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CLEANUP AND ABATEMENT ORDER NO. 5-00-704 FORh4ER CHEVRON STATION #9-5775 301 WEST KETTLEMAN LANE LODL SAN JOAQUIN COUNTY hours. GR is scheduled to continue weekly extraction at EX -1 until an interim pump and treat system is installed. 5. On 7 April 2000, GR submitted a workplan to the San Joaquin County Environmental Health Division to install six additional monitoring wells to further define the Iateral and vertical extent of petroleum hydrocarbons and fuel oxygenates both on-site and offsite. One deep monitoring well will be installed next to NIW-8 to sen -e as a sentinel well between the on-site contamination and the active City of Lodi -Municipal Well 12 (City Well 12). G. 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 with a 108 -foot annular seal, cased to 490 feet bgs without a gravel pack, and the first perforated interval is at 210 feet bgs. Th.- City of Lodi Water Department analyzes monthly samples from City Well 12 using EPA Method 524.2. MtBE has not been detected in this well at a detection limit of 3 µg/1. 7. In October 1999, GR placed water level transducers in two on-site monitoring Knells for a 3 -day period and recorded fluctuation changes corresponding to pumping of City Well 12. GR concluded that the shallow groundwater zone is in communication with the municipal well. 8. The California Department of Health Services Drinking Water Action Level for MtBE is_ 13 µ and the Secondary Maximum Contaminant Level for taste and odor is 5 µg11. 9. Section I3304(a) of the California Water Code provides that: :Any person who has discharged or discharges wave into the waters of this state in violation of any I%Vwe discharge requirement or other order or prohibltion issued by a regional board or the state board, or who has caused orpernrftted, causes or permits, or threatens to cause or permit anti- waste to be discharged or deposited where its, ar pro' bably will be, discharged into the waters of the state and er was. or trneatens to meate. a condition afpolludon or nuisance, shall upon order of the regional board cleanup such waste or abmc the effects of the waste, or, in the case ofthreatened pollution or nuisance, take other necessary remedial action, including, but not limited to, overseeing cleanup and abatement efforts. Upon fallure of anyperson to comply with the cleanup and abatement order. dye !Attorney General, at the request' of the board, shall petition the superior court for that cosarn _ior the issuance of an injunction requiring the person to comply with the order. In any such suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either proeliminary or permanent, as the fad may w+arranL " 10. The Water Quality Control Plan for the Regional Water Quality Control Board, Central Valley Region, (4th 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 maximum 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. 2