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page twd - Mr. Clarke <br /> FV self certif icatior*1••ls allowed for to classify hydrbearbon contaminated soil <br /> as non hazardous and this was done in a Memorandun to File on April 29, 1993. <br /> Falcon had been planning and anticipating the ability to utilize its portable <br /> thermal remediation unit at its site in the Port. Plans had been drawn and <br /> bids received for construction of additional facilities to go forward at the <br /> Port site of Falcon with thermal remediation of hydrocarbon contaminated soil. <br /> This was, in fact, mentioned to Ms. Lagorio of SJC and it was reported to her <br /> that the two truckloads of soil had been removed from the Commerce Street <br /> site to the Port. <br /> The County went ballistics and immediately issued an Abatement Order. <br /> Although we did not agree with the order, the two (2) truckloads of soil were <br /> returned to the Commerce Street site and other options considered. for a <br /> reasonable solution to remediate the soil. A letter dated May 29, 1993vwas <br /> sent to Ms. Lagorio indicating the Abatement Order had been complied with. <br /> The idea was put forth that soil aeration would be the least expensive means <br /> to remediate the soil. Again, SJC demanded that needless and costly sampling <br /> be performed. With your permission, Falcon retained Dr. John P. Cummings <br /> who is a Ph.D. chemist, an environmental engineer and an attorney with over <br /> thirty (30) years experience. He performed the required sampling which the <br /> county demanded and had analytical data submitted directly to the county as <br /> they claim is their policy. I am aware that SJC applies different standards <br /> to different consultants and contractors depending on their whims and their <br /> policy of the last fifteen minutes or whatever suits them. <br /> SJC acknowledged to Dr. Cummings that the soil was not hazardous and <br /> could be moved. They requested that an aeration permit be obtained from <br /> San Joaquin Valley Unified Air Pollution Control District (APCD) prior to <br /> implementing aeration. The soil was transported from Commerce Street to <br /> Union Street on September 7 and 8, 1993 by Alegre Trucking of Lodi. Falcon <br /> Invoices estimate that approximately 1,080 tons of soil was moved by Alegre <br />