SITE INFORMATION AND CORRESPONDENCE

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Al Olsen, R.E.H.S Laurie A. CotUlla, R.E.H.S June 10, 2003 Page 3 When the Warwicks purchased the property in 2001, they had no reason to believe that the UST existed on the property. The existing structure at the Site, a masonry building constructed in 19I6, was never used to sell petroleum products. The UST release was discovered in February 2002 during the purchase of the property by the San Joaquin Unified School District ("School District"). As part of a Phase I Environmental Site Assessment ("Phase I"), a geotechnical borehole was drilled in the parking lot to determine subsurface foundation conditions.3 This borehole pierced a UST pipe causing a viscous black bunker oil-like fluid to seep from the metal pipe onto the soil. One soil sample was collected for laboratory analyses before the pipe was repaired to prevent further Leakage. The soil sarnple was nearly saturated with product and was analyzed for total petroleum hydrocarbons quantified as gasoline (TPH-G); total extractable petroleum hydrocarbons quantified as kerosene (TEPH-K); diesel (TEPH-D); and motor oil (TEPH-MO; volatile organic compounds (VOCs); and California Administrative Manual (CAM) metals. Laboratory results confirmed that the liquid contained TEPH-D and TEPH-MO.4 A "release" is defined as "any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into or on the waters of the state, the land, or the subsurface soils." Health and Safety Code § 25281(p). An "unauthorized release" is defined as "any release of any hazardous substance that does not conform to this chapter [6.7], including, but not limited to, an unauthorized release specified in Section 25292.5 unless this release is by the board, or it regional board pursuant to division 7 (commencing with Section 13000) of the Water Code." Health and Safety Code §§ 2528 l(x), 25299.25. An "underground storage tank" is defined to include the pipes connected to the tank; therefore, an unauthorized release from an underground storage tank occurred in February 2002. Health and Safety Code §§ 25281, 25299.24. Condor Earth Technologies, Inc. ("Condor"), the consultant hired by the School District to perform the Phase I, was then retained by the Warwicks to begin gathering data regarding the extent of the UST system so that additional information regarding the release could be ascertained. From the location of the initial borehole, four underground pipes, grouped together, were discovered to traverse the Property, the parking lot, and, at one point, the edge of the Women's Center property. The pipe containing the hydrocarbon product was traced to the World War I1- era oil bunker UST adjacent to the 191.6 building on the Property. The pipes also run to an old natural gas boiler in the 1916 building, a remote fill connection on Park Street and a second World War I1-cra underground storage tank on the edge of-the Women's Center parcel, At the time the UST release was discovered, the parking lot parcel was jointly owned by the Warwicks and the adjacent property owners, the Women's Center of San )(M(Iuin County ("Women's Center"). Ownership of the pmr'king lot parcel was transferred 10 the School District wilh the sale of the Property. 4 TPH-G was also detected: however, the chrornatograrn did not match a typical gasoline pattern. The detection of gasoline may result from weathering of heavier hydrocarbons. DOWNEYjBRAN [) ATTOP.NFY5 AP