SITE INFORMATION AND CORRESPONDENCE FILE 1

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7/12/96 Mr. Michael Infurna Page 4 cannot recall a single instance where the additional data confirmed the exact orientation of the original contours(or"zero lines"). Usually, as more information becomes available, the position of the contour lines is changed to reflect the additional information. I would also like you to consider an article by Evan Nyer et.al., that appeared in the Spring 1996 issue of Groundwater Monitoring& Remediation'. Mr. Nyer wrote: Once contours are put onto a map,they are taken as fact,and trying to convince someone otherwise is like trying to put toothpaste back into the tube. Obviously this can have serious implications at sites where litigation over responsibility is ongoing. In addition, you should consider the RWQCB-SFBR2 Supplemental Instructions to State Water Board December 8, 1995 Interim Guidance on Required Cleanup at Low Risk Fuel Leak Sites (pg 4): Stable or decreasing plumes often display short term variability in groundwater concentrations. These effects are due to changes in groundwater flow, degradation rates, sampling procedures,and other factors which are inherently variable. This behavior should not necessarily be construed as evidence of an unstable plume but may be the natural variations of a stable plume in the environment. The County letter also directs BP to submit all quarterly reports prior to the next sampling event, and to submit a time schedule showing dates of the quarterly sampling for the next year. You should be aware that Alisto Engineering Group is performing groundwater monitoring at all of BP's retail projects in California. Turnaround for these reports is typically on the order of eight weeks - sometimes more, sometimes less. I expect that we may not be able to comply with this request at all times, however, I will endeavor to forward reports to your office a quickly as practicable. I prefer not to commit to specific sampling dates at this time, because it reduces our flexibility to accommodate requests for coordinated monitoring at other sites, or to accommodate the changing schedules of other oversight agency personnel. This approach has been acceptable to all of the other agencies in the state, and I trust that it will be acceptable in this particular case. If you disagree, give me a call and we'll work something out. Finally, the County letter closed with a statement referencing the potential for enforcement referral to the San Joaquin District Attorney's office. The letter also served as notification to the District Attorney that the site is not complying with minimum requirements of the Underground Tank Regulations, although the letter did not describe specific allegations of noncompliance. I am troubled by this, and I hope that you will let me know whether further action is required on our part to avoid enforcement referral. 1 Developing a Healthy Disrespect for Numbers,p49 2 I recognize that this site falls under the CRWQCB-CVR,not the CRWQCB-SFBR. However,I understand that revised guidance will in the CVR will parallel the SFBR in the very near future.