SITE INFORMATION AND CORRESPONDENCE_1993-1996

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1 have either been filed herein or which were lodged in the Public Document Depository concerning 2 this Site established pursuant to the Court's Order herein of April 2, 1992 filed in this matter. 3 Plaintiff LPL responded to each of these inquiries and either provided the information requested or 4 directed those inquiring to the Public Document Depository. 5 In addition to the foregoing requests for information,the Settling Parties received 6 several substantive public comments from interested or concerned individuals and entities. True 7 and correct copies of the actual public comments received are attached hereto as Exhibit A. The 8 following is the Settling Parties' Joint Summary of Public Comments Received and Their 9 Responses Thereto: 10 II. DEFINITIONS: 11 As used herein, the following terms are intended to have the meaning set forth 12 below: 13 A. The term "CERCLA" shall mean the Comprehensive Environmental Response, Compensation,and Liability Act of 1980, as amended by the Superfund Amendments 14 and Reauthorization Act of 1986, Pub. L. 99-499,42 U.S.C. §§ 9601-9675. 15 B. The term"Consent Decree" shall mean the First Final Consent Decree, Judgment And Reference To Special Master lodged with the Court on June 9, 1994 in this action. 16 C. The term "Lead Agency" shall mean the public agency designated pursuant 17 to Section VII of the Permanent Injunction or Section IX of the Consent Decree. 18 D. The term "National Contingency Plan" or "NCP" shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated by the U.S. Environmental 19 Protection Agency, in accordance with CERCLA § 105,42 U.S.C. § 9605, and codified at 40 C.F.R. Part 300, as the same may be amended or repromulgated from time to time. 20 E. The term "Permanent Injunction" shall mean the Permanent Injunction 21 Governing Investigation, Monitoring,and Testing of Hazardous Substances Contamination At and Emanating from Lincoln Center and Order of Reference to Special Master entered by the Court on 22 August 13, 1993 and filed in this action on August 16, 1993, as the same may be modified by 23 subsequent Order of the Court. F. The term "Public Agencies" collectively shall mean the State of California 24 Regional Water Quality Control Board - Central Valley Region; the State of California Environmental Protection Agency, Department of Toxic Substances Control; United States 25 Environmental Protection Agency, Region IX, San Francisco, California; County of San Joaquin, Department of Public Works, on its own behalf and on behalf of the County of San Joaquin, 26 Department of Health Services, Stockton, California. 27 G. The term "RCRA" shall mean the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as further amended by the Hazardous and 28 Solid Waste Amendments of 1984, 42 U.S.C. §§ 6901-6992k. JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -2- 0009203.10 10/03/94 ril 10:43 AM