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STATE OF CALIFORNIA GEORGE DEUKMEJIAN,Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD— CENTRAL VALLEY REGION 3443 ROUTIER ROAD RECEIVED SACRAMENT?2C&Ilor 0 t 631r990 r OCT 2 3 1990 ENVIRONMENTAL HEALTH PERMIT/SERVICES Mr. Alex Diepenbrock Arcady Oil Company 1515 Hope Street, Suite 202 Pasadena, CA 91030 NOTICE OF VIOLATION OF CLEANUP AND ABATEMENT ORDER NO. 90-029 AND SETTLEMENT AGREEMENT, ARCADY OIL COMPANY, SAN JOAQUIN COUNTY, TPCA NO. 05137 You have failed to meet the deadline for submission of a final closure/post- closure maintenance plan, and to implement a ground water monitoring program, as required by Cleanup and Abatement Order No. 90-029 (C&A). By failing to comply with the C&A, you are also in violation of the "Settlement Agreement Between Arcady Oil Company, Regional Water Quality Control Board for the Central Valley and State Water Resources Control Board". The C&A states in part that Arcady Oil Company shall : 112. Implement a ground water monitoring program beginning with the first quarter of 1990 in accordance with Monitoring and Reporting Program No. 76-152, as amended on 29 December 1982." "6. Submit by 1 September 1990, a final closure/post-closure maintenance report for the surface impoundments, in compliance with Subchapter 15, Chapter 3, Title 23, California Code of Regulations. " "7. Close the surface impoundment by a date approved by the Board in accordance with the closure plan." Only one set of monitoring results from Arcady has been received since January 1990, and that analysis, submitted 20 August 1990, does not include all parameters required by Monitoring and Reporting Order No. 76-152. Furthermore, a major deficiency in the monitoring program, which is the lack of functional monitoring wells immediately downgradient of hazardous "hot spots" (well nos. 6 & 7) has not been corrected. Staff met with your consultant, Mr. Matthews, in May 1990, to discuss progress towards the development of a final closure plan, and addressed your concerns regarding fill material by letter dated 5 July 1990. However, not until 24 September 1990 did your consultant notify the Board that a closure plan was not forthcoming. Section 13350 of the Water Code states in part: "(a) Any person who intentionally or negligently violates any cease and desist or cleanup and abatement order hereafter issued, reissued, or amended by a regional board or the state board, . . . , may be liable civilly. . .