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Californitegional Water Quality Cotol Board Central Valley Region Karl E. Longley, ScD, P.E., Chair Linda S. Adams Secretary for Environmental Projection 11020 Sun Center Drive #200, Rancho Cordova, California 95670-6114 \ -(16) 464-3291 • FAX (916) 464-4645 v pttpllyww.waterboards.ca.gov/centralval ley Arnold Schwarzenegger Governor 26 March 2009 A:'R 0 2 2009 ENVIRONMENF HEALTH Ms. Kerry Heckman PERMIT/SERVICES Connell Tire 2211 North Wilson Way Stockton, California 95205 CERTIFIED MAIL 7008 0810 1140 8805 5483 NOTICE OF VIOLATION, 2211 N. WILSON WAY, STOCKTON, SAN JOAQUIN COUNTY On 2 August 2005, the Regional Board Executive Officer issued Monitoring and Reporting Order No. R5-2005-0827 (MRP), pursuant to Water Code Section 13267 (copy enclosed), directing you to submit quarterly monitoring technical reports. The MRP requires quarterly sampling and analyses reports for all wells installed for investigation and remediation, per the MRP schedule, and submittal of the quarterly reports by the first day of the second month following that quarter (e.g., 1 February 2009). The Quarterly Report - Fourth Quarter 2008 (4Q2008), submitted 26 February 2009, states that no groundwater wells were sampled (and no groundwater wells data will be forthcoming) during the fourth quarter of 2008, which is a direct violation of the MRP. Board staff (staff) reviewed the paper copy of a document that your consultant, Advanced GeoEnvironmental, Inc. (AGE) submitted and identified as the 4Q2008. The document was submitted on 26 February 2009. The submitted document was found to be incomplete for lack of the above mentioned required groundwater sampling and analyses data. In addition, the failure to conduct the required monitoring well sampling during the fourth quarter of 2008 was not reported to staff prior to the submittal of the incomplete 26 February document. During the last couple months, staff have attended meetings with AGE and yourself, during which time the failure to conduct the required sampling could have been addressed and discussed, but was not. Further, in an email to staff on 31 December 2008, AGE requested suspension of future monitoring on your behalf, based on your financial hardship, without mentioning the sampling stoppage for that quarter. Staff responded by requesting a meeting with you to discuss your request, and attended a meeting at your office on 12 January 2009 (see attached meeting minutes). At no time during the meeting did you inform staff that water samples were not taken during the previous quarter. At the meeting, staff stated that the data from that report (402008), and future reports, would be necessary to evaluate the rebound testing of the inoperative treatment system, and groundwater plume stability, and would support a request for reductions in monitoring. As of 2 March 2009, 30 days have passed since the established MRP report due date for a complete report. Therefore, you are in violation of the Monitoring and Reporting Order, and, pursuant to Water Code Sections 13350 and 13268, are subject to civil liabilities (fines) of up to $5,000 for each day in which the violation occurs and up to $1,000 per day for each overdue report. The monitoring report is currently overdue by 30 days. Based on the number of days you are in violation (30) of the MRP you can be held liable for a maximum administrative civil liability (using $1,000/day) of $ 30,000. Please contact us immediately to set up a meeting at this office to outline steps for coming into compliance with the MRP by 24 April 2009. Failure to comply with this request will result in California Environmental Protection Agency Z,5 Recycled Paper