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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION RESOLUTION NO. 98- AUTHORIZING THE EXECUTIVE OFFICER TO ENTER INTO AN AGREEMENT FOR MUTUAL RELEASE AND COVENANT NOT TO SUE FOR PROPERTY PURCHASED BY MICHAEL DOUGLAS AT 18846 NORTH HIGHWAY 99, CITY OF LODI, SAN JOAQUIN COUNTY WHEREAS, the California Regional Water Quality Control Board, Central Valley Region (hereinafter Board), finds that: 1. Jurisdiction: The former Victor Fine Foods Facility is Iocated at 18846 North Highway 99, City of Lodi, on four parcels of land totaling 50 acres. The property is more accurately described in the attached legal description. The Board is the lead agency for cleanup of groundwater at this site. 2. Enforcement Orders: The Board adopted Cleanup and Abatement Order No 87-733 Cease and Desist Order No. 88-191 and Cleanup and Abatement Order No. 92-703. Order No. 87-73-33 L required Goehring Meat Inc. to replace water supplies, investigate the extent of pollution and cleanup. Cease and Desist Order No. 88-191 required Newco Acquisition Sub, who purchased the facility from Goehring Meat, to cease discharge to the existing unlined ponds and to define the extent of groundwater pollution, to design and implement groundwater remediation and to close the existing ponds. Newco later became Golden Gate Fresh Foods and Cleanup and Abatement Order No. 92-703 was issued to Golden Gate requiring groundwater monitoring, a groundwater investigation, financial assurances, a closure plan and completion of pond closure work- Remediation orkRemediation Accomplished: Neighbors with contaminated wells had replacement wells installed, with the exception of the Warmerdam property. The Warmerdam property was supplied with water from a well on the facility property. However,the informal arrangement to serve the Wartnerdam property has not been sufficient to allow sale of the Warmerdam property. The extent of aroundw•ater contamination was investigated. An extraction system was installed to remove polluted water from the first or A-zone aquifer. Between 1990 and 1994, Golden Gate Fresh Foods was able to significantly shrink the pollution plume in the A-zone aquifer beneath the facility. Extracted groundwater was discharged into unusable groundwaters by deep injection well. 4. Future Remediation: Mr. Michael Douglas proposes to purchase the property and provide some limited remediation of the site. Mr. Douglas proposes to: remediate three underground tanks at the / site: to close pond No. 2 and compact and grade a cover over pond No. 2 to drain precipitation away from salt contaminated soils; initiate a groundwater monitoring program;to close the underground injection well in accordance with the requirements of the federal Environmental Protection Agency:to provide Mr. Warmerdam with a water sumply sufi7ciently firm so that Mr. Warmerdam can sell his property; and to remove waste water from Pond No. 1; and to eliminate physical hazards posed by the condition of the existing facility. Cl