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fi r HEATHER O'BRIEN COMMERCIAL NET LEASE REALTY SERVICES INC 450 S ORANGE AVE STE 900 ORLANDO FLA 32801-3336 RE: Farm UST(former) @ Dividend Property Site Gode :PR#E 0516241 Michael's Craft Store (proposed) 13170 W. Grandine Rd Tracy, CA.,95736 San Joaquin County Public Health Services,Environmental Health Division (PHS-EHD) has reviewed the recent submittals regarding the monitoring well (MW 1) still present on the former Dividend site. Your latest correspondence dated June 2,2000 stated that you were "not lowing far a &ure letterfr nxSJCEHD" (PHS-EHD), but you would like a leper ubi&states Haat SJCEHD&ff not raguiry any further action to be taken on the pmX?ty in wmanm wib tlae prior amtamwt on firm the UST (urxlergrornxl storage tank)", You have informed PHS-EHD that the UST referred to was a 500-gallon`farm'UST. This type and size of UST is exempt from Galifornia Underground Storage Tank Regulations,which provide PHS- EHD with regulatory authority for overseeing UST closures. As such,the removal of this UST did not require a permit from, approval by,or oversight from PHS-EHD. California Health and Safety Code Section 101480 provides PHS-EHD with authority to enter into remedial action agreements with responsible parties for simple waste sites. When requested by responsible parties,PHS-EHD can use this authority to provide regulatory closure on exempt UST sites. The remedial action agreement should occur prior to fieldwork and sample collection so that PHS-EHD has the opportunity to provide oversight of the information gathered to justify closure. MW 1 was installed under PHS-EHD permit along with other monitoring wells to investigate contamination issues at the Dividend Property. The Central Valley Regional Water Quality Control Board (CVRWQCB) was the regulatory agency for the Dividend Property and provided a "No Further Action" letter for the petroleum pipeline leaks in 1996. The Dividend Property monitoring wells, except MWI, were destroyed. UnfortunatelyMW1 was not destroyed and the UST contamination and related remediation (over-excavation) was not addressed. Since PHS-EHD did not enter into a remedial action agreement for this site and did not provide oversight of the site investigation,we would not provide a closure letter or use regulatory language such as "no further action required" for this site. PHS-EHD has no comment or regulatory authority on this site at this time,except that MW1 must be destroyed under our permit and inspection if it is no longer going to be used.