SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT ORDER R5-20 - XXX • 3- BUSTEZ ENTERPRISES,INC.AND H&H MARINA PROPERTIES,LLC H&H MARINA,15135 EIGHT MILE ROAD,STOCKTON, SAN JOAQUIN COUNTY 12.On 14 August 2008, Board staff met with H&H, which informed staff that its insurance carrier would not provide the funds necessary to continue the mandated investigative and cleanup work because of the commingling with historical pollution. H&H stated that it would enter negotiations with the CUF and with its insurance carrier to obtain funding for additional investigation and cleanup. Board staff sent a letter on 4 September 2008 that clarified that, although commingled, the concentrations of constituents of concern of the two spills are distinct and the costs, therefore, are separable. 13. On 17 June 2008, Board staff notified H&H that NPDES Order No. 5-00-119 had been revised. Dischargers were given 180 days to submit a Notice of Intent (NOI) in order to discharge under the new NPDES permit, Order No. R5-2008-0085, which replaced Order No. 5-00-119. H&H did not submit the NOI. In a letter dated 3 August 2009, Board Cleanup staff instructed H&H Marina to submit the overdue NOI by 24 August 2009. 14. In April 2009, Board staff concurred with H&H Marina's 13 February 2009 Additional Site Assessment Report, which recommended reducing the monitoring and reporting requirements in MRP No. R5-2004-0828 and installing additional extraction wells to optimize the treatment system. 15. H&H has failed to submit quarterly monitoring reports as required by MRP No. R5-2004- 0828 and by Attachment B of NPDES Order No. 5-00-119. The first quarter reports that were due on 1 May 2009 were not submitted until 19 June 2009. H&H has not submitted the quarterly reports that were due on 1 August or 1 November 2009. 16.Operation of the existing on-site treatment system is needed to clean up petroleum hydrocarbon pollution in groundwater. Components of the treatment system malfunctioned and were repaired several times during 2009. Operation of the system was discontinued on 30 June 2009 after the groundwater pump was removed from the extraction well. 17.On 24 August 2009, in response to H&H's 13 February 2009 request, the Board's Executive Officer issued MRP No. R5-2009-0833, which replaced the requirements of MRP No. R5-2004-0828. As a cost saving measure, the revised MRP eliminated two surface water sampling locations and reduced the monitoring frequency and sampling requirements for several monitoring wells. 18.During October 2009, Board staff left voice mail messages with H&H's business consultant, Mr. Patrick McCarty, requesting a meeting to discuss potential enforcement to bring the site into compliance. Despite several phone calls and one email, H&H did not schedule a meeting. 19.The table below shows the maximum concentrations of petroleum constituents reported in groundwater and the water quality objectives (WQOs) for those constituents.