SITE INFORMATION AND CORRESPONDENCE

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CLEANUP AND ABATEMENT CKDER NO. R5-2007-XXX 12 April 2007 • DOLLY MADISON/LANGENDORF BAKERY 1426 S. LINCOLN ST., STOCKTON SAN JOAQUIN COUNTY -3- letter also stated. "Should this boring indicate vertical spreading to groundwater...additional soil borings and/or groundwater monitoring wells may be required.". 9. IBC hired EMCON as their consultant and submitted a Work Plan on 27 January 1997, proposing the installation of three on-site borings (monitoring wells MW-1 and MW-2, and soil vapor extraction well VW-1). The work was completed in February 1997. The following constituents of concern were detected in soil at the specified maximum soil concentrations: TPHg, 1,080 mg/kg; benzene, 9.5 mg/kg; toluene, 35 mg/kg; ethylbenzene, 16.8 mg/kg; xylenes, 76.3 mg/kg; and Methyl tert-Butyl Ether (MtBE), D 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; R ethylbenzene, 890 ug/L; and xylenes, 1,200 ug/L. A 10.Although EMCON recommended Soil Vapor Extraction (SVE) as the remedial option in their 5 August 1997 Subsurface Soil and Groundwater Investigation Report, there is no F 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 T 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 are awaiting a final determination for the bankruptcy. 11.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 pollution 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 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 Hunt 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. 12. 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. 13.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