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E <br /> Geosyntec O <br /> consultants <br /> 2005). In 2006 and 2008, Mactec Engineering and Consulting, Inc. (Mactec)performed <br /> additional investigations in the area on behalf of The Newark Group (Mactec, 2006 and <br /> 2008). According to these investigations, soil and groundwater impacts were identified <br /> in the northwest, southwest, and southeast corners of the property. In the northwest <br /> area, toluene and other petroleum compounds were identified in the deeper soil (15 feet <br /> and deeper) and groundwater. In 2008, The Newark Group filed a complaint against <br /> Dopaco and requested that Dopaco be compelled to take any and all responsibility to <br /> cleanup the contamination. <br /> 1.3 Definition of the Dopaco Area <br /> Since 2008, Dopaco and The Newark Group have been engaged in litigation over the <br /> issue of toluene near the northwest corner of the building on the property. In the course <br /> of preparing for trial, samples of soil gas, soil, and groundwater have been collected <br /> from beneath the building (now demolished) and near the northwest exterior corner of <br /> the building. <br /> On 29 March 2012, Dopaco and The Newark Group agreed to settle the case. The <br /> settlement agreement was being drafted at the time Geosyntec submitted the 10 April <br /> 2012 letter and was signed on 20 April 2012. Pursuant to the settlement agreement: <br /> • Dopaco will work with the RWQCB to meet the agency requirements for <br /> toluene in the northwest corner of the Site (designated the Dopaco Area; defined <br /> as the "Site" in this Work Plan), within the approximate area shown on Figure <br /> 3. The boundaries of this area will be surveyed and marked to define the limits <br /> of Dopaco's responsibility. Dopaco will be responsible for the toluene located <br /> in the Dopaco Area, and toluene that has originated from the Dopaco Area and <br /> migrated elsewhere, as well as any chemicals commingled with the toluene. <br /> • The Newark Group will be responsible for all other chemicals (i.e., all chemicals <br /> except for toluene) within the Dopaco Area that are not commingled with <br /> toluene, if any are identified, and they will be responsible for all other areas of <br /> the property. <br /> I <br /> Final Work Plan.doc 4 27 June 2012 <br />