State of California California Regional Water Quality Control Board

Santa Ana Region

Cleanup and Abatement Order No. R8-2016-0042 for

Cham-Cal Engineering Co. and Western Avenue Associates, L.P. 12722 Western Avenue City of Garden Grove

The California Regional Water Quality Control Board, Santa Ana Region (hereinafter Regional Board), finds that:

1. Legal and Regulatory Authority: This Order conforms to and implements policies and requirements of the Porter-Cologne Water Quality Control Act (Division 7, commencing with Water Code § 13000) including: (I) §§ 13267 and 13304; (2) applicable State and federal regulations; (3) all applicable provisions of Statewide Water Quality Control Plans adopted by the State Water Resources Control Board (State Board) and the Water Quality Control Plan, Santa Ana River Basin (Basin Plan) adopted by the Regional Board including beneficial uses, water quality objectives, and implementation plans; ( 4) State Board policies and regulations, including State Board Resolution No. 68-16 (Statement of Policy with Respect to Maintaining High Quality of Waters in California), Resolution No. 88-63 (Sources of Drinking Water), and Resolution No. 92-49 (Policies and Procedures for Investigation and Cleanup and Abatement of Discharges under California Water Code § 13304); and (5) relevant standards, criteria, and advisories adopted by other State and federal agencies.

2. Property Description

a. Cham-Cal Engineering Co. (Cham-Cal) is a manufacturer of heavy duty mirrors, brackets, and accessories, located at 12722 Western Avenue, Garden Grove, Orange County (Site).

b. The legal description of the Cham-Cal property is Parcel Number 215-033-03, Orange County Assessor Map Book 57, Page 27, part B, 12722 Western Avenue, Garden Grove, County of Orange, State of California. It is located at 33°46'39.52" N latitude and 118°00'01.19" W longitude. Chambers Property Management Company purchased the property from the Bazz Houston Company (Bazz Houston) in 1976. The Chambers Property Management Company has since been renamed and is currently known as Western Avenue Associates, L.P.

c. Persons Named as Responsible Parties: Cham-Cal is named as a Responsible Party under this Order because it used and stored chlorinated solvents which discharged tetrachloroethylene (PCE) to soil and groundwater at the Cham-Cal Site. PCE is not naturally occurring and is a waste as defined in Water Code § 13050(d). Western

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A venue Associates, L.P. is named as a Responsible Party as the property owner of the Cham-Cal Site.

3. Unauthorized Discharge of Waste

a. Cham-Cal used volatile organic compounds (VOCs) including PCE and other chemicals in its operations.

b. Prior to the discovery of the Cham-Cal Site as a source of PCE, Cham-Cal's neighboring property, Bazz Houston, was in the process of conducting an on-site and off-site investigation to determine VOC-impacts to groundwater from its operations. When conducting the off-site investigation in 2006, VOC-impacts to groundwater were confirmed beneath the Cham-Cal Site, and in areas downgradient of the Cham­Cal Site.

c. Inspection records kept by the Orange County Health Care Agency (County Health) during the period between March 20, 1986 and April 2, 1991 confirmed that Cham­Cal used, stored, and disposed of hazardous chemicals including PCE, at the Cham­Cal Site. Records indicated that in 1986, County Health staff observed at least fifteen (15) drums of waste and, on at least one occasion, PCE was observed leaking from a badly rusted drum at the Site. These inspection records also indicate that PCE, waste electropolish sludge, and waste oil were stored at the Site in open containers and in severely deteriorated drums.

d. After years of persistent difficulties to obtain site access to the Cham-Cal Site, which postponed further investigation by Bazz Houston, on September 9, 2010, Bazz Houston collected samples from eleven (11) boring locations at the Cham-Cal Site, in accordance with Bazz Houston's February 10, 2010 work plan. According to the subsequent reports (see "Re: Bazz Houston Company, Inc., Summary of Results for Subsurface Investigation at Cham-Cal Engineering", by JE, dated November 3, 2010, and "Re: Bazz Houston Company, Inc., Summary of Results for Subsurface Investigation at Cham-Cal Engineering", by JE, dated November 29, 2010), the highest concentration of PCE in soil vapor samples was collected from within the footprints of the Cham-Cal buildings and was 14,500 micrograms per liter (µg/L), while the highest concentration of PCE found in soil vapor samples collected from the subsurface, outside of the buildings located at Cham-Cal's former drum storage area on the northeastern end of Cham-Cal's property, was 2,950 µg/L. Trichloroethene (TCE) was detected in eleven soil vapor samples at concentrations as high as 113 µg/L. PCE was found in all of the groundwater samples that were collected from soil borings at the Cham-Cal Site at concentrations between 6 µg/L to 5,490 µg/L. TCE was detected in three groundwater samples at concentrations as high as 14 µg/L. These concentrations exceed the State Board Division of Drinking Water's maximum contaminant levels (MCLs) for PCE and TCE (both are 5 µg/L) and therefore, additional investigation is necessary to confirm the extent ofVOC­impacts at the Cham-Cal Site.

e. Based on the depths of multiple detections of PCE in soil and soil vapor samples, and the distance of the sampling locations relative to the known discharge locations at

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Cham-Cal's neighboring property, the Bazz Houston Site, Regional Board staff concludes that it was likely that a separate source ofVOCs was present on Cham­Cal's property. In conjunction with the County Health inspection records for Cham­Cal, the presence of PCE in the shallow soil and soil vapor at the Cham-Cal Site reveals that unauthorized discharge( s) of PCE by Cham-Cal occurred at the Cham­Cal Site. Based on the available information, Regional Board staff concludes that the respective operators of both the Bazz Houston and Cham-Cal sites discharged VOCs to soil and groundwater. This Order requires the investigation and cleanup of the discharges to soil at the Cham-Cal property as a result of Cham-Cal's operation.

f. On September 24, 2015, the Regional Board Executive Office issued "Water Code§ 13267 Order - Directive for Site Investigation at Cham-Cal Engineering" (Investigative Order). Cham-Cal was provided a deadline of October 20, 2015 to submit a work plan for a complete characterization of the on-Site contamination, and was required to submit the associated schedules for further investigative sampling and remediation. Cham-Cal failed to meet this deadline but later submitted a work plan on March 31, 2016.

4. Regulatory Considerations

a. Water Code section 13304(a) states, in relevant part: Any person who has discharged or discharges waste into the waters of this state 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 threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall upon order of 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 abatement efforts.

b. Water Code section 13267(b) states, in relevant part: In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region ... shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports.

c. The Cham-Cal Site is located within the Orange County Groundwater Management Zone. Groundwater exists beneath the Site at a depth of approximately 16 feet below ground surface. The beneficial uses of the groundwater within the Orange County Groundwater Management Zone include:

i. Municipal and Domestic Supply,

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ii. Agricultural Supply, iii. Industrial Service Supply, and 1v. Industrial Process Supply.

July 18, 2016

d. State Board Policies: The State Board adopted Resolution No. 92-49, the Policies and Procedures for Investigation and Cleanup and Abatement of Discharges under Water Code§ 13304. This Resolution sets forth the policies and procedures to be used during an investigation or cleanup of a nuisance site and requires that cleanup levels be consistent with State Board Resolution No. 68-16, the Statement of Policy with Respect to Maintaining High Quality of Waters in California. Resolution No. 92-49 and the Basin Plan establish the cleanup levels to be achieved. Resolution No. 92-49 requires the waste to be cleaned up to background, or if that is not reasonable, to an alternative level that is the most stringent level that is economically and technologically feasible in accordance with Title 23, CCR section 2550.4. Any alternative cleanup level greater than background must ( 1) be consistent with the maximum benefit for the people of the state; (2) not unreasonably affect present and anticipated beneficial use of such water; and (3) not result in water quality less than that prescribed in the Basin Plan and applicable Water Quality Control Plans and Policies of the State Board.

e. California Environmental Quality Act (CEQA) Compliance: The issuance of this Order is an enforcement action taken by a regulatory agency and is exempt in accordance with California Code of Regulations, title 14, §§ 15061, 15304, 15306, 15307, 15308, and 15321. This Order requires submittal of detailed work plans that address cleanup activities. This Order generally requires the Dischargers to submit investigation plans for approval prior to implementation of cleanup activities at the Site. Mere submittal of plans is exempt from CEQA as submittal will not cause a direct or indirect physical change in the environment and/or is an activity that cannot possibly have a significant effect on the environment. If the Regional Board determines that implementation of any plan required by this Order will have a significant effect on the environment that is not otherwise exempt from CEQA, the Regional Board will conduct the necessary and appropriate environmental review prior to approval of the applicable plan. The Dischargers will bear the costs, including the Regional Board's costs, of determining whether implementation of any plan required by this Order will have a significant effect on the environment and, if so, in preparing and handing any documents necessary for environmental review. If necessary, the Dischargers and a consultant acceptable to the Regional Water Board shall enter into a memorandum of understanding with the Regional Water Board regarding such costs prior to undertaking any environmental review.

5. Water Quality Standards: The Basin Plan contains numeric water quality objectives'• for chemical constituents to protect groundwater designated for use as Municipal and Domestic Supply (MUN). The Basin Plan further states, "All waters of the region shall be maintained free of substances in concentrations which are toxic, or that produce detrimental physiological responses in human, plant, animal or aquatic life." The primary MCLs1

b

established by the State Board Division of Drinking Water in Title 22 of the California Code of Regulations are protective of the MUN beneficial use. Groundwater concentrations of

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PCE at the Cham-Cal Site are not in conformance with the water quality needed to support MUN uses of the groundwater, creating a condition of pollution and nuisance in waters of the state. 1

6. Protection of Human Health: Due to the high concentrations of PCE and TCE in groundwater beneath the Cham-Cal Site, there is a risk to human health from soil vapor intrusion into the indoor air of the buildings at the Cham-Cal property. The concentrations of PCE and TCE in the soil vapor beneath the Cham-Cal property exceed the Environmental Screening Levels (ES Ls) for indoor air quality for commercial properties, as recommended in the San Francisco Bay Regional Board's February 2016 ESL update. It is necessary to conduct a human health risk assessment to evaluate the potential impacts to workers and occupants of the buildings from migration ofVOCs into the indoor air at the Site.

7. Basis of Cleanup and Abatement Order: Water Code§ 13304 contains the cleanup and abatement authority of the Regional Board. Water Code§ 13304 requires a person to clean up waste and/or abate the effects of the waste discharge if so ordered by a Regional Board in the event there has been a discharge in violation of a Regional Board order or prohibition, or if a person has caused or permitted or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the State and creates or threatens to create a condition of pollution or nuisance. Therefore, based on the previous findings, the Regional Board is authorized to order the Responsible Parties to cleanup and abate the effects of the waste discharges.

8. Basis for Requiring Reports: Water Code § 13267 provides that the Regional Board may require dischargers, past dischargers, or suspected dischargers to furnish those technical or monitoring reports as the Regional Board may specify, provided that the burden, including costs, of these reports, shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. In requiring the reports, the Regional Board must provide the person with a written explanation with regard to the need for the reports, and identify the evidence that supports requiring that person to provide the reports.

9. Need for Technical and Monitoring Reports: Technical and monitoring reports required by this Order are needed to provide information to the Regional Board regarding (a) the nature and extent of the discharge, (b) the nature and extent of pollution conditions in State waters created by the discharge, ( c) the threat to public health posed by the discharge, and ( d) appropriate cleanup and abatement measures necessary to restore the beneficial uses of the impacted State waters. The reports will enable the Regional Board to determine the vertical and lateral extent of the discharge, ascertain if the condition of pollution poses a threat to human health in the vicinity of the Site, and provide technical information to determine what

1 a "Water quality objectives" are defined ii Water Code section 13050(h) as "the limits or levels of water quality constituents or characteristics which are estabished for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area." b MCLs, maximum contaminant levels, are public health-protective drinking water standards to be met by public water systems. MCLs take into account not only chemicaJs' health risks but also factors such as their delectability and treatability, as well as the costs of treatment. Primary MCLs can be found in Title 22 Califomil Code of Regulations (CCR) sections 64431 - 64444. Secondary MCLS address the taste, odor, or appearance of drinking water, and are found in 22 CCR section 64449

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cleanup and abatement measures are necessary to bring the Site into compliance with applicable water quality objectives for the protection of beneficial uses. Based on the nature and possible consequences of the discharges (as described in Findings No. 3.a through 3.f, above) the burden of generating and providing the required reports bears a reasonable relationship to the need for the reports and the benefits to be obtained from the reports.

10. Cost Recovery: Pursuant to Water Code§ 13304, the Regional Board is entitled to, and will seek reimbursement for, all reasonable costs actually incurred by the Regional Board to investigate unauthorized discharges of waste and to oversee cleanup of such waste, abatement of the effects thereof, or other remedial action, required by this Order.

11. Qualified Professionals: Reliance on qualified professionals promotes proper planning, implementation, and long-term cost-effectiveness of investigation, and cleanup and abatement activities. Professionals should be qualified, licensed where applicable, and competent and proficient in the fields pertinent to the required activities. California Business and Professions Code sections 6735, 7835, and 7835.1 require that engineering and geologic evaluations and judgments be performed by or under the direction of registered professionals.

IT IS HEREBY ORDERED that, pursuant to sections 13267 and 13304, Division 7, of the Water Code, Cham-Cal Engineering Co. and Western Avenue Associates, L.P. shall comply with the following directives:

12. Pursuant to the specifications in State Water Resources Control Board Resolution No. 92-49, implement the scope of work that is defined in Cham-Cal's "Work Plan for Site Characterization" (Work Plan), dated March 31, 2016 (and incorporating the comments provided by Regional Board staff in the "Comments on the Work Plan for Site Characterization at Cham-Ca/ Engineering," dated April 15, 2016), in accordance with the schedule defined in Attachment A as Tasks 4 through 41. Some adjustments of Cham-Cal's proposed schedule have been made, in order to allocate time for Regional Board staff to review submittals and provide comments. Attachment A, including all specified tasks and deadlines therein, is hereinafter a part of this Order.

a) Install a minimum of twenty-four (24) on-Site soil borings (CC-23 through CC-46) to characterize soil matrix, soil vapor, and groundwater contamination, for the purpose of performing a complete site characterization. The investigations shall be performed in four (4) separate phases (Phase A through Phase D). Standard analytical methodologies shall be used for analysis of soil matrix, soil vapor, and groundwater. Soil matrix samples shall be collected and analyzed for VOCs in accordance with U.S. EPA Method 5035B and U.S. EPA Method 8260B. In addition to VOC analysis, soil matrix samples shall also be analyzed for 1,4-dioxane in accordance with EPA Method 8270C SIM. Soil vapor samples shall be collected and analyzed for VOCs in accordance with U.S. EPA Method 8260B. Groundwater samples shall be collected and analyzed for VOCs and 1,4-dioxane in accordance with U.S. EPA Method 8260B and U.S. EPA Method 8270C SIM, respectively. Alternative analytical methods can be considered as current standards of practice and methodologies are updated. The phases shall be conducted as follows: I) Phase A - Advance a minimum of seven (7) soil borings for the purpose of soil

matrix sampling (CC-23 through CC-28, and CC-45). Soil matrix samples shall be

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collected at approximate depths of 2, 5, 10, and 15 feet bgs. The purpose of this phase of investigation is to determine the extent of VOC impacts in the vicinity of the former degreaser area, and to collect additional information for implementation of an interim remedial action. Implementation of Phase A shall start no later than 30 days after the adoption of this Order. The Phase A report shall be submitted within 45 days of the completion of the investigation (Tasks 4, 5 & 6 in Attachment A).

2) Phase B - The purpose of this phase of investigation is to obtain data to evaluate potential human health risks due to vapor intrusion, and to determine the scope for the interim remedial action.

1. Advance a minimum of eleven (11) nested soil vapor probes (CC-31 through CC-34, CC-36, CC-38, CC-40, CC-41, CC-43, CC-44, and CC-46). The nested probes shall be screened at an anticipated depth of approximately 5 and 13 feet bgs based on previous investigations at the Site, and shall consider the encountered lithology for modification of the proposed screen intervals (screen intervals shall be placed in the coarser-grained units). o Soil matrix samples shall be collected from CC-34, CC-40, and CC-41 at

approximate depths of 2, 5, 10, and 15 feet bgs. o Soil borings CC-32, CC-33, CC-34, CC-36, CC-41, CC-43, and CC-44

shall be advanced to groundwater (16-20 feet bgs) to facilitate grab groundwater sampling via the Hydropunch® sampling methodology. The borings shall be completed as nested soil vapor probes, in accordance with the California Department of Toxic Substances Control (DISC) Advisory - Active Soil Gas Investigations (July 2015).

11. Existing soil vapor probes CC-I through CC-22 shall also be resampled in accordance with the DISC Advisory - Active Soil Gas Investigations (July 2015). Vacuum and air flow measurements shall be collected from all of the on-Site soil vapor probes to evaluate potential influence from soil vapor extraction (SVE) activities at Bazz Houston.

111. Implementation of Phase B shall start no later than 30 days after receiving Regional Board comments on the Phase A report.

1v. The Phase B report shall be submitted within 45 days of the completion of Phase B (Tasks 11, 12 & 13 in Attachment A).

3) Phase C - Advance a minimum of eight (8) cone penetrometer test (CPI) borings to 50 feet bgs to evaluate lithology and potentially identify deeper water-bearing zones (CC-27, CC-29, CC-30, CC-34, CC-35, CC-38, CC-41, and CC-44). Implementation of Phase C shall start no later than 30 days after receiving Regional Board staffs comments on the Phase B report. The Phase C report shall be submitted within 45 days of the completion of Phase C (Tasks 19, 20 & 21 in Attachment A).

4) Phase D - The purpose of this phase of investigation is to evaluate deep groundwater contamination.

1. Advance a minimum often (10) borings to evaluate potential contamination in deeper water-bearing zones, and evaluate potential vertical stratification of groundwater contamination (CC-27, CC-29, CC-30, CC-34, CC-35, CC-37, CC-39, CC-41, CC-42, and CC-44).

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ii. Cham-Cal shall collect a minimum of two deep groundwater samples from each location.

111. Soil matrix samples shall be collected at depths of 2, 5, 10, and 15 feet bgs from borings CC-29, CC-30, and CC-42.

1v. Shallow grab groundwater samples (16-20 feet bgs) shall be collected from CC-29, CC-30, CC-35, CC-37, CC-39, and CC-42.

v. At least eleven shallow groundwater monitoring wells(MW-1 through MW-11) shall be installed at the locations ofCC-27, CC-29, CC-30, CC-34, CC-35, CC-37, CC-39, CC-41, CC-42, CC-43, and CC-44. The monitoring wells shall be designed in accordance with industry standards, and shall be a minimum of 2-inches in diameter. The wells shall be screened at appropriate depths, based on site hydrogeology, and with appropriate screen lengths (such as 5 feet), for the purpose of obtaining depth-discrete samples groundwater samples. The groundwater data from the multi-depth screened monitoring wells shall be utilized to define the distribution of contaminants, both laterally and vertically, in both the shallow water-bearing zone and potentially deeper water-bearing zones.

vi. Implementation of Phase D shall start no later than 30 days after receiving Regional Board staff's comments on the Phase C report.

vn. The Phase D report shall be submitted within 45 days of the completion of Phase D (Tasks 27, 28 & 29 in Attachment A).

b) Submit a Human Health Risk Assessment work plan no later than 30 days after Regional Board comments on the Phase B report. The Human Health Risk Assessment must consider the soil vapor data collected during Phase B of the Site investigation, and evaluate the potential for vapor intrusion. The Human Health Risk Assessment report shall be submitted within 30 days of Regional Board staff's comments on the Human Health Risk Assessment work plan (Tasks 14, 15, 16, 17 & 18 in Attachment A).

c) Perform at least two rounds of indoor air assessment to assist in evaluating any acute health risk to the tenants at all buildings on the property. All indoor air sampling activities shall be performed under a "worst case" scenario ( e.g., no heating, ventilation and air conditioning [HV AC] units in operation, and all building access/windows closed). The first sampling event shall be performed over a 24-hour period, and the second sampling event shall be performed over an 8-hour period during normal business hours when the businesses are not in operation, as recommended in the DTSC Vapor Intrusion Guidance (October 2011). Ambient air samples shall be collected at locations where potential outdoor sources of VOCs could migrate into the building, typically upwind of the buildings and on the roof of the buildings near the HV AC air intake. Indoor Air samples shall be analyzed for VOCs in accordance with U.S. EPA Method T0-15. The first sampling event shall be conducted within 180 days of the adoption of this Order and the second sampling event shall proceed two quarters after. The indoor air assessment report shall be submitted no later than 30 days after completion of the second indoor air sampling event; however, the data collected during each indoor air sampling event shall be presented to Regional Board staff as they become available (Tasks 7, 8, 9 & 10 in Attachment A).

d) Submit an Interim Remedial Action Plan no later than 30 days after Regional Board comments on the Phase B report. An interim remedy is necessary to clean up the high concentrations of contaminants that are present in the soil beneath the former degreaser,

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and thereby mitigate the impacts, and/or the risk of future impacts, to the health of workers at the Site. Cham-Cal has not committed to a specific technology for the interim remedy, but has proposed to consider excavation or thermal remediation as the most likely interim remedies. If Cham-Cal proposes an alternative remedial technology that is deemed feasible by the Regional Board, that remedy may be included in the Interim Remedial Action Plan, subject to Regional Board approval. In order to finalize the selection of the interim remedy, Cham-Cal shall use the Johnson and Ettinger Model (J&E Model), as recommended by DTSC in the Vapor Intrusion Guidance (October 2011) to back-calculate a soil concentration ofVOCs that would be sufficiently protective of human health. Cham-Cal shall submit a set of comprehensive geological cross sections, showing the distribution ofVOCs in the soil matrix beneath the Site, in support of the design for an appropriate remedy. Post-remediation confirmation sampling shall be performed, in order to determine the need for supplemental remediation. The back-calculated soil concentration from the J&E Model shall be used solely to define the area of contamination that must be remediated, for the purpose of alleviating immediate risks to human health. The calculated number shall not be construed as a final cleanup goal (Tasks 18 & 19 in Attachment A).

e) Implementation of the Interim Remedial Action Plan shall start no later than 30 days after Regional Board comments on the Interim Remedial Action Plan Work Plan.

t) The Interim Remedial Action Plan Report shall be submitted within 90 days of completion of the interim remedy (Tasks 22, 23, 24, 25 & 26 in Attachment A).

g) A feasibility study report shall be submitted within 90 days after the completion of the Phase D investigation (Tasks 30 & 31 in Attachment A). The feasibility study shall evaluate various alternatives for full-scale remediation of the residual soil and soil vapor contamination that will not be addressed by the interim remedy. The recommendations in the feasibility study report shall be subject to the Executive Officer's evaluation and approval.

h) A Remedial Action Plan (RAP) shall be submitted within 45 days of the Executive Officer's approval of the feasibility study report (Tasks 32 & 33 in Attachment A).

i) Based on Regional Board staff review, if the lithological data from Phase D indicate the need for deeper characterization, additional clustered or nested wells shall be installed, in order to monitor deeper water-bearing zones. Cham-Cal is required to discuss the scope of work for a more extensive groundwater investigation with Regional Board staff, after obtaining data from the preliminary deep groundwater assessment (Tasks 34, 35, 36, 37 & 38 in Attachment A). Based on the results of the Phase D, a deep groundwater assessment work plan shall be submitted within 270 days of completion of the Phase D investigation, with a proposal and time schedule for installation of five (5) permanent, deep groundwater monitoring wells. The work plan is subject to evaluation and concurrence of the Executive Officer. Implementation of the deep groundwater assessment work plan shall start no later than 30 days after Regional Board comments on the deep groundwater assessment work plan.

j) A deep groundwater assessment report shall be submitted within 45 days of the completion of the assessment.

k) Pending the results of the deep groundwater assessment, the Executive Officer may require that a Revised RAP be submitted within 30 days of Regional Board's comments on the Deep Groundwater Assessment Report. Implementation of the Revised RAP shall

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commence within 45 days of the Executive Officer's concurrence with the Revised RAP (Tasks 39, 40 & 41 in Attachment A).

13. The time schedule for completion of the scope of work listed under items 12 (a) through (h) is based upon the commitments that were presented in Cham-Cal's Work Plan. The time schedule, including Attachment A, may be modified, if requested in advance of the specified deadlines, subject to the written approval of the Executive Officer.

14. Upon installation of an approved groundwater monitoring network pursuant to 4 (Phase D), initiate a quarterly groundwater monitoring and reporting program, with procedures and protocols subject to the approval of Regional Board staff, that shall be conducted in accordance with the following schedule:

Groundwater Monitorine Period Report Due Date January to March April 15

April to June July 15

July to September October 15

October to December January 15

This monitoring and reporting schedule may be modified, if requested in advance of the specified deadlines, subject to the written approval of the Executive Officer.

15. Conduct all field work necessary to define the extent of the groundwater contamination, as directed by the Executive Officer, until the extent of the plume is fully delineated.

16. Additional investigation and submittal of technical reports may be necessary, pending the outcome of the above-listed activities. For instance, pending the results of the phases of investigation described in the approved scope of work, the Executive Officer may require installation of additional groundwater monitoring wells.

17. Implement any necessary maintenance, improvements and repairs to the remediation system(s), as directed by the Executive Officer.

18. Conduct the additional remediation activities, and report the progress of such activities in the quarterly monitoring reports that are submitted as per Paragraph 14, above, to the Executive Officer.

19. All references to the Executive Officer in this Order shall include his delegate.

20. Failure to comply with requirements of this Order may subject the Responsible Parties to enforcement action, including but not limited to: imposition of administrative civil liability, pursuant to Water Code §§ 13268 and 13350, in an amount not to exceed $5,000 for each day in which the violation occurs under Water Code §§ 13304 or 13350 or referral to the Attorney General for injunctive relief or civil or criminal liability.

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21. Any person affected by this action of the Regional Board may petition the State Board to review the action in accordance with section 13320 of the Water Code and CCR Title 23 section 2050. The petition must be received by the State Board (Office of Chief Counsel, P.O. Box 100, Sacramento, California 95812) within 30 days of the date of this Order. Copies of the law and regulations applicable to filing petitions will be provided upon request.

This Order is effective upon the date of signature.

fdv. fi/;a/ Kurt V. Berchtold Executive Officer

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- -

I

I

ID !Task.Name Year4 'Year S

"'" - I Qtr 2 I Qtr3 J_ Q,tr4 __ "'" I Qtr_2

' Submit Site Characterization Work Plan i-=--2 RB Submit Comments on the Work Plan -

3 Cleanup and Abatement Order '

--

. --- --' Phase A Implementation

" ' Submit Phase A Report

' RB Submit Comments on the Phase A Report 7 !First Indoor Air Sampling Event

' 1Second Indoor Air Sampling Event

'iSubmit Indoor Air Sampling Report ---- --

"iRB Submit Comments on the Indoor Air Sampling Report

"!Phase B Implementation ---

"[Submit Phase B Report -

"RB Submit Comments on the Phase B Report !

"Submit Human Health Risk Assessment Work Plan

"RB Submit Comments on the Human Health Risk Assessment' --

16 Human Health Risk Assessment Evaluation

"Submit Human Health Risk Assessment Report ---

"RB Submit Comments on the Human Health Risk Assessment

• "Phase C Implementation 20 Submit Phase C Report

"RB Submit Comments on the Phase C Report 22 Submit Interim Remedial Action Plan Work Plan

-231RB Submit Comments on the Interim Remedial Action Plan w,

24-'interim Remedial Action Plan Implementation ~-

"!Submit Interim Remedial Action Plan Report

" RB Submit Comments on the IRAP Report .

27 Phase D Implementation 28 Submit Phase D Report 29 RB Submit Comments on the Phase D Report 30 Submit Feasibility Study Report

-

" RB Executive Officer Approves the FS Report pp~ the FS Report --

32 !Submit RAP -

33 !RB Executive Officer Approves the RAP It~ Officer App-s the RAP

f-. : -":Submit Deep Groundwater Assessment Work Plan Oubpt,it Deep GW Assn5fflent WP

' 35 RB Submit Comments on the Deep Groundwater Assessment · _, ·t RB Submit Comments on the Deep Gf'Ounw.ter Assessment WP

36 Deep Groundwater Assessment Implementation ~ ~·- ' -1

0eep ·Gw As~ lmplernent•tlon

37 Submit Deep Groundwater Assessment Report ---- " '

1submit Deep GW AsseS$/Ml'll Report

' 38 RB Submit Comments on the Deep Groundwater Assessment

i

,,,.,,,.,.'"'RB Submit Comments on the Deep GW Assessmfflt Report

"Submit Revised RAP I

C .,1

Submlt Revised RAP -

" RB Executive Officer Approves the Revised RAP i(.~u,M! Officer j the Revised RAP

"Start of Revised RAP Implementation • Start of Revised~ Implementation

' Cham-cal Engineering Co./Western Avenue Associates, l.P. Task -S/Z0/16