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• / CLEANUP AND ABATEMENT ORDER*1009-XXXX -2- BUSTEZ ENTERPRISES, INC.AND H& RINA PROPERTIES,LLC H&H MARINA,15135 EIGHT MILE ROAD, STOCKTON,SAN JOAQUIN COUNTY 5. Due to the presence of MTBE and the location of the majority of the pollution near the AGTs, Central Valley Water Board and San Joaquin County Environmental Health Department staff concluded a majority of the pollution was from the AGTs. In a 2 June 2003 letter, the State Water Resources Control Board's (State Water Board's) UST Cleanup Fund (CUF) Manager stated that the CUF was "reviewing available information regarding the possible sources of the petroleum pollution at the site and have tentatively concluded that most of the MTBE did not originate from the USTs." The letter further stated that the CUF would await the results of a pending investigation before making a final decision. 6. In a 6 December 2004 letter, the CUF issued a Fund Manager Decision that concluded "the only significant contamination at your site is located in the vicinity of the ASTs and is the direct result of unauthorized releases from the ASTs." The letter said there would be no further reimbursements and that all costs incurred after the June 2003 letter"are considered to be an overpayment and must be returned to the Fund." The overpayment amounted to $257,983. 7. In an 18 April 2005 letter, the CUF issued a Final Division Decision upholding the Fund Manager's Decision. 8. On 10 June 2004, the Central Valley Water Board Executive Officer issued a Notice of Applicability for Order No. 5-00-119, General Order for Discharge to Surface Water of Groundwater from Cleanup of Petroleum Fuel Pollution. The project was assigned General Order No. 5-00-11938 to regulate discharges of waste from a groundwater treatment system into an unnamed agricultural drainage ditch, which is hydraulically connected to the San Joaquin Rivera 9. In June 2005, Herman & Helen's Marina began conducting groundwater remediation by extracting groundwater from a 6-inch diameter extraction well (EW-1) and routing it through a granular activated carbon (GAC) treatment system. Monitoring of this interim remedial measure (IRM) was conducted pursuant to MRP No. R5-2004-0828, which required Herman & Helen's to submit quarterly monitoring reports. 10.A gasoline discharge of unknown quantity occurred around September 2007 from an AGT and caused a distinct increase in the petroleum hydrocarbon concentrations in MW-2, the well closest to the AGTs. To address the soil and groundwater pollution caused by the September 2007 spill, H&H excavated and disposed of the contaminated soil, partially backfilled and shored the excavation, and installed a sump pump in the partially backfilled excavation. H&H commenced groundwater extraction from the sump pump and EW-1, and routed the groundwater to the existing IRM treatment system. 11.This cleanup activity is incomplete, as the elevated concentrations of dissolved petroleum hydrocarbons in groundwater indicate. In an 11 January 2008 letter, Board staff requested submittal of a work plan by 29 February 2008 to investigate and complete the cleanup of the entire commingled pre-2007 and September 2007 plumes. In a 22 February 2008 Additional Site Assessment Work Plan, H&H proposed to add two extraction points to enhance the existing groundwater extraction system. In subsequent verbal and written correspondences, H&H has stated that it lacks the financial resources to implement the work,plan.