SITE INFORMATION AND CORRESPONDENCE

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CLCANUP AND ABATEMENT OFR NO. R5-2007-0725 DOLLY MADISON/LANGENDORF BAKERY 1426 S. LINCOLN ST., STOCKTON SAN JOAQUIN COUNTY -4- ethylbenzene, 16.8 mg/kg; xylenes, 76.3 mg/kg; and Methyl tert-Butyl Ether (MtBE), 2.9 mg/kg. Maximum groundwater concentrations from MW-1 were: TPHg, 18,000 micrograms per Liter (ug/L); benzene, 4,400 ug/L; toluene, 280 ug/L; ethylbenzene, 890 ug/L; and xylenes, 1,200 ug/L. 12.Although EMCON recommended Soil Vapor Extraction (SVE) as the remedial option in its 5 August 1997 Subsurface Soil and Groundwater Investigation Report, there is no record that SVE was implemented at the Site. Two Cone Penetrometer Borings were installed in May 2000 to further investigate the extent of the release. IBC continued submitting quarterly groundwater monitoring reports for the three wells through various consultants through the second quarter of 2004, when all monitoring ceased. Court records show that IBC filed for bankruptcy on 23 September 2004 and is awaiting a final determination for the bankruptcy. 13.On 4 August 2005, SJCEHD issued a letter to Timothy Kong that required resumption of quarterly monitoring by 30 August 2005 and submittal of a workplan to define vertical and lateral extent of waste constituents by 30 September 2005. On 8 August 2005, the SJCEHD issued the same directive to IBC. SJCEHD records show that Timothy Kong met with the SJCEHD on 11 August 2005, however the workplan was not submitted. On 5 October 2005, the SJCEHD sent letters to Timothy Kong and IBC, which required the submittal of a workplan within 14 days. On 31 October 2005, the SJCEHD sent letters to Timothy Kong and IBC requested a meeting on 28 November 2005, to discuss the lack of compliance with the SJCEHD directives. On 15 November 2005, the SJCEHD issued Notice of Responsibility (NOR) letters to Lorrie Greene and the TODCOGIC. The SJCEHD records show that Timothy Kong met with the SJCEHD on 28 November 2005 and agreed to submit a workplan. On 27 March 2006, Timothy Kong sent a letter to the SJCEHD, stating that the workplan was delayed due to financial and legal setbacks. The workplan was not submitted. 14.Efforts by the SJCEHD to ensure the Dischargers compliance were unsuccessful and on 31 August 2006, the SJCEHD referred the Site to the Regional Board for enforcement action. 15.On 26 September 2006, Regional Board staff issued a letter to IBC, Timothy Kong, Lorrie Greene and the TODCOGIC, acknowledging the change of lead agency, and requested a workplan for an additional investigation to delineate the vertical and lateral extent of the petroleum hydrocarbon release to soil and groundwater by 31 October 2006 and a report of the investigation by 3 January 2006 (correct date: 2007). At the time of this Order, the workplan has not been received. 16.Timothy Kong conducted one groundwater monitoring event on 22 November 2005. Maximum concentrations were: TPHg, 1,400 ug/L; benzene, 280 ug/L; toluene, 3.4 ug/L; ethylbenzene, 73 ug/L; xylenes, 190 ug/L; MtBE, 2.8 ug/L and 1,2-DCA, 9.3 ug/L.