SITE INFORMATION AND CORRESPONDENCE

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640 N. EI Dorado St. - 2 - 1 August 2008 Stockton, San Joaquin C09y 0 J groundwater monitoring, you were requested to complete contaminant plume delineation by SJCEHD, which has not been done. Subsequently, on 24 July 2008 your consultant notified Regional Board staff that a single round of groundwater monitoring is now scheduled for 12 August 2008. Regional Board staff is aware that you have a current appeal being considered by the State Water Resources Control Board (State Board) Underground Storage Tank Cleanup Fund. In a recent e-mail (24 June 2008) your consultant informed Regional Board staff that Patrick Riddle, representative for Gene Gabbard, Inc., had been informed by Michael Lauffer, State Board attorney, that an action regarding your appeal was anticipated by the end of June (2008). As such, it is anticipated that your appeal will have resolution within the next few months. Therefore, pursuant to CWC section 13267, you are required by this Order to submit monthly status reports, which include current site status, all work that has been conducted during the reporting month including any sampling and analyses results, and all interaction and communication with the State Board regarding the aforementioned appeal. In addition, you are to resume ongoing quarterly groundwater monitoring, beginning with the fourth quarter of 2008. The monthly status reports are to be submitted the 10th day of the following month until directed otherwise in writing by Regional Water Board staff. And, the quarterly groundwater monitoring reports are to be submitted by the 30th day of the first month of the following quarter until directed otherwise in writing by Regional Water Board staff. Your first status report is due 10 August 2008 and your first quarterly report is due 30 January 2009. The first status report is to include a separate section that details past and current property ownership, UST owner/operator history, and any records/evidence regarding the time and origins of the hydrocarbon release(s). Information in this report may be used to identify additional responsible parties that may be added to this or future Orders. CWC section 13267 states, in part: "(b)(1) In conducting an investigation . . ., the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or, discharging, or who proposes to discharge waste within its region . . . shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports." You are subject to this Order because, pursuant to California Code of Regulations, title 23, section 2720, "[a]ny person who had or has control over a underground storage tank at the time of or following an unauthorized release of a hazardous substance," is a responsible party with a legal obligation to investigate and remediate the contamination. Because you owned the property at the time of the release (Gene Gabbard, Inc.) or now own the property (Jim and Sheyla Creel), and you had or now have legal control following the unauthorized release from the underground storage tanks, you are a "person who has discharged ... waste' within the meaning of CWC section 13267. The report is necessary for the reasons described in this letter and as documented in the files of the Regional