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JM Equipment page 2 <br /> 1245 W. Charter Way October 1, 2009 <br /> Stockton, CA <br /> The EHD has reviewed the data for the site and has the following concerns with <br /> concurring with GTI's conclusion that the site qualifies for no further action: <br /> 1. Impacted residual soil exceeds SFBRWQCB-ESLs for gross contamination. <br /> 2. Worker safety in the impacted area has not been addressed. <br /> 3. GTI's statement that the contaminated soil will continue to impact the shallow <br /> groundwater. <br /> 4. Elevated concentrations of benzene remain in the core area, exceeding levels <br /> commonly allowed to remain without remediation. <br /> 5. It is the opinion of the EHD that the estimate of time to reach acceptable ESLs <br /> (138 to 184 years) does not constitute a reasonable time frame. <br /> Based on the items noted above, your request for no further action is denied. This <br /> decision is subject to appeal to the State Water Resources Control Board (SWRCB), <br /> pursuant to Section 25296.40(a)(1) of the Health and Safety Code (Thompson-Richter <br /> Underground Storage Tank Reform Act — Senate Bill 562). Please contact the SWRCB <br /> Underground Storage Tank Program at (916) 341-5752 for information regarding the <br /> appeal process. <br /> Please submit a revised SCM that addresses these concerns or a revised feasibility <br /> study that either supports previous conclusions that soil excavation and removal is the <br /> most cost-effective and feasible remedial alternative for this site or proposes another <br /> remedial alternative. The feasibility study or SCM should be submitted to Geotracker by <br /> November 30, 2009, <br /> Thank you for your cooperation in continuing your investigation at the site. If you have <br /> any questions, you may contact Michael Infurna, at (209)468-3454. <br /> r <br /> Michael J. Infurna Jr., REHS Nuel C. Henderson Jr., PG <br /> Senior Registered Environmental Health Specialist Engineering Geologist <br /> c: Mr. James L. Barton, CVRWQCB, Underground Storage Tank Unit, 11020 Sun <br /> Center Drive, #200, Rancho Cordova, CA 95670-6114 <br /> Ms. Tamorah Bryant, Geological Technics Inc., 1101 71h Street, Modesto, CA <br /> 95354 <br /> Mr. Mark Owens, SWRCB, Division of Clean Water Programs, Underground <br /> Storage Tank Program, P.O. Box 944212, Sacramento, CA 94244-2120 <br />