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0 0 <br /> 1 addressed to Mr. Allen Wolfenden, Chief, Site Migration Branch, Department of Toxic Substances <br /> 2 Control at 10151 Croydon Way, Suite 3, Sacramento, CA 95827-2106. <br /> 3 Settling Parties' Response: <br /> 4 The Settling Parties acknowledge receipt of, and agree to,this request and have <br /> 5 attached, as Exhibit B, an Amended Page 24 which contains the revised address and which the <br /> 6 Settling Parties propose to substitute for Page 24 of the Consent Decree. The Settling Parties <br /> 7 will seek leave from the Court to amend the Consent Decree by substituting Amended Page 24 in <br /> 8 place of Page 24 of the lodged Consent Decree. <br /> 9 Comment#5• <br /> 10 Section Addressed: General Comment <br /> 11 Summary of Comment Received: <br /> 12 The Commenter, Chevron U.S.A., states that Chevron leases and operates a retail <br /> 13 service station at the Site and has performed soil and ground water sampling in connection with <br /> 14 possible hydrocarbon(i.e. petroleum related) contamination at their retail site. The Commenter <br /> 15 asserts that Chevron has detected the presence of total general petroleum hydrocarbon("TPHG") <br /> 16 and Benzene contamination, as well as TCE& PCE(dry cleaning solvents) in some of the <br /> 17 groundwater monitoring wells installed on its retail site which may cause Chevron to experience <br /> 18 complications and increased costs in the event that Chevron is required to remediate either soil or <br /> 19 groundwater hydrocarbon contamination at any time in the future. The Commenter suggests that <br /> 20 Chevron should not be subject to any contribution bar should it later need to seek contribution for <br /> 21 the incremental expense that it may later incur. <br /> 22 Settling Parties' Response: <br /> 23 At the outset, the Settling Parties respond that the nature and scope of the <br /> 24 contribution protection afforded by the Consent Decree arises and is determined by operation of <br /> 25 law. The contribution protection afforded to the Settling Parties is no more and no less than that <br /> 26 provided under the Uniform Contribution Among Joint Tortfeasors Act for a"good faith" <br /> 27 settlement or under the Uniform Comparative Fault Act, depending on which applies to the claim <br /> 28 at issue. <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -9- <br /> 0009203.10 10/03/94 @ 10:43 AM <br />