SITE INFORMATION AND CORRESPONDENCE_1994-1996

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CLEANUP AND ABATEMENT ORDER NO. 94-705 -2- SHELL OIL COMPANY STOCKTON TERMINAL SAN JOAQUIN COUNTY 7. In October 1991, Shell submitted an incomplete Report of Waste Discharge (RWD) for a national pollutant discharge elimination system (NPDES) permit for the discharge of process water and extracted ground water using a fluidized bed biological reactor for treatment. Shell submitted a complete RWD in November 1992. Due to Shell's delays in commenting on the draft waste discharge requirements (WDRs), the tentative WDRs were not sent out for public comment until December 1993. Shell commented that it could not meet the effluent limits in the tentative WDRs with its existing treatment system and requested higher limits. Staff did nor approve this request. 8. In April 1994, Shell decided to use a carbon adsorption unit to treat extracted ground water to meet the required limits. On 5 May 1994, Shell submitted an application under the General Order for Discharge of Ground Water from Cleanup of Petroleum Fuel Pollution to Surface Waters. On 3 June 1994, the Board's Executive Officer issued a notification of applicability of the General Order to Shell which allows Shell to discharge treated ground water to surface waters. 9. During a 6 June 1994 meeting, Shell informed staff that the carbon adsorption unit has not been ordered, and it will take 8-10 weeks to obtain the unit. Shell also proposed a phased approach to remediate the site which would result in not activating the ground water extraction system until January 1995 at the earliest. 10. Section 13304(a) of the California Water Code provides that: "Any person who has discharged or discharges waste into the waters of this mute in violation of any waste discharge requirement or other order or prohibition issued by a regional board or the State Board,or who has caused or permitted,causes or permits,or threaten to cause or permit soy waste to be discharged or deposited where it is,or probably will be, discharged into the waters of the sate and create+,or threaten to create,a condition of pollution or nuisance, shall upon order or 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 sbaternem efforts.' 11. Section 13267(b) of the California Water Code provides that: "In conducting an investigation specified in subdivision(a),the regional board may require that any person discharging or proposing to discharge waste within its region or any citizen or domiciliary,or political agency or entity of this state discharging or proposing to discharge waste outside of its region that could affect the quality of waters within its region shall furnish under penalty of perjury,those technical or monitoring program reports as the board may specify. The burden, including costs,of thew reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports." 12. The Discharger caused or permitted waste to be discharged into ground water where it created a condition of pollution or nuisance.