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January 8, 1995 Page 6 • specifically designed to confirm what is suggested by the already existing data, that is that the plume is stable and that this is an appropriate site for passive bioremediation The approach outlined in Walt Petit's memo was endorsed by the Legislature in 1996 with the passage of SB 562 In that statute, the Legislature expressly empowered the S1krRCB to allow a suspension of remedial action at a UST site once the tanks are removed and petroleum saturated soil and free product ai e excavated The local agency's requests for extensive characterization and study of active remedial alternatives are inconsistent with these expressions of policy from both the Legislature and the SWRCB Because PHS/EHD's additional request would cost a substantial amount of money and would not yield data of any significant use, these requests are considered unreasonable, and arbitrary and capricious The PHS/EHD should be directed to allow UNOCAL to proceed with its proposed work plan without further interference so that unnecessary effort and expense can be avoided San Joaquin County is administering a local oversight program pursuant to California Health and Safety Code Section 25297 1, under a Standard Agreement with the SWRCB dated July 1, 1997 UNOCAL has the right to petition the SWRCB for review of local agency actions pursuant to California Health and Safety Code Section 25297 1(h) (iS) A list of pei soils, if all)), Whet than the petit7C nen, AwO 14'77 by the local ageilcy to have ail inle7e%t UJ the whlecl ineitter of the Pe1717071 ,,111th a Itst shall he ()tanned fl on? the local ageiicy UNOCAL is unaware of any other persons with an interest in the subject property (9) A slalemetll that the petition has hee71 sent to the local agelicy, the appl ol)l late Regional Row c, wid to c771y 7 e sl)on 1h1e pai ties o1he7 /hail the petitioner, It71(wti to the pL'W7011el 07- the 10G{7l agellcy PEG hereby certifies that copies of this petition will be sent to the PHS/EHD, and to the Central Valley Regional Water Quality Control Board Because this petition does not directly involve other potentially responsible parties (PRPs) at this time, PEG will not submit copies of this petition to other local PRPs, unless requested to do so by the SWRCB (10) A copy of the 7 equest to the local aJ emG y for the 127 epaiation of the local agellcy 7 ec of d A letter to the PHS/EHD has been prepared to request the preparation of records on this site A copy of that letter is included as Attachment E • 7101 i07a/01R7REVIEW