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CLEANUP AND ABATEMENT ORDER -4- PORT OF STOCKTON FUEL TERMINALS SAN JOAQUIN COUNTY 17. Gasoline and its components (benzene, toluene, and xylene isomers) are hazardous substances as defined by California Department of Health Services (DHS) in Title 22 of the California Code of Regulations. The DHS has established concentrations for chemicals in drinking water above which the water is not considered safe to drink. These concentrations are known as "action levels." Action levels for total petroleum hydrocarbons (TPH), benzene (8) , toluene (T), xylene (X) , and ehtylbenzene (EB) are, respec- tively, none detected, 0.7, 100, 670, and 620, each measured in micrograms per liter (ug/1 ) or in parts per billion (ppb) . 18. Section 13304(a) of the California Water Code provides: "Any person who has discharged or discharges waste into the waters of this state in violation of any waste discharge requirement or other order or prohibition issued by a regional board or the state board, or who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the regional board clean up such waste or abate the effects thereof or, in the case of threatened pollution or nuisance, take other necessary remedial action. Upon failure of any person to comply with such cleanup or abatement order, the Attorney General , at the request of the board, shall petition the superior court for that county for the issuance of an injunction requiring such person to comply therewith. In any such suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant." 19. The issuance of this Order is an enforcement action by a regulatory agency and as such, is exempt from the provisions of the California Environmental Quality Act, pursuant to Title 14, California Code of Regulations (CCR), Section 15321(a) (2). 20. The Board has not adopted waste discharge requirements for the Fuel Terminal Area. 21. Any person affected adversely by this action of the Board may petition the State Water Resources Control Board to review the action. The petition must be received by the Board within 30 days of the date on which the Order was signed. Copies of the laws and regulations applicable to filing petitions will be provided on request. IT IS HEREBY ORDERED, that pursuant to Section 13304, 13260, and 13267 of the California Water Code, the Port of Stockton; ST Services; Stockton Petroleum; Southern Pacific Pipe Lines, Inc. ; ARCO; Tesoro Refining, Marketing and Supply