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I ENVIRONMENTAL HEALTH DEPARTMENT SAN JOAQUIN COUNTY %A Dour aK.Heran,R.E.H.S. _ UnitSupervisors Director 304 East Weber Avenue, Third Floor Carl Borgman,R.E.H.S. Mike Huggins,KEES-,S,R.D.I. AI Olsen,R.E.H.S. Stockton, California .95202-2708 Douglas W.Wilson,R.E.H.S. • a.,_.�.� Program Manager 9Qd5RaLaurie A.Coruna,R.E.H.S. Telephone: (209) 468-3420 Margaret Lagorio,R.E.H.S. Program Manager Fax: (209) 464-0138 Robert McClellon,R.E.H.S. 8 g Mark Barcellos,R.E.H.S. August 4, 2004 Shields Harper and Co FAttn: Bart Scowley v 5107 Broadway Oakland, CA 94611 RE: Safeway Fueling Facility#2707, Stockton, CA Dear Mr. Scowley: In reply to your letter of July 15, 2004 regarding the above facility and permit approval process, I will outline the conditions of approval for the above site. The Environmental Health Department (EHD) approved the original permit on November 10, 2003. This approval was for all equipment to be installed at the site and carried a condition of approval that no changes were to be made without EHD approval. On January 26, 2004 RHL sent a letter for a change in plans for EVR change for spill buckets. On February 18, 2004 the EHD learned that the system installed and components were not according to the approved plans and in violation of the permit conditions. On March 12, 2004 a meeting was held with RHL and Safeway management to determine a method to resolve the violation of permit conditions and get the fuel facility open on schedule. Safeway determined that they would remove the existing equipment that was installed and replace it with equipment that had been originally approved in order to open the station on schedule. On March 19,2004 revised plans were approved by EHD. The EHD has authority to enforce the State Underground Tank Law Sections 25280- 25299.7. California Health and Safety Code Section 25299.2 (a) of this law allows local agencies to set requirements or standards of performance. The EHD has consistently required that all plans for installation be followed and that equipment be approved prior to installation. The EHD has consistently required that all equipment that is approved for these systems be listed by a third party testing organizations,which are found in CCR Title 23, Table B, Organizations That Adopt Voluntary Consensus Standards if any approval exists. As you are aware there are some UST components that do not have any listing approvals such as spill buckets. The EHD has consistently required that if an approval exists for components then these are the UST components that should be used in order to protect the public and protect the waters of