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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION CLEANUP AND ABATEMENT ORDER R5-2008-0710 FOR HJ BAKER & BRO., INC AND THE PORT OF STOCKTON MOLTEN SULFUR PROCESSING PLANT SAN JOAQUIN COUNTY This Order is issued to HJ Baker & Bro. Inc. (Baker) and the Port of Stockton (Port)(collectively referred to as Dischargers), based on provisions of California Water Code (CWC) section 13304, which authorizes the Central Valley Regional Water Quality Control Board, (Central Valley Water Board or Board) to issue a Cleanup and Abatement Order, and CWC section 13267, which authorizes the Central Valley Water Board to require the submittal of technical and monitoring reports. Throughout this Order, the responsibilities for cleanup and abatement actions are assigned to the appropriate party or parties (i.e., Baker, Port, or Dischargers). The Executive Officer of the Central Valley Water Board finds, with respect to the Dischargers' acts, or failure to act, the following: Baker owns and operates a processing plant at 65 Stork Road, Stockton (the Site) that converts molten sulfur into sulfur pellets known as "prill." Baker leases the Site from the Port. In 1997, Baker assumed responsibility for the Site's industrial stormwater, and began processing prill at the Site in 2004. The Port owns and operates a 1,100-foot prill conveyor system at the Site. The Port transfers Baker's prill to ships via the prill conveyor system, which extends to a wharf. The Port conveyed or stored prill at the Site from the 1970s up to 1997 As presented in the Report of Waste Discharge and the Sulfur Management Plan, the Site is a 5.6-acres property located at 65 Stork Road in Stockton, California (APN 145-030-01). The Site is located within the Port's Eastside Complex, east of the San Joaquin River, and south of Wharf 10-11, as shown on Attachment A, a part of this Order. A 3.8-acre portion of the Site has historically been referred to as the "Clay Pit". The Clay Pit was constructed in 1971 for storage of clay pellets. Contrary to its name, it is not a pit or depression. Storage of clay pellets ceased prior to 1997. Sulfur prill stockpiles are currently stored within the 3.8-acre Clay Pit. During the 1970s and up to 1991, Baker processed prill at a facility on Road 21, Port of Stockton. Baker contracted the Port and stevedores to truck the prill via bottom dump to the Clay Pit. The Port and stevedores off-loaded prill at the Clay Pit into a below ground hopper for transfer via below ground and above ground conveyors to ships (Appendix B, Timeline of HJ Baker's Use and Occupancy, Sulfur Management Plan Addendum, July 2006). At this time, the 3.8-acre Clay Pit, the below-grade hopper, and the conveyor were owned and operated by the Port.