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17. Response 15 <br /> The text in the response to comment number 15 is still not accurate. In <br /> the June 7,1 993 comments package, EPA stated "Rather than EPA, DDRW- <br /> Tracy, as the lead federal agency, has the authority to secure access to <br /> private property (under CERCLA Section 106), to characterize <br /> contamination and the extent of the plume and to conduct remediation, if <br /> necessary. A statement of this legal authority would be more responsive <br /> to the public comment. The response can be tempered by stating that <br /> DDRW-Tracy would not exercise this authority unless it was necessary. <br /> [Note: Authorities of the state may or may not be diminished by the <br /> fact that DDRW-Tracy is the lead federal agency. DDRW-Tracy should <br /> discuss this matter with the state prior to finalizing any response.] <br /> However, the most current version of the response states "The EPA and <br /> the state (or DDRW-Tracy for that matter) do not have an absolute right <br /> to gain access to private property to conduct tests without due <br /> compensation obtained through the process of eminent domain." DDRW- <br /> Tracy should refrain from concluding what EPA's rights may or may not be <br /> with regard to accessing private property which may be part of an NPL <br /> site which has another federal agency as the designated lead agency. <br /> Further, there may be situations in which DDRW-Tracy may be entitled to <br /> access without having to provide compensation. <br /> Corrective Action: A more accurate response to the comment would be to <br /> state that DDRW-Tracy has been designated as the lead agency <br /> characterization of contamination and that DDRW-Tracy would be the <br /> federal authority to seek legal access to private property rather than <br /> the US EPA. <br /> 7/7 <br /> EPR/R9 July 28, 1993 <br />