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CLEANUP AND ABATEMENT 01- _R NO R5-2008-0707 -4- MARTIN OPERATING PARTNERSHIP AND THE PORT OF STOCKTON MOLTEN SULFUR PROCESSING PLANT SAN JOAQUIN COUNTY 17. In a 12 April 2005 letter, staff informed the Discharger that the inspection observations, inspection data, and the case file review supports the conclusion that the sulfur piles are not adequately contained to protect waters of the state and that the facility appears to have impacted groundwater. Further, staff required submittal of a groundwater investigation work plan by 1 June 2005. Following the completion of the investigation, a report and a feasibility study were due thereafter. 18. The information was not submitted, and therefore on 2 June 2005 the Regional Water Board required that the Discharger submit technical reports pursuant to California Water Code Section 13267. Further, the Discharger was required to submit a short-term plan to manage sulfur in a manner that would prevent release outside the containment area or from the conveyance structures. 19. On 24 February 2006, the Discharger submitted a Groundwater Investigation and Feasibility Study, Bulk Terminals Site and recommended the installation and monitoring of additional groundwater wells. Subsequently, the Discharger installed eight groundwater monitoring wells into a lower sandy layer. The Discharger has monitored these new wells, has monitored two of the existing wells (installed in 1991), and has submitted three quarterly groundwater-monitoring reports (first, second, and third quarters of 2007). Attachment C shows the locations of all wells. The Discharger's 2006 investigation concluded that relatively elevated concentrations of total sulfur and sulfate are present in groundwater in the immediate vicinity of the site and in the general area of historical and current sulfur prill storage and operations. 20. On 1 August 2006, the Discharger submitted its sulfur management plan. 21. In a letter submitted 2 April 2008, the Discharger agreed to complete the following work to mitigate the impact of sulfur to surface water and groundwater: Install a new concrete 481,000-gallon AST for storage of sulfur leachate; On the east wall of the storage area, install a new wall to match existing east wall; Install supports and 15-feet of netting (for windbreak) onto all four sides the stockpile area walls; Relocate or remove the existing AST; From the south area of the storage yard to the entrance road and the entire "bone yard" area, grade unpaved areas and place asphalt; Epoxy coat all below-grade vaults, basins, and sumps; and Remove the two Hypalon ponds from service and backfill the area. REGULATORY CONSIDERATIONS 22. The Water Quality Control Plan Central Valley Region—Sacramento River and San Joaquin River Basins, Fourth Edition (hereafter Basin Plan), designates beneficial