ARCHIVED REPORTS_PETITION FOR REVIEW OF ACTION; REQUEST FOR STAY HEARING

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Mr. Pat Riddle Page 2 of 3 paved with asphalt and concrete. According to aerial photos, much of the site was unpaved as recently as 2004. Diesel Spill On March 14, 1998 a broken nozzle on a fuel dispenser resulted in the spillage of an estimated 40-50 gallons of diesel fuel. VPPS personnel reported the spill to the San Joaquin County Office of Emergency Services, who referred the case to the San Joaquin County Environmental Health Department (EHD). EHD personnel responded to the site. The incident report prepared by EHD indicates that an estimated 40-50 gallons were spilled, the majority of which was contained in a paved, bermed area around the dispenser islands: An estimated 7-8 gallons escaped the bermed area and flowed north along a dirt road near the western property line of the site. When EHD arrived at the site, the spill was in the process of being cleaned up with absorbent. On a subsequent visit (March 16, 1998), EHD personnel noted that some residual fuel was visible next to the fence line on the west side of the property. VPPS was instructed to clean this up. On the final visit (March 18), the EHD inspector noted that the fuel had been cleaned up and 5 drums of material (fuel, contaminated soil and absorbent) had been generated and was stored on the site. The location of the spill is shown on Figure 2. The EHD report is included in Attachment A. By letter dated September 28, 2010 RWQCB indicated that they had reviewed the EHD incident documentation and directed VPPS to submit a workplan to investigate the potential for residual contamination related to the spill or provide the results of previous investigation, The RWQCB inquiry into the spill was apparently prompted by a request from Chevron. Groundwater Conditions Due to significant contamination, groundwater at the adjacent Chevron Banta Terminal has been extensively investigated. According to Arcadis' Third Quarter 2010 Groundwater Monitoring Report shallow groundwater beneath the site has been divided into an"Upper A Zone", and "A Zone" and a"B Zone". First groundwater is the Upper A Zone, Groundwater flow is generally toward the northeast. Upper A Zone monitoring well MW=74UA is located in close proximity to the VPPS Cardlock facility. Depth to water in this well has ranged between 4.21 and 6.93 feet below grade. Judging from historical water levels in older monitoring wells on the Chevron site, groundwater may have been as shallow as 3 feet or less within the last fifteen years. Groundwater beneath the Chevron Terminal is impacted with fuel hydrocarbons, principally diesel. Analytical results indicate that contaminated groundwater from the Chevron release(s) likely extends beneath the VPPS Cardlock facility(Attachment B), G:\GROUNDZE\VPP$\BANTA\REPORTSUstter to Pat Riddle.doc