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Alan C. Lloyd, Ph.D <br />Secretary for <br />Environmental <br />Protection <br />California Regional Water Quality Control Board <br />Central Valley Region <br />Robert Schneider, Chair <br />Sacramento Main Office <br />11020 Sun Center Drive #200, Rancho Cordova, California 95670-611nn_Ec <br />Phone (916) 464-3291 • FAX (916) 464-4645 <br />http://www.waterboards.ca.gov/centralvalley FEB 2., 1. 2006 <br />17 February 2006 ENVIRONMENT HEALTH <br />PERMIT/SERVICES <br />Arnold <br />chwarzenegger <br />__) Governor <br />CERTIFIED MAIL NO. <br />7001 2510 0004 1548 9500 <br />Mr. Jeff Kasper, Deputy Director <br />Port of Stockton <br />P.O. Box 2089 <br />Stockton, CA 95201-2089 <br />CERTIFIED MAIL NO. <br />7001 2510 0004 1548 9531 <br />Mr. Chuck DeJong, Plant Manager <br />H.J. Baker & Bro., Inc. <br />P.O. Box 2089 <br />Stockton, CA 95201 <br />CERTIFIED MAIL NO. <br />7001 2510 0004 1548 9524 <br />Captain Leif Gistrand, Manager <br />Metropolitan Bulk Terminal <br />P.O. Box 986 <br />Stockton, CA 95201-0986 <br />CERTIFIED MAIL NO. <br />7001 2510 0004 1548 8923 <br />Mr. Dave Wilkey, General Manager <br />Bay Sulfur <br />P.O. 982 <br />Stockton, CA 95201-0982 <br />NOTICE OF VIOLATION FOR LATE REPORT, PORT OF STOCKTON BULK TERMINAL/ SITE, <br />SAN JOAQUIN COUNTY <br />In a 12 April 2005 letter, staff of the Central Valley Regional Water Quality Control Board informed the <br />Port of Stockton, Metropolitan Bulk Terminal, H.J. Baker & Bro., Inc. and Bay Sulfur (all hereafter <br />referred to as Discharger) that their facilities had impacted water quality. The letter requested the <br />submittal of a technical report by 1 September 2005. The items to be included in the technical report <br />consisted of the following: results from the groundwater investigation, a feasibility study, a corrective <br />action measures and a Report of Waste Discharge. On 20 May 2005, the Discharger requested a sixty-day <br />extension. Because of the potential severity of water quality impacts, an extension of only 45-days was <br />granted to 1 December 2005 in a California Water Code (CWC) Section 13267 Order for Technical <br />Report. Staff has not received technical report as required by the CWC 13267 Order. <br />Section 13267 of the California Water Code states, in part: "In conducting an investigation <br />specified in subdivision (a), the regional board may require that any person who has discharged, <br />discharges, or is suspected of having discharged or discharging, or who proposes to discharge <br />waste within its region, or any citizen or domiciliary, or political agency or entity of this state who <br />has discharged, discharges, or is suspected of having discharged or discharging, or who proposes <br />to discharge, waste outside of its region that could affect the quality of waters within its region shall <br />furnish, under penalty of perjury, technical or monitoring program reports which the regional <br />board requires. The burden, including costs, of these reports shall bear a reasonable relationship <br />to the need for the report and the benefits to be obtained from the reports. In requiring those <br />California Environmental Protection Agency <br />q;c5 Recycled Paper