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k Islamic Center Of Stockton -4- FEB 1l Claim No. 18513 Consistent with the July 20, 2007, Court of Appeal decision, as modified on August 17, 2007, the State Water Board issued State Water Board Order WQ 2007-0011 EXEC in December 2007 (in the Matter of the Petition of Murray Kelsoe,. WQ 2007-0011 EXEC), partially amending the Kelsoe Order. Background The Islamic Center purchased the property at auction from Stockton Unified School District on January 10, 1979. The former Luther Burbank School located at this site had a heating oil tank that was used for firing two large abandoned boilers located in the basement of the building, which were used to heat water and produce steam to heat the former school. A supply pipe was located near the street, which ran to the heating oil tank. The Islamic Center contends they never used the UST or knew of its existence. On July 25, 2001, there was an Emergency Response from the City of Stockton, which occurred after a Spill/Leak from the UST at the Islamic Center's site. This incident occurred because an unknown driver ran over a fire hydrant, which resulted in water entering an unsealed fill pipe located on site. The pipe led to an improperly abandoned heatingoil UST and water entering into the fill pipe allowed 500 gallons of oil to flow up 9 and out onto the surface of the ground and into the City of Stockton's storm drain. system and the Mormon Slough. San Joaquin County Environmental Health (SJEHD) incurred a total of$183,067.80 in cleanup costs due to their emergency response— In a letter dated August 30, 2001, SJEHD notified the Islamic Center of the possibility of USTs at their site. The letter reads in part .:.a fill pipe exists on the property...a vent pipe exists on the building...pipe had overflowed fuel to the ground SJEHD's letter also reads in part,"...You are required at this time to investigate to determine if an underground tank exists at the site...If a tank is located, permitting is required from the EHD for proper closure of improperly abandoned tanks." With that letter, SJEHD also provided the Islamic Center with a list of UST removal contractors who could help them locate and determine the condition of any tanks on the property. On March 25, 2004, in a Court Deposition for Mr:-Mohammad Saeed of the Islamic Center, he stated that it was still unknown if any USTs existed at this'site and no, investigation had been done to date-to determine if any did; but that a contractor they hired was due to begin investigation the following day. On March 26, 2004, the Islamic Center's contractor, Advanced GeoEnvironmental, Inc. located the heating oil UST. The UST was removed by permit on or about May 7, 2004. According to GeoTracker, the release from the UST at the Islamic Center's site was confirmed on May 21, 2004. Califonria EN J/1MY7m MlalProlec11011 agency P.a RecycledPaper