SITE INFORMATION AND CORRESPONDENCE

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Mr. Keith Howard - 2 - 4 April 1990 2. The time periods included in the Order are unreasonable; particularly in view of the fact that the Board took no action on this site for over three years. We believe the time schedule for compliance with the order is both reasonable and achievable, provided your client acts expeditiously and in good faith. Furthermore, we will not hold your client responsible for delays which they demonstrate are beyond their control . 3. Regional Board staff did not provide guidance on what the required reports should contain. We have provided Geweke and their consultant with guidance documents which, if followed, would assure that proposed work plan would be acceptable (copies again enclosed) . In our letter of 20 November 1989 we informed Geweke that the work plan should include installation of monitoring wells designed to define the full extent of contamination. Geweke was notified that failure to provide an adequate work plan could result in formal enforcement action. Your client responded to our request by submitting a work plan which proposed one additional monitoring well . Our staff considered the plan inadequate because the proposed well was over 150 feet away and crossgradient from an existing well which contained high levels of contaminants. 4. The requirement to implement a final remediation plan should be postponed until the conclusion of the investigation. The order states that a final remediation plan is to be submitted upon notification by the Executive Officer that the extent of contamination has been adequately defined, but no later than 29 June 1990. The schedule for compliance is intended to encourage your client to complete the investigation in a timely manner. We believe that this requirement is necessary to prevent delays which could result from submittal of inadequate work plans and reports. As stated above, we will work with Geweke to avoid delays, such as site access problems, which are beyond their control . However, if Geweke fails to comply with the provisions of the order in a reasonable and timely manner, we will refer this matter to the Board for the imposition of civil or judicial liability, as provided by law. Please note that a problem assessment report is due by 25 May 1990. If you wish to schedule a meeting, please call Tom Peltier at (916) 361-5731 . WILLIAM H. CROOKS Executive Officer cc: Ms. Betsy Jennings, Office of the Chief Counsel , Sacramento Ms. Laurie Cotulla, San Joaquin County Department of Public Health Services, Stockton