SITE INFORMATION AND CORRESPONDENCE_1994-1996

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ST_ATF, OF CALIFORNIA - Environmental Prot Agency 11 J CnL1FORNIA REGIONAL WATER QUALITY CONTROL BOARD PETE WILSON Governor CENTRAL VALLEY REGION 3443 Routier Road, Suite A Sacramento, CA 95827-3098 PHONE: (916) 255-3000 FAX: (916) 255-3015 - ' 7 ? Pri 2: 26 8 September 1994 Mr. Robert Sullivan 2079 E. Minor Avenue Stockton, CA 95205 REQUEST FOR PROPERTY ACCESS, SHELL OIL COMPANY, STOCKTON BULK FUEL TERMINAL, SAN JOAQUIN COUNTY As stated in Mr. Denning's 8 and 29 July 1994 letters (copies attached), Shell is required by Cleanup and Abatement Order No. 94-705 to define the extent of soil and ground water petroleum hydrocarbon contamination on and off its property. Part of the work requires taking soil and ground water samples from and maybe installing monitoring wells on your property. The information from this investigation is necessary to establish the extent of contamination from Shell and will serve as the basis for future investigative and remedial work. Under California law, all persons owning property underlain by contaminated ground water may be held responsible for investigation or remediation of the contamination (Water Code Sections 13267 and 13304). Generally, the Board has exercised its discretion to hold responsible only persons who own the land which was the source of the pollution, and not landowners whose land sits over the Plume. Nonetheless, it is common that those persons remediating sites require access to adjacent land to complete investigation and remediation. Where access to adjacent land is required, the Board encourages the responsible party and the adjarrnt la_ndOWner to come to agreement regardi.lg access. tri.a nieei-171ejii may 111ClLLde indemnity clauses and payments. On 22 August 1994, Mr. Denning of Shell contacted us and stated that you have not responded to his latest request of 29 July 1994 for access to your property. We are extremely concerned that the failure to reach an agreement will impede the investigation. We wish to state emphatically that the investigation of this site must proceed, and that, while we prefer to see the parties come to a mutual agreement on access, we will intervene if necessary. We suggest that you allow Shell access to your property to conduct the investigation. If you do not provide Shell with access on your property and the investigation is delayed, the Board may require you to conduct the investigation necessary to define the extent of the contaminant plume. By 22 September 1994, please inform Philip Isorena of my staff of your intentions. If Shell does not receive access to your property by 30 September 1994, the Board may issue an enforcement order.