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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD <br /> CENTRAL VALLEY REGION <br /> CLEANUP AND ABATEMENT ORDER NO. R5-2009-XXXX <br /> FOR <br /> BUSTEZ ENTERPRISES, INC., AND <br /> H&H MARINA PROPERTIES, LLC <br /> H&H MARINA <br /> 15135 EIGHT MILE ROAD, STOCKTON, SAN JOAQUIN COUNTY <br /> This Order is issued to Bustez Enterprises, Inc. and H&H Marina Properties, LLC, hereafter <br /> jointly referred to as Dischargers, based on provisions of California Water Code (CWC) section <br /> 13304 and Health and Safety Code section 25296.10, which authorize the California Regional <br /> Water Quality Control Board, Central Valley Region (hereafter Central Valley Water Board or <br /> Board) to issue a Cleanup and Abatement Order (Order), and CWC section 13267, which <br /> authorizes the Central Valley Water Board to require the preparation and submittal of technical <br /> reports. <br /> With respect to the Dischargers, the Executive Officer of the Central Valley Water Board makes <br /> the following findings: <br /> PROPERTY OWNERSHIP AND OPERATIONS <br /> 1. In March 2007, Bustez Enterprises, Inc (Bustez) purchased Herman and Helen's Marina at <br /> 15135 Eight Mile Road in Stockton (Site), San Joaquin County Assessor's Parcel Number <br /> 069-080-21, and renamed the Site H&H Marina. In October 2007, Bustez sold the real <br /> property to H&H Marina Properties, LLC (H&H), which leases it to Bustez to operate the <br /> marina. H&H Marina Properties, LLC is comprised of three members that include Mr. Greg <br /> Torlai, Mr. Joe Fosso, and Mr. Joe Zyder. San Joaquin County records list the current <br /> property owner as H&H Marina Properties, LLC. <br /> 2. H&H Marina Properties, LLC is named in this Order because it is the current owner of <br /> the property where unauthorized releases of hazardous substances occurred. <br /> 3. Bustez Enterprises is named in this Order because it owned the Site at a time when an <br /> unauthorized release of hazardous substances occurred. <br /> BACKGROUND <br /> 4. In October 1991, three underground storage tanks (USTs) were removed from the Site. <br /> Soil samples taken from beneath the tanks contained gasoline and diesel, but the soil <br /> samples were not analyzed for methyl tertiary butyl ether (MTBE). Soil borings in 1996 <br /> were analyzed for MTBE and showed the highest level of MTBE in a boring adjacent to <br /> the aboveground storage tanks (AGTs). Four monitoring wells were installed in 1997 and <br /> showed MTBE at very high concentrations near the AGTs and very low concentrations <br /> downgradient of the former USTs. Groundwater contains total petroleum hydrocarbons as <br /> gasoline (TPHg), benzene, toluene, ethylbenzene, xylenes (BTEX), MTBE, tertiary butyl <br /> alcohol (TBA), and tertiary amyl methyl ether (TAME). <br />