SITE INFORMATION AND CORRESPONDENCE_FILE 1

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M, AFFIDAVIT OF PETER J.NIEMIEC STATE OF CALIFORNIA ) SS: COUNTY OF ORANGE ) I,the undersigned, state: 1. 1 am an assistant counsel for Union Oil Company of California (Unocal), the petitioner in the matter entitled "Petition for Review of Local Oversight Program Action, former Unocal Service Station 0187, 437 East Miner Avenue, Stockton, CA" (Petition for Review). Unocal is also the petitioner in the Petition for Stay Order to which this affidavit is attached. 2. 1 am authorized to make this affidavit on behalf of said corporation. 3. Since approximately August 1, 1997, I have been the attorney within Unocal principally responsible for representing the corporation with respect to the ongoing corrective action with regard to petroleum contamination at 437 East Miner Avenue, Stockton, CA ("Site"). At the time that I took over this matter, the San Joaquin County Public Health Services, Environmental Health Division (PHS/EHD) had already involved the San Joaquin County District Attorney's Office in discussions over its request that Unocal perform extensive investigation and feasibility testing of active remediation systems at the Site. 4. On September 5, 1997, I met with Mr. David Irey, Deputy District Attorney, Environmental Prosecutions Unit with the County of San Joaquin. The meeting covered three separate service station sites within the city of Stockton. With respect to the Site, I suggested to Mr. Irey, that in light of the data from a recently installed monitoring well, the appropriate course of action was for Unocal to submit another workplan to complete the delineation of the lateral extent of the plume. I suggested to Mr. Irey that he should withhold any threatened enforcement action until the submission of that plan. Mr. Irey did not commit to any course of action with respect to the Site. 5. On October 9, 1997, GeoStrategies, on behalf of Unocal, submitted a workplan to install one additional well and to conduct one year's worth of monitoring of all wells. In its letter of December 10, 1997, PHS/EHD requested that Unocal substantially expand its workplan to include vertical characterization of the groundwater plume, soil testing, and feasibility testing with respect to active remedial options including air sparging. 6. Since Unocal received the letter from PHS/EHD, I have received phone calls from Mr. Irey in which he had requested meetings to discuss "pre-filing settlements" with respect to four service station sites in Stockton, including the subject Site. I am currently expecting to meet with Mr. Irey on January 23, 1998,to explore the possibility of"pre-filing settlement".