects the most cost-effective remedial alternative, and includes a proposed <br /> schedule for implementation of the selected remedial alternative. The CAP is a technical <br /> report anc is to be submitted by 1 July 2009. <br /> In additior,, pursuant to CWC section 13267, you are required by this Order to submit quarterly <br /> groundwa.er monitoring reports, both paper copies to this office and electronic copies to the <br /> State Water Resources Control Board's (State Water Board) GeoTracker database. The <br /> quarterly groundwater monitoring reports are to be submitted by the 30th day of the first <br /> month of the following quarter until directed otherwise in writing by Regional Water Board <br /> staff. Your first quarterly report, due 30 April 2009, is to include a separate section that <br /> details, to the best of your knowledge, past and current property ownership, UST <br /> owner/opE rator history, and any records/evidence regarding the time and origins of the <br /> hydrocarbon release(s), including the USTs and the AGTs. Information in this report may be <br /> used to identify additional responsible parties that may be added to this or future Orders, and <br /> to determiie whether there is commingling between the two groundwater plumes. All reports <br /> are to follcm the Appendix A - Reports. Tri-Regional Recommendations for Preliminary <br /> Investigation and Evaluation of Underground Storage Tank Sites (Appendix A - Reports) which <br /> is attached and made a part of this Order <br /> CWC sect-on 13267 states, in relevant part: <br /> ,b)(?) In conducting an investigation the regional board may require that any persor, who <br /> has di 3charged discharges. or is suspected of having discharged or, discharging.. or who <br /> proposes to discharge waste within its region . shall furnish, under penalty of perjury <br /> techni:al or monitoring program reports which the regional board requires. The burden, <br /> includ ng costs of these reports shall bear a reasonable relationship to the need for the <br /> report and the benefits to be obtained from the reports. In requiring those reports, the <br /> regional board shall provide the person with a written explanation with regard to the need for <br /> the reports and shall identify the evidence that supports requiring that person to provide the <br /> report <br /> You are subject to this Order because, pursuant to California Code of Regulations, title 23, <br /> section 2720, "[a)ny person who had or has control over a underground storage tank at the <br /> time of or following an unauthorized release of a hazardous substance," is a responsible party <br /> with a legal obligation to investigate and remediate the contamination. Because you owned the <br /> property at the time of the release and you had or now have legal control following the <br /> unauthorized release from the underground storage tanks, you are a "person who has <br /> discharge) ... waste" within the meaning of CWC section 13267. The reports are necessary <br /> for the reasons described in this letter and as documented in the files of the Regional Water <br /> Board to e ssure protection of waters of the state, and to protect public health and the <br /> environmE!nt <br />