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1 required by RCRA § 7002(b) , 42 U.S.C. § 6972(b) and implementing federal regulations,the <br /> 2 Citizen Suit Notice and Notice of Endangerment sent by plaintiff LPL concerning the conditions at <br /> 3 this Site afforded the appropriate federal and state government agencies a ninety (90) day <br /> 4 opportunity to review the Site and assume the necessary enforcement responsibilities. <br /> 5 Furthermore, as required by RCRA § 7002(b) , 42 U.S.C. § 6972(b), CERCLA § 113(1), and <br /> 6 California Code of Civil Procedure § 388, copies of plaintiffs original and amended complaints in <br /> 7 this action were served on the Attorneys General of the United States and California, as well as the <br /> 8 Administrator of the U.S. EPA. These governmental agencies, including the Cal. EPA,the parent <br /> 9 Agency of DTSC, declined to act. In fact,this public comment from DTSC is, to the Settling <br /> 10 1 Parties' knowledge,the first action of any kind taken by DTSC on or with regard to this Site. <br /> 11 Given the foregoing, it is clear that the U.S. District Court for the Eastern District of <br /> 12 California has complete and primary jurisdiction over the parties' remedial obligations at the Site. <br /> 13 Subject to the complete and primary jurisdiction of the Federal Court, acting upon claims arising <br /> 14 under federal law, and the obvious resulting applications of the Supremacy Clause of Article VI of <br /> 15 the U.S. Constitution, nothing in the lodged Consent Decree limits restricts or precludes the <br /> 16 legitimate exercise of authority by any state governmental agency except to the extent that the <br /> 17 exercise of such authority would be inconsistent with or unduly interferes with or impedes the <br /> 18 U.S. District Court's orders to effect a timely and efficient remediation and abatement of the <br /> 19 endangerments at the Site. <br /> 20 To ensure that DTSC has an opportunity to participate in the development of the <br /> 21 Proposed Remedial Action Plan,DTSC is expressly included in section XI of the Consent Decree <br /> 22 and in Section IV of the Permanent Injunction as an authorized Public Agency on all aspects of <br /> 23 the site investigation and remedial action plan development. As an authorized Public Agency <br /> 24 Commenter under the Consent Decree and the Permanent Injunction, DTSC must be served <br /> 25 with and provided an opportunity to comment on the drafts of all Workplans which comments will, <br /> 26 as appropriate, be incorporated into the final Workplans. In addition, DTSC will be served with <br /> 27 and have an opportunity to comment on each draft and final report issued pursuant to the <br /> 28 Workplan, including the Remedial Investigation report,the Risk Assessment report,the <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -5- <br /> 0009203.10 10/03/94 Q 10:43 AM <br />