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dik DP.AFT CLEANUP AND.ABATEMENT ORDER RS-2012-XXXX RALPH LEE WHITE AND PETER BUI -3- 2122 SOUTH AIRPORT WAY;SAN JOAQUIN COUNTY 9, Since January 2012, the Dischargers have not complied with Central Valley Water Board directives to provide progress reports of the Fund claim transfer and submit monitoring reports. According to Regional Board files, Mr. White has failed to supply additional requested information to the Fund in order to become eligible for the claim. Mr. White's failure to supply the required information is stopping Mr, Bui from also accessing Fund money through the Fund's Assignment process; however, Mr. Bui has not applied for a separate claim as the tanks operator. 10.The table below shows the concentrations of petroleum consti reported in the last groundwater sampling conducted in December 2011 at the d the water quality objectives (WQOs) for those constituents. r Quality Objectives onstituent Concentr lag/L) (pglL) TPH;asg;asn1inP. (TPHg) 51 Benzene 0 Ethylbenzene 00 Toluene 150 Xylenes 13',MUW 1,750 Methyl Tertiary-Butyl Ether (MtBE) 36,00 132 Tert Amyl Methyl Ether 3.8 NA 1,2-Dichloroethane 0.52 1-USEPA Health Advisory 2-California Primary MCL —wQOs listed TY- L 0,2111' NTS 11.The Central V ater Boar rives its, ority to issue and enforce the legal requirements o Order fr alifornia L Regulations, Policies, and Plans included in Attachment A, is an I ade part of this Order. 12.The ted ding Nos. 3, '' , and 10 are wastes as defined in Water C ction 1 dwater exceeds the applicable WQOs for the constituents in Finding No nd e the discharge of wastes. These exceedances are in ve of an impai t to neficiai uses of the groundwater, and thereby cons a condition o Ilution s defined in Water Code section 13050(1)(1). DISCHARGER LIABILITY 13.As described i 1 through 10, the Dischargers are subject to an order pursuant to Water ode 1, 13304 because the Dischargers have caused or permitted waste to be discharged or deposited where it has discharged to waters of the state and has created, and continues to threaten to create, a condition of pollution or nuisance. The condition of pollution is a priority violation and issuance or adoption of a cleanup and abatement order pursuant to Water Code section 13304 and Health and Safety Code section 25296.10 is appropriate and consistent with policies of the Central Valley Water Board.