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Ms. Terry kell <br /> July 15, 2003 <br /> Page 9 <br /> H. CONCLUSION <br /> The SWRCB should deny Palisades' Petition. As a local agency in the LOP, <br /> the SJCEHD has the authority to name Palisades as an RP. Palisades' <br /> ownership and operation of the Site since November of 1997 alone is <br /> sufficient to establish Palisades' RP status. Further, the SJCEHD has <br /> substantial credible and reasonable evidence of vapor releases during <br /> Palisades' watch to support its designation of Palisades as an RP for the Site. <br /> Bingham McCutchen LLP First, multiple soil and groundwater test results from 1997 to 2001 <br /> binghain.com demonstrate no release in the vicinity of VEW3 (which is fifteen(15) feet <br /> from Palisades' UST system), while groundwater testing in 2002 and 2003 <br /> demonstrate elevated levels of MTBE and TBA at this location. Second, April <br /> 2003 Tracer testing of Palisades' UST system revealed multiple sources of <br /> potential vapor leaks and a possible liquid leak. Accordingly, the SJCEHD <br /> acted properly in naming Palisades as an RP for the Site. <br /> Sincerely yours, <br /> ��`-- <br /> Rochelle Osman <br /> Attachments (Exhibits A-C) (via Federal Express) <br /> Enclosure (Moise Declaration(with Exhibits 1-5)) (Exhibits via Federal Express) <br /> cc: See attached Proof of Service <br />