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Sent By: RWOCB; 2553015; Apr-11-f)n 1:16PM; Page 3 CLEANUP AND ABATEMENT ORDER NO. FORMER CHEVRON STATION #9-5775 301 WEST KETTLEMAN LANE LODI, SAN JOAQUTN COUNTY 75 feet bgs, extraction well EX -1 is screened from 55 to 65 feet bgs, and the other wells are screened from 45 to 65 feet bgs. Five groundwater sampling events have been completed between February 1999 and March 2000. Groundwater samples collected on the 1 March 2000 quarterly monitoring and sampling event, were found to contain up to: • 51,000 µg/1 of TPHg; • 39,000 µg/1 of benzene; • 720,000 µg/1 MtBE; • 18,000 µg/1 ETBE; and. • 6,000 µg/1 TAME. 4, An active City of Lodi Municipal well (City Well 12) is about 500 feet southwest and downgradient of the former underground storage tanks. City Well 12 operates intermittently at approximately 800 gallons per minute. The well is constructed as a cased well without a gravel pack. The first perforated interval is at 158 feet bgs. In October 1999, Chevron's consultant, Gettler-Ryan Incorporated (GRi) placed water level transducers in two on-site monitoring wells for a 3 -day period and recorded fluctuation changes corresponding to pumping of Well 12. GRI concluded that the shallow groundwater zone is in communication with the municipal well. According to the City of Lodi Water Department, MtBE is analyzed monthly and has not yet been detected in City Well 12. 2 5_ The California Department of Health Services Drinking Water Action Level for MtBE is 13 µg/l, and the Secondary Maximum Contaminant Level for taste and odor is 5 µg/l. 6. Section 13304(x) of the California Water Code provides that: "Any person who has discharged or discharges waste into the waters of this state in violation of a.»v iya.ste discharge requirement or other order or prohibition issued by a regional board or the state hoani, or who has caused or permilted, causes or permits, or threatens to cause or permit arty waste to he discharged or deposited where it is, or probably will be, disrhnrge.d inin the waters of the state and crealer, or threatens to create, u condition of pollution or nuisance, shall upon order of the regional board cleanup such waste or abate the efreas of tate waste, or, in the case of threatened pollution or nuisance, take other necessary remedial uaion, including, but not limiled to, overseeing cleanup and abatement efforts. Upon failure of any pereon to comply with the cleanup and abate tent order, the Attorney General, at the request of the board, shall petition the superior court for that county,fur the issuance of an it junction requiring the person to cornply with the order. In a►iv such suit, the court shall havc,jurisdiction to grant a prohibitory or mandatory irajunction, either preliminary or permanent, as the fact mqv warrant. " 7. The Water Quality Control Plan for the Regional Water Quality Control Board, Central Valley Region, (4t'' Edition) (Basin Plan) establishes beneficial uses and water quality objectives to protect the beneficial uses. Water quality objectives for groundwater as specified in the Basin Plan include primary and secondary rn.aximum contaminant levels. Waste, including MTBE, has been discharged to waters of the state at concentrations that exceed water quality objectives. Exceedance of water quality objectives constitutes pollution. Therefore, waste, including MTBE, has been discharged or deposited where it has created and continues to threaten to create a condition of pollution or nuisance.