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AM STATE OF CALIFORNIA PETE WILSON, Governor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD— CENTRAL VALLEY REGION 3443 ROUTIER ROAD, SUITE A SACRAMENTO, CA 95827-3098 PHONE: (916) 361-5600 FAX: (916) 361-5686 12 March 1991 1 - .. r. m. Mr. Stephen Chen Deputy Public Works Director City of Stockton City Hall Stockton, CA 95202 NON-COMPLIANCE WITH WASTE DISCHARGE REQUIREMENTS - AUSTIN ROAD LANDFILL, SAN JOAQUIN COUNTY (CASE NO. 2148) The City of Stockton has encountered numerous delays in its investigation of the horizontal and vertical extent of ground water contamination from the Austin Road Landfill . Due to these delays the Regional Board adopted Order No. 90-122 in April 1990. Order No. 90-122 contained a time schedule which required the City to complete its ground water investigation by 1 March 1991. On 17 December 1990, Emcon Associates sent a letter to the Regional Board on behalf of the City. That letter indicated that Emcon was unable to provide a schedule for completion of their drilling project. Failure of a consultant to perform work for the City does not alleviate the City from compliance with waste discharge requirements. A report summarizing the results of the Evaluation Monitoring Program is due to the Regional Board by 1 April 1990. Should the City fail to comply with the time schedule in Order No. 90-122, Regional Board staff may recommend the issuance of a formal enforcement order directing the City to move ahead on its evaluation monitoring and corrective action programs. A complete study of remediation alternatives is due on 1 September 1991. While the City may continue its Evaluation Monitoring programs beyond the 1 March 1991 completion date, the person completing the Corrective Action Program must have sufficient data to complete the remediation alternative study by 1 September 1991. Therefore, the City should focus its Evaluation Monitoring Program on the needs of the remediation alternative study. A review of the City's monitoring data shows non-compliance with Monitoring and Reporting Program No. 90-122. The City is required to submit an annual monitoring report containing both tabular and graphical summaries of the year's monitoring data. The annual report shall include a discussion of the City's compliance with waste discharge requirements. No such annual summary was received. A cursory review of the monitoring data did not reveal that the City is ready have water quality protection standards established for its background we Provision 17. e. of Order No. 90-122 required the City to submit data fro year of surface and ground water monitoring by 1 July 1990 so that the Re Board could set water quality protection standards. The City has not ide which wells or which data it proposes to use for the establishment quality protection standards.