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Muniappa Naidu [EH] From: Kasey Foley[EH] Sent: Wednesday, January 02, 2008 11:18 AM To: Muniappa Naidu [EH]; Linda Turkatte [EH]; Willy Ng [EH] Cc: Donna Heran [EH]; Laurie Cotulla [EH] Subject: FW: Monthly Summary Report Sam Martinez.vcf Muni, if you are going to Manteca today can you go by this site? Kasey Foley, REHS Program Coordinator San Joaquin County Environmental Health Department 600 East Main Street Stockton, CA 95202-3029 (209) 468-3451 kfoley@sjcehd.com -----Original Message----- From: Sam Martinez [mailto:SMartin2@dtsc.ca.gov] Sent: Wednesday, January 02, 2008 10:41 AM To: David Wood Cc: Shelley Gordon; Bob Gordon; Mia S. Brown; Rod Attebery; Jim Gordon; Kasey Foley [EH] Subject: Re: Monthly Summary Report David, The numbering and dates in the body of the Order are controlling. When there is a conflict between the section, in this case 6.10.1 (yes there is a typo in the Calendar) , and the Calendar of Tasks, the section will be followed, the Calendar of Tasks is for information and not binding (this is stated in Section 6.24) . I've re-read your letter and still find that the letter does not substantiate why access will not be obtained within the time required by the Order. If it was known that access was required when the Order was issued the access would need to be obtained by 1/17/8. If the need for access was not discovered until a later time the report should document when the need was discovered and the date that access is required by the Order (e.g., on 12/27/7 it was discovered that a Right-of-way agreement was needed to cross the City Sidewalk per the Order the respondents must acquire access by 2/11/8) . The schedule shows that the sidewalk status will be confirmed on 1/14/8 and the sand ramp will be placed on 1/28/8, so it would seem that the Right-of-way agreement (or encroachment permit) will be obtained sometime between the 14th and the 28th. If these dates which I extracted from your letter are correct, the access will be obtained in plenty of time without need for altering the schedule. Again, I will brief my manager on the request related to the Chemical Identification and Disposal Plan, with a recommendation to revise the due date for the Plan to February 5, 2008. Have a good day, Sam >>> David Wood <dwood@aperio-inc.com> 12/31/2007 4:27 PM >>> Sam, Thanks for the quick turnaround. Be aware that my copy of the I&SED does not have a section 6.10.2 (pg 19 of 25) but jumps from 6.10.1 to 6.11. However there is a reference to 6.10.2 on the Calendar of Tasks (pg 23 of 25) . I am assuming that the second paragraph of 6.10.1 might have not been appropriately labeled 6.10.2 since it deals with access issues. Is my assumption correct? 1