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t =J�='Ps. • • <br /> UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br /> hr�c moo' REGION IX <br /> 75 Hawthorne Street <br /> San Francisco, Ca. 94105-3901 RECEIVED <br /> October 19, 1992 OCT 2 1 1912 <br /> Marshall Cloud NVIRONMVf ; <br /> AN <br /> Environmental Protection Office PERMIT/§ERVj6g <br /> Bldg. 231, Tracy Location <br /> Defense Distribution Region West <br /> P.O. Box 960001 <br /> Stockton, CA 95296-0250 <br /> RE: CERCLA Section 104 Access Authority to <br /> Private Property <br /> Dear Marshall, <br /> As you requested during the October 15, 1992 discussions <br /> regarding the possible purchase of the Raspo property, EPA is <br /> providing clarification that DDRW-Tracy is the proper authority <br /> to obtain legal access for investigative purposes at private <br /> property where DDRW-Tracy's contamination may have migrated. <br /> CERCLA §304 (b) (1) authorizes the President to " . <br /> undertake such investigations, monitoring, surveys, testing, and <br /> other information gathering as he may deem necessary or <br /> appropriate to identify the existence and extent of the release <br /> or threat thereof, the source and nature of the hazardous <br /> substances, pollutants or contaminants involved, and the extent <br /> of danger to the public health or welfare or to the environment. " <br /> CERCLA §104 (e) (3) authorizes any officer, employee or <br /> representative of the President, duly designated by the <br /> President, to enter, at reasonable times, any "vessel, facility, <br /> establishment, or other place or property" as follows: <br /> (B) "from which or to which a hazardous substance or pollutant <br /> or contamination has been or may have been released. " <br /> (C) "where such release is or may be threatened. " <br /> (D) "where entry is needed to determine the need for response or <br /> the appropriate response or to effectuate a response action <br /> under this title. " <br /> CERCLA §304 (e) (5) (A) , regarding compliance orders, states if <br /> "consent is not granted regarding any request made by an officer, <br /> employee, or representative under paragraph (2) , (3) , or (4) , the <br /> President may issue an order directing compliance with the <br /> request. " <br /> 1 <br /> Printed on Recycled Paper <br />