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1 Treatability Study, the Feasibility Study and the Proposed Remedial Action Plan. Finally, DTSC <br /> 2 must also be served with all motions for approval by the Court of the Remedial Action Plan as well <br /> 3 as with the plans and specifications for the implementation of the final Remedial Action. Any <br /> 4 concerns that DTSC has with respect to either the draft or final Remedial Action Plan submitted for <br /> 5 approval by the Court may be addressed either in the form of a comment to the Settling Parties <br /> 6 and the Federal Court's Special Master overseeing implementation of the Court's Orders which <br /> 7 will be provided to the Court prior to the Court's final approval or by submitting their concerns to <br /> 8 the Lead Agency at the Site. <br /> 9 While the Settling Parties acknowledge that DTSC, like the California Regional <br /> 10 Water Quality Control Board- Central Valley Region(hereinafter the"RWQCB"), has the <br /> I l requisite experience to conduct oversight and monitoring to ensure consistency with the NCP, Cal. <br /> 12 EPA and DTSC have limited their involvement at the Site to date to this public comment. On the <br /> 13 other hand, RWQCB has been active at the Site for eight(8)years addressing, from a <br /> 14 governmental perspective,the appropriate investigation and remediation issues at the Site and the <br /> 15 Court has already accorded Lead Agency status to the RWQCB for purposes of effectuating its <br /> 16 Orders as set forth in Section VII of the Permanent Injunction and Section IX of the Consent <br /> 17 Decree. Should DTSC believe that it has a role that is not duplicative of that assumed by the <br /> 18 RWQCB, DTSC should approach the RWQCB, as the Federal Court's designated Lead Agency <br /> 19 1 on the Site,to work out an appropriate role, with any disputes between the agencies to be resolved <br /> 20 pursuant to governing state statutes. <br /> 21 Should DTSC wish to assume Lead Agency status for purposes of effectuating this <br /> 22 Court's Orders herein in place of the RWQCB, DTSC should seek leave to intervene in this action <br /> 23 and, if such leave is granted, subsequently petition the Court for the requested order. Given the <br /> 24 history of the RWQCB at the Site, its familiarity with the existing, extensive geotechnical data <br /> 25 pertaining to this Site, and its productive working relationship with the Settling Parties,however, <br /> 26 the Settling Parties believe that Lead Agency status for purposes of effectuating this Court's <br /> 27 Orders herein is properly accorded to the RWQCB at this time. Rather than seek to pursue <br /> 28 independent actions or seek Lead Agency status, the Settling Parties encourage DTSC to <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -6- <br /> 0009203.10 10/03/94 @ 10:43 AM <br />