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Srikanth Dasappa <br /> USA Gasoline Corporation <br /> January 18, 1995 <br /> Page 2 <br /> ("LOP") compelling you to undertake a "soil and groundwater investigation" under Title 23, <br /> California Code of Regulations § 2722(a)(2). If my assumption is correct, please inform me of <br /> such. <br /> 2. Next, you state that "[t]bis study is being coordinated with the San <br /> Joaquin County Public Services("Agency")." (Emphasis added.) While, pursuant to the <br /> Underground Storage Tank Act, Cal. Health& Safety Code §§ 25280-25299.6, the State Water <br /> Resources Control Board has delegated oversight responsibilities to the LOP, we were not aware <br /> that government enforcement activity could be termed as the "coordinat[ionl" of a "study". <br /> 3. Next,you state [t]he AGENCY is requiring that USA evaluate the extent <br /> of petroleum hydrocarbons in the subsurface immediately south of the USA site." We wish to <br /> confirm that the reason you are required to take such action is to define both the extent of the <br /> plume emanating from your site as well as the extent of your legal and financial responsibility to <br /> remediate such contamination. <br /> 4. Given the fact that the term"temporary access" does not appear to be <br /> defined by the California Health& Safety Code §§ 25280-25299.6, nor by the regulations <br /> interpreting the Code, could you please provide us with clarification as to what "temporary <br /> access" consists of <br /> 5. While the LOP may have "expressed great interest in moving forward as <br /> quickly as possible with this work", it is our understanding that the LOP does not determine <br /> where USA should place their monitoring wells nor has the LOP requested that you place <br /> monitoring wells on my client's property. Are our conclusions correct? <br /> In order to be able to fully advise my client as to their legal rights and obligations, I <br /> request that you deliver to us any and all information evidencing the type and extent of <br /> contamination at the USA site. In addition, I specifically request: <br /> 1. Documentation which evidences or indicates that petroleum hydrocarbons <br /> have migrated from the USA Gasoline Corporation ("USA") site to my client's property. <br /> 2. Documentation which evidences or indicates that petroleum hydrocarbons <br /> have migrated to the Pacific Gas located at 2088 E. Mariposa Road. <br /> 3. Documentation which evidences or indicates that the USA Gasoline Station <br /> plume has merged with the Pacific Gas plume. <br /> 14 A P rrMl A NT NI Ro Q IR grNTlr`Cq <br />