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.tee <br /> CLEANUP AND ABATEMENT ORtFr_R NO. R5-2007-0725 <br /> DOLLY MADISON/LANGENDORF BAKERY <br /> 1426 S. LINCOLN ST., STOCKTON <br /> SAN JOAQUIN COUNTY <br /> -3- <br /> 7. Based on the San Joaquin County Grant Deed dated 28 May 2003, Timothy Kong <br /> purchased the property from the TODCOGIC, and is subject to this Order because he <br /> currently owns the property, and has knowledge of IBC's efforts to investigate the <br /> discharge and the ability to control access to the property at 1426 S. Lincoln St., <br /> Stockton. The former Dolly Madison / Langendorf Bakery (Site) at 1426 S. Lincoln St., <br /> Stockton, in San Joaquin County is currently a storage facility owned by Timothy Kong <br /> (Attachment 1). <br /> 8. Based on the Industrial Lease dated 1 July 1991 between Lorrie Greene, Landlord and <br /> the Rainbo Baking Company of the Sacramento Valley (Rainbo//Earthgrains Inc), Tenant; <br /> the Rainbo/Earthgrains Inc operated a bakery at 1426 S. Lincoln St., Stockton until <br /> 30 June 1996. Rainbo/Earthgrains Inc was named as a responsible party for the <br /> investigation and cleanup on 15 August 1996 by SJCEHD and subsequently removed as <br /> a responsible party by SJCEHD after stating they only operated a thrift store at the Site <br /> (SJCEHD records). Rainbo/Earthgrains Inc is not subject to this-Order because it did not <br /> own or operate the UST system that caused or permitted waste to be discharged to <br /> waters of the state where it has created a condition of pollution or nuisance, nor did they, <br /> as tenants to Lorrie Greene, have the ability to control the discharge. Should information <br /> be submitted substantiating Rainbo/Earthgrains Inc responsibility for the subject release, <br /> the Regional Board may consider adding Rainbo/Earthgrains to this Order. <br /> BACKGROUND <br /> 9. On 27 July 1988, one 1,000-gallon leaded gasoline UST was removed from the Site by <br /> IBC (Attachment 2). Confirmation soil sampling revealed the presence of Total Petroleum <br /> Hydrocarbons as gasoline (TPHg) detected at concentrations of 95 milligrams per <br /> kilogram (mg/kg), Xylenes at 3 mg/kg, and Lead at 138 mg/kg in one soil sample taken <br /> from the UST excavation. <br /> 10.On 6 November 1996 the SJCEHD sent a letter to IBC, with a copy to Lorrie Greene, <br /> informing IBC that it was a responsible party. Also named as a responsible party in the <br /> 6 November 1996 letter was Lorrie Greene. The SJCEHD letter directed IBC to submit a <br /> workplan by 16 December 1996 to "...initiate this investigation..."and recommended <br /> "...installation of a soil boring through the former tank pit..."The SJCEHD letter also <br /> stated. "Should this boring indicate vertical spreading to groundwater...additional soil <br /> borings and/or groundwater monitoring wells may be required.". <br /> 11.IBC hired EMCON as its consultant and submitted a'Work Plan on 27 January 1997, <br /> proposing the installation of three on-site borings (monitoring wells MW-1 and MW-2, and <br /> soil vapor extraction well VW-1). The work was completed in February 1997. <br /> The following waste constituents were detected in soil at the specified maximum soil <br /> concentrations: TPHg, 1,080 mg/kg; benzene, 9.5 mg/kg; toluene, 35 mg/kg; <br />