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Mr. Mike Desso • - 6 - • 15 September 2008 <br /> Nestle USA Inc. <br /> Regional Water Board staff has selected two of the overdue Required Actions in the CAO for <br /> further discussion below. These actions are key to successful completion of the cleanup: <br /> • Required Action No. 15. Required action number 15 of the CAO directed Nestle to <br /> submit a Draft Remedial Action Plan (Draft RAP) by 31 March 2007. Also, it directed <br /> Nestle to submit a revised or amended Feasibility Study (FS) if necessary, at least. <br /> 30 days before submittal of the Draft RAP (by 28 February 2007). In a letter written by <br /> ECM on 26 February 2007, Nestle proposed extending the FS report due date so that it <br /> would be due 90 days after Regional Water Board approval of the final groundwater <br /> model report. The Regional Water Board approved that report on 29 August 2007, <br /> which, based on the proposed schedule, committed Nestle to submittal of the FS report <br /> by 27 November 2007. As you know, that date has passed and Nestle has not <br /> submitted a FS report. Regional Water Board staff has not recommend enforcement <br /> action be taken for missing the 28 February 2007 due date for submittal of the FS . <br /> report because Nestle has made some progress despite encountering delays due to <br /> valid technical issues. However, at the meeting requested above, Nestle should <br /> present to Regional Water Board staff a schedule that is based on currently known and <br /> technically valid factors. The schedule should include provisions for draft and final FS <br /> reports, and draft and draft final RAP reports and supporting documents. <br /> • Required Action No. 13a. Required action number 13a of the CAO directed Nestle to <br /> implement interim remedial actions in the Lower Aquifer Zone by 30 June 2007. In the <br /> 26 February 2007 ECM letter, Nestle proposed extending the due date for <br /> implementation of interim actions so that the groundwater model could be utilized as a <br /> tool for evaluating various pumping scenarios that could be employed. The Regional <br /> Water Board approved the final groundwater model report on 29 August 2007. It has <br /> been over 370 days since that date, yet Nestle has not implemented interim remedial <br /> actions in the Lower Aquifer Zone. At the meeting requested above, Nestle should <br /> present to Regional Water Board staff a schedule that is based on currently known and <br /> technically valid factors. <br /> Nestle should prepare and submit a work plan addressing Comment Numbers 1 through 4 <br /> above by 14 November 2008. Nestle should address Comment Numbers 5 through 9 above <br /> in all future groundwater monitoring reports. Nestle should submit replacement pages that <br /> address Comment Number 10 above by 15 October 2008. During a telephone conversation <br /> on 8 September 2008, you and I scheduled a meeting for 1 October 2008. That meeting will <br /> fulfill the request made above for a meeting by 31 October 2008. If you have any questions <br /> or concerns, please contact me at (916) 464-4675 or jbrownell(a)waterboards.ca.gov. <br /> R . <br /> James R. Brownell, P.G. <br /> Engineering Geologist <br /> cc: Attached Distribution List <br />