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i L <br />PUBLI( HEALTH SER'V'ICES <br />SAN JOAQUIN COUNTY <br />ENVIRONMENTAL HEALTH DIVISION <br />Ernest M. Fujimoto, M.D., M.P.H., Acting Health Officer <br />445 N. San Joaquin Street • P.O. Box 388 • Stockton, CA 95201-0388 �Cixa�te <br />(209) 468-3420 <br />FEB 2 4 1995 C(D <br />KEN EARNEST QUENTIN KIRSH <br />ULTRAMAR INC 190 EAST AMBER WAY <br />ENVIRONMENTAL DIVISION HANFORD CA 93230 <br />P O BOX 466 <br />HANFORD CA 93232-0466 <br />RE: Beacon Cardlock #610 <br />3300 Waterloo Road <br />Stockton, CA 95205 <br />SITE CODE: 1765 <br />San Joaquin County Public Health Services, Environmental Health Division (PHS/EHD) has <br />completed review of the "Request for Site Closure" dated January 24, 1995 prepared by <br />Acton, Mickelson and van Dam. PHS/EHD has the following comments for your <br />consideration. <br />The report requested closure based on an interpretation of the Porter -Cologne Water <br />Quality Control Act, now incorporated into Division 7 of the California Water Code. Please <br />be aware that Division 7. Water Quality, Chapter 1. Policy, 13002. (a) and (b) states that <br />"No provision of this division or any ruling of the state board or a regional board is a <br />limitation: (a) On the power of a city or county or city and county to adopt and enforce <br />additional regulations, not in conflict therewith, imposing further conditions, restrictions, or <br />limitations with respect to the disposal of waste or any other activity which might degrade <br />the quality of the waters of the state; and (b) On the power of any city or county or city and <br />county to declare, prohibit, and abate nuisances." <br />Please note that San Joaquin County has adopted County Ordinance Number 3675 found <br />in the Development Title, Division 11: Infrastructure Standards, Chapter 9-1.1.25 Water <br />Quality Regulations stating that "The intent of this Chapter is to prohibit the discharge of <br />wastes into the surface and ground waters of the County, consistent with water quality <br />objectives, to reduce the cumulative effect or possible cumulative effect on properties and <br />characteristics which result or may result from the discharge of waste. The discharge of <br />wastes shall not create a nuisance. Furthermore, Section 9.11.5. Duties of Director of <br />Environmental Health Division states that (a) "It shall be the duty of the Director of the <br />Environmental Health Division to enforce the provisions of this Chapter. The Director of <br />the Environmental Health Division shall have authority to review discharge requirements set <br />by the State Regional Water Quality Control Board (RWQCB) and impose more restrict <br />discharge requirements not in conflict with RWQCB regulation." PHS/EHD has determined <br />that a nuisance exists and that water quality is threatened. <br />A Division of San Joaquin County Health Care Services <br />