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• v v <br /> DRAFT <br /> II. CONTENTIONS AND FINDINGS <br /> Contention: The petitioner contends its case should be closed because soil and <br /> groundwater assessment is complete and corrective actions conducted have diminished <br /> the presence of residual petroleum hydrocarbon constituents to a point where they pose a <br /> "low risk"to public health and safety, the environment, and to current or probable future <br /> beneficial uses of water. <br /> Findings: Petitioner's contention has merit. As explained below, the facts in the <br /> record support the finding that additional soil-and groundwater investigation or additional <br /> remediation is not necessary and that residual petroleum hydrocarbon constituents at <br /> petitioner's site do not pose a threat to human health and safety, or the environment, and <br /> do not adversely affect, or threaten to affect, current or anticipated future beneficial uses <br /> of water. In addition, the level of site cleanup is consistent with the maximum benefit to <br /> the people of the state and will meet the applicable objectives in the Central Valley <br /> RWQCB Basin Plan within a reasonable time frame. <br /> The primary sources of the release(the USTs, dispenser, and associated piping) <br /> have been removed as well as a substantial volume of affected soil from the immediate <br /> vicinity of the former USTs. Free product has never been observed in any site monitor <br /> wells and SVE has removed a substantial mass of residual petroleum hydrocarbons in the <br /> vicinity of the former pump island. <br /> With regard to affected groundwater and its potential to adversely impact current <br /> or anticipated future beneficial uses, substantial evidence in the record indicates that <br /> concentrations of dissolved phase hydrocarbons are decreasing, the plume is stable, <br /> MTBE is not present, and attenuation and biologic degradation of residual petroleum <br /> hydrocarbons in site soil and groundwater is occurring. Further, available data indicate <br /> that the affected groundwater monitored by site wells, in addition to being of inferior <br /> quality, is not hydraulically connected to the deeper groundwater aquifers that are used <br /> locally for municipal, industrial or agricultural supply. <br /> Concentrations of TPH-g and benzene detected in groundwater from monitor well <br /> MW-2 (at the location of the former pump island) typically ranged from 100,000 to <br /> 200-000 onh and 6.000 to 25.000 onb_ resnectively_ from 1988 through 1994: <br />