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conducting an interview of the SJCEHD staff and management who are familiar with the <br /> circumstances and information that resulted in the SJCEHD launching of an <br /> investigation into the allegation of hazardous materials/waste disposal at the subject <br /> site. More importantly, what compels TRE as the environmental professional (EP)3 to <br /> conduct face to face interviews are the following factors: <br /> • Section 312.30 of 40 CFR specifically requires the EP TO CONDUCT BOTH <br /> REVIEWS OF LOCAL GOVERNMENT RECORDS AND CONDUCT THE <br /> REQUIRED INTERVIEWS in order to obtain commonly known and reasonably <br /> ascertainable information. Please note that by the SJCEHD's launching a <br /> specific investigation into the anonymously made allegations of hazardous <br /> materials/waste disposal at this site, the SJCEHD has triggered the need for <br /> TRE as the EP to pursue this inquiry through review of files and interviews of <br /> the SJCEHD inspectors and management staff with knowledge of the <br /> circumstances and reports surrounding the foregoing allegation and the <br /> resulting investigations launched by the SJCEHD. Moreover, the final outcome <br /> • of the SJCEHD's investigations and any reports and or conclusions that were <br /> generated by the SJCHED thereof is germane to this Phase I ESA as required <br /> by AAI. Whereas, had this just been an ordinary UST closure and or clean up <br /> project, TRE would have been in agreement with the SJCEHD that a review of <br /> the records would have probably sufficed. <br /> • The foregoing section (312.30) under the new AAI rule is different from an <br /> ordinary review of the Federal, State, Tribal and Local Government records <br /> (which per your statements made to Mr. Fairbanks on phone on 10/11/06, it <br /> would appear to be what you had perceived TRE's inquiry to be). In order to <br /> achieve section 312.30, however, TRE is submitting enclosed a completed <br /> Form: EHD 48-06 for information on the surrounding properties. <br /> Please inform us ASAP as to when TRE is able to conduct this interview with the <br /> SJCEHD staff and personnel who have knowledge of the foregoing investigation and its <br /> current status and outcome. In addition, please inform us as to when TRE is able to <br /> conduct a file review of the sites that have been listed on the enclosed Form: EHD 48- <br /> 06. <br /> TRE would like to reiterate its earlier request that any and all communications in <br /> response to this correspondence and our earlier letter is directly sent to TRE in writing <br /> as the SJCEHD's continuing lack of direct and concise response to TRE's request is <br /> pushing this project's timetable into additional unnecessary delays and lost productivity. <br /> In closing, once again, TRE appreciates the SJCEHD's prompt processing of and <br /> cooperation with this request. Please feel free to contact me at 209-601-7048 or <br /> TRECONSULTING an.COMCAST.NET. <br /> Enclosure: completed Form EHD 48-06 <br /> Sincerely, <br /> Jay R. Jahangiri, M.S., REM, REA, REEW, CESM, RIAQM, RMT, CIPS, CUO <br /> President and EHS Director <br /> CC: Mr. Bob Kuhn, Maintenance Director <br /> 3.40 CFR Section 312.21 provides for specific qualifications and licensure in order to ensure proper conduct <br /> of all appropriate inquiries investigation. <br /> 4. On or about March 12,2004,The SJCEHD launched an investigation into these allegations by conducting <br /> an inspection and field investigation which also resulted in subsequent site reconnaissance activities. <br />