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nine USTs having a capacity of 7,500 gallons, and one UST (a gasoline UST) having a capacity <br /> of 8,000 gallons. The nine non-gasoline USTs were used for containing toluene, xylene, <br /> acetone, MEK, butyl sellosolv and other paint manufacturing liquids. Underground piping <br /> provided transfer of product from the USTs to dispensers in the Morton building. Underground <br /> piping also ran from the gasoline UST to the gasoline dispenser. The dispenser was located <br /> approximately ten feet from the factory, between the factory and the storefront. The Site and <br /> property to the south are currently vacant. <br /> Pursuant to the Polanco Redevelopment Act, H&SC §§33459 et seq., the <br /> REDEVELOPMENT AGENCY took corrective action against the defendants listed in the <br /> underlying court action in the Superior Court of the State of California In and For The County of <br /> San Mateo filed as The Redevelopment Agency of the City of Stockton v. Union Oil Company of <br /> California, et. al. On or about December 22, 1998, the REDEVELOPMENT AGENCY issued <br /> defendants Corrective Action Notices under the Polanco Redevelopment Act. Defendant Morton <br /> Paint did not respond within 60 days to the Notices. <br /> 2.2 Ownershin. The Site is currently owned by the REDEVELOPMENT AGENCY. <br /> 2.3 Known Substances. Portions of the Site have historically been used for temporary <br /> storage of gasoline and paint manufacturing liquids. Soil gas sampling was performed at the Site <br /> in 1989 and identified the presence of toluene at 1 part per million(ppm) and xylenes at 1 ppm in <br /> the vicinity of the USTs. The presence of ethylbenzene and xylenes in the vicinity of the USTs <br /> were confirmed during soil sampling of Borehole B-6 at 20 feet bgs and Borehole B-19 at 15 feet <br /> below ground surface ("bgs"). TPH as oil (TPHo) was identified in several soil samples <br /> collected at depths of 2.5 and 6 feet bgs. The average TPHo concentration was 402 milligrams <br /> per kilogram (mg/kg) and the median concentration was 130 mg/kg. The sample locations are <br /> consistent with access areas for Morton company vehicles. Monitoring Well MW-6 is located in <br /> the northeast quadrant of the Site, approximately 75 feet to the north of the referenced location of <br /> the USTs. The concentration of TPH as gasoline (TPHg) in Well MW-6 is 77,000 micrograms <br /> per liter (ug/L). In August 2003, toluene and xylene were present in Well MW-6 at <br /> concentrations of 1,400 ug/L and 25,100 ug/L, respectively. The concentration of ethylbenzene <br /> in August 2003 was 10,000 ug/L. The REDEVELOPMENT AGENCY continues to assess Site <br /> conditions. The WATER BOARD shall be informed if or when the facts referred to above <br /> change. <br /> III. <br /> AGREEMENT <br /> 3.0 IT IS HEREBY AGREED THAT WATER BOARD will provide review and <br /> oversight of the investigation and response activities conducted at and around the Site by the <br /> REDEVELOPMENT AGENCY. The REDEVELOPMENT AGENCY, through its employees, <br /> agents and assigns, shall prepare site investigation documents and cleanup and remedial actions <br /> plans and implementation documents and submit them to the WATER BOARD for comment <br /> and/or approval. The REDEVELOPMENT AGENCY shall implement clean up or remedial <br /> action plans, once approved by the WATER BOARD, to remedy releases of hazardous <br /> 3 <br />