SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

CLEANUP AND ABATEMENT O'T�DER NO. R5-2007-XXX 12 April 2007 DOLLY MADISON/LANG ENDORF BAKERY 1426 S. LINCOLN ST., STOCKTON SAN JOAQUIN COUNTY -4- 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. 14.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. 15.To date, the State Water Resource Control Board's Underground Storage Tank Cleanup p Fund has not received a claim for the Site. R 16.A sensitive receptor survey has not been submitted for the Site. A AUTHORITY— LEGAL REQUIREMENTS F T 17.Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into waters of the state in violation of any waste discharge requirements or other order or prohibition issued by a regional board or the state board, or who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of the regional board clean up the waste or abate the effects of the waste, or, in the case of threatened pollution or nuisance, take other necessary remedial action, including but not limited to, overseeing cleanup and abatement efforts. A cleanup and abatement order issued by the state board or a regional board may require the provision of, or payment for, uninterrupted replacement water service, which may include wellhead treatment, to each affected public water supplier or private well owner. Upon failure of any person to comply with the cleanup or abatement order, the Attorney General, at the request of the regional board, shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In the suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant." 18.Section 13304(f) of the California Water Code provides that: "Replacement water provided pursuant to subdivision (a) shall meet all applicable federal, state and local drinking water standards and shall have comparable quality to that pumped by the public water system or private well owner prior to the discharge of waste"