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S'.ATE OF CALIFORNIA—HEALTH AND WELFARE AGENCY GEORGE DEUKMEJIAN, G.., <br /> DEPARTMENT OF HEALTH SERVICES - <br /> TOXIC SUBSTANCES CONTROL DIVISION <br /> REGION t <br /> 4250 POWER INN ROAD July 28 ,E 19 9 <br /> SACRAMENTO,CA 95626 <br /> I,r <br /> (916)739-3145 -L"'I�dL�Jd I{, IDT <br /> w. <br /> 1,U G 1 1989 <br /> Mr. David Bates <br /> Chief Production Engineer ENVIIRONMENTALHEALTF' <br /> Marley Cooling Tower Company EWAIT!SERVICE° <br /> 5800 Foxridge Drive <br /> N1Xiss ' h, KS 66201 <br /> Dear Mr. Bates: <br /> RESPONSE TO NOTICE OF DELAY <br /> By letter dated June 27, 1989 , Mr. Thomas A. Hickey of Black <br /> and Veatch, notified the Department of Health Services <br /> (Department) that the (revised) July 1, 1989 , submittal <br /> deadline for the Marley Cooling Tower Company' s (MCTC' s) <br /> Remedial Investigation/Feasibility Study (RI/FS) Report would <br /> not be met. Mr. Hickey' s letter also stated that submittal of <br /> the RI/FS report would instead be by August 15, 1989 . <br /> In response, I must inform you that the Department has <br /> determined that MCTC ' s failure to meet the July 1, 1989 , RI/FS <br /> submittal deadline is a technical violation of the <br /> March 1, 1988, Remedial Action Order and the December 21, 1984 , <br /> Settlement Agreement. <br /> However, in consideration of MCTC's progress towards site <br /> characterization and the mitigation of contamination, the <br /> Department will not pursue enforcement action at this time. <br /> Please note that should MCTC fail to meet the August 15, 1989 , <br /> submittal date, the Department may choose to initiate <br /> enforcement proceedings. <br /> If you have questions concerning this or any other matter, <br /> please contact , Mr. Jim Austreng, Project Manager, at <br /> (916) 920-7644. <br /> Sincerely, <br /> �V <br /> Val F. Siebal <br /> Section Chief <br /> Region 1 <br /> cc: See next page. <br /> w <br />