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Mr. Mike Desso • - 5 - • 15 September 2008 <br /> Nestle USA Inc. <br /> 9. Text reference items. The Introduction section of the Annual Report indicates that the <br /> groundwater monitoring and remediation work was performed in accordance with <br /> Cleanup and Abatement Order (CAO) No. R5-2006-0720 and CAO No. 93-712. Please <br /> note that CAO No. 93-712, issued in 1993 was rescinded and replaced on 24 July 2006 <br /> by CAO No. R5-2006-0720. <br /> A reference on most of the figures needs to be updated in all future reports: The name <br /> Fox River Paper Company should be replaced by the name Neenah Paper Company. <br /> The Appendix of future annual reports should include historic tables for all of the wells <br /> that Nestle has monitored and sampled in the past and present, not just the Nestle- <br /> owned wells. <br /> 10. Reference corrections. Section 1.7 of the Annual Report references soil gas surveys <br /> conducted southeast of the Former Facility in 1987 and 1988, near the former Gunnert <br /> Steel facility. Please reference these surveys in the End Notes of the Annual Report by <br /> submitting replacement pages for the End Notes. <br /> Electronic reference errors occur on pages 13, 18, 23, and 27. Also, there is a typed <br /> reference error at the end of the first paragraph on Page 20: Hydrographs are presented <br /> in Appendix B, not D. Please provide replacement pages. <br /> Section 4.2.3 of the Annual Report indicates that the influent water to the wellhead <br /> treatment systems at 5725 Hall Road and 7501 Kiernan Avenue were periodically <br /> analyzed for metals in 2007 and reported in Table 6.2. However, the metals data are <br /> not included in the table. Please provide a revised table for Table 6.2. <br /> Cleanup and Abatement Order Compliance <br /> Nestle is out of compliance with the CAO. Constituents of Concern released at the former <br /> Nestle facility continue to migrate unabated in portions of the aquifers beneath Ripon and in <br /> an area south of the Stanislaus River in Stanislaus County. Plumes continue to migrate <br /> beyond the influence of the two groundwater extraction and treatment systems located at the <br /> former facility on Industrial Avenue and near the sewer line leak area on Stockton Avenue. <br /> Also, COC plumes continue to migrate away from the City wastewater ponds adjacent to the <br /> north side of the Stanislaus River. Remedial actions required by specific dates in the CAO, <br /> that would address the COC migration, are now overdue. While there have been valid <br /> technical reasons for some of the delays, Regional Water Board staff now believe that these <br /> technical problems have for the most part been addressed. A meeting of Regional Watef <br /> Board staff and representatives for Nestle should be held by 31 October 2008 so that Nestle <br /> can present the status of the required actions and expedite cleanup of the contamination. <br />