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V. STATEMENT OF FACTS (BODY AND EXHIBITS OF REPORT) : On December 29, 1988, a closure plan was submitted to the San Joaquin Local Health District (SJLHD) , for the removal of two underground storage tanks located at 820 S. American Street Stockton, California. Seibold Corporation was identified as the removal contractor submitting the closure plan. The tanks were located in Seibold' s corporation yard. William Snavely R. E. H. S. approved the above closure plan on January 10, 1989. (Exhibit A— Closure Plan) On March 31, 1989, Inspectors Cynthia Wagner E. H. S. , and Charles Hunt E. H. S. , and clerk Vickie Seabourn, all of SJLHD attended the 10 o' clock appointment for the removal of one 8, 000 gallon regular underground storage tank. Also present were Al Cohen of the Stockton Fire Department, and a representitive of Canonie Environmental Laboratory. Present from Seibold were Ken Wendt, foreman and three other men whose names I do not know. As soon as we arrived an site I began to gather information requested on the closure inspection report such as the size and depth of the excavation. I asked Ken Wendt if the tank had been triple rinsed and he said yes I asked where the rinsate was located and he pointed to 3 unlabeled 55 gallon drums approximatley 50 feet away. I asked where the rinsate was to be hauled and requested that the related Hazardous Waste Manifest be supplied to the SJLHD within 30 days. I then requested Ken Wendt to stick gauge the tanks to verify that all the liquids had been removed from the tank and he did so. I never observed a lower explosive limit (LEL) meter being used nor did Ken Wendt mention using one. I asked if the tank had been inerted. Wendt said, "Yes, with 100 lbs of dry ice approximatley 40 minutes prior. " Charles Hunt then noted that this was the improper amount of dry ice as 15 lbs of carbon dioxide is required for every 1000 gallons of capacity (8 x 15 = 120) . At this time the representitive of Canonie Environmental asked me how many soil samples would be required. I asked Wendt where the fuel dispenser was located as this is a determinate of how many soil samples would be required. One soil sample is required for every 20 linear feet of piping and two soil samples are required in the excavation for tanks over 1, 000 gallons. Ken was aware of my conversation with the laboratory representative and pointed to the southeast corner of the office building and said, " Its located right there. " The dispenser was in my plain view and appeared to be mounted in its position as a vent pipe was attached to the wall next to the dispenser. As the location of the dispenser was currently located only 10 feet from the excavation, I told the lab representative that two samples would be required in the tank excavation only. Charles Hunt then inquired to Wendt if the backhoe on site was capable of removing the 8, 000 gallon tank from the excavation. Wendt said, "Yes", and went to go get some photographs of previous UGST removal