SITE INFORMATION AND CORRESPONDENCE

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MANAGPMNT MEMO #90-11 Page 2 *4ftW An example of where this policy should be applied is in the case of a person who owns a residence lying over contaminated ground water. if the owner has not caused or contributed to the contamination in any way, the Department of Health Services (Department) will not pursue cost recovery against the owner or issue any order to the owner requiring the owner to undertake remedial action. Another example is a water company owning land and/or wells that extract water from a contaminated aquifer. If the water company has not caused or contributed to the contamination in any way, and its drilling and pumping activities have not and will not exacerbate the problem or interfere with remedial action, the Department will not pursue cost recovery against the water company or issue any order to the water company requiring it to undertake remedial action. If, however, the water company has drilled a well improperly, connected a contaminated aquifer with an uncontaminated aquifer, or if the water company's pumping from a well causes the plume of contaminated ground water to spread significantly more rapidly, then the Department will consider cost recovery or enforcement action against the water company to the extent necessary under the circumstances within the law. Generally, cost recovery or enforcement action will be taken only when actions to exacerbate the ground water are implemented or continued after the discovery of the ground water contamination, and notification by the Department that such actions should be terminated or curtailed has been given. CONTACT: Stan Phillippe, Chief Michael Shepard Site Mitigation Branch Toxics Legal Office (916) 324-3773 (916) 323-4910 ATSS 8-454-2443 ATSS 8-473-4910 11 /1 zqo —Q"L 2 P Date John ' Keaehrk Dep ty ir4c-t-91- Toxi>Substances Control Program