SITE INFORMATION AND CORRESPONDENCE FILE 2

Home Browse Search

(ii) Further review the SJPHS files to evaluate changes in petroleum hydrocarbon concentrations in the monitoring wells located in the 7-11 facility. (iii) Conduct further statistical evaluation ofthe groundwater elevations and dissolved hydrocarbon concentrations to clarify the relationship between groundwater elevations and rising dissolved concentrations. 5. Petitioner is Aggrieved as Follows:The Petitioner is aggrieved because it is being inappropriately requested by the Agency to investigate and cleanup contamination which was not released by Petitioner. Although it is difficult to estimate what the ultimate remaining investigation and cleanup of this site will cost. It is hardly a stretch to believe that several hundred thousand dollars would be expended by Petitioner to finalize the cleanup of the Exxon site,when Petitioner is not the responsible party. 6. Specific Action by the State Board Requested by Petitioner: Petitioner requests the State Board to reject the San Joaquin County's assessment of responsibility and order the San Joaquin County to require Exxon to conduct further testing and to share such data with the Agency and the Petitioner to appropriately determine the responsible party. See the details of such action requested of Exxon in Paragraph 4 (i),(ii)and(iii)above. 7. State of Points and Authorities in sunnort of legal issues: This is really a factual issue of responsibility for the release. As discussed,there was a known release by Exxon and there is insufficient data to conclude there exists a subsequent or separate release by Petitioner. 8. List of persons if any,known by the local agency to have an interest in the subject matter of this Petition: Petitioner has requested this from the local agency. 9. Petition sent to local Agency and any other responsible parties: This Petition is concurrently being sent to the San Joaquin County- Environmental Health Department,attention Michael J. Inf wki,Jr., Senior REHS and Margaret Lagorio, REHS Supervisor, San Joaquin Environmental Health Department,304 East Webber Avenue, Stockton,California 95202. In addition,this Petition is concurrently being sent to Exxon at 2300 Clayton Road, Suite 1250,Concord,CA 94520. 10. Cgpy of the request to local agency to prepare record:Attached is a copy of a letter, dated March 11,2003,whereby the Petitioner requested the San Joaquin County- Environmental Health Department to prepare the"local agency record."