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• PETE YIILSCN�, po.w.a <br /> ,.,.ATE OF CALIFORNIA—CALIFORNIA EWWONM&OAL AROTECTION AGENCY <br /> DEPARTMENT OF TOXIC SUBSTANCES CONTROL <br /> R[GION , <br /> CROYDON WAY. SURE 3 <br /> 1AE�n- CA 95827-2106 <br /> (916) 255-3545 ,. July 15. 1994 <br /> Mr. Michael C. Donovan, Esq. <br /> Hopkins and Carley <br /> 150 Almaden Boulevard <br /> Fifteenth Floor <br /> San Jose, California 95113-2089 <br /> FINAL CONSENT DECREE, ORDER, TuDGEMENT AND REFERENCE TO SPECIAL <br /> MASTER LINCOLN PROPERTIES, LTD. VS. NORMAN HIGGINS, ET AL. , <br /> NO. CIV-S-91-760 DFL(GGH) <br /> Dear Mr. Donovan: <br /> The Department of Toxic Substances Control (Department) is <br /> submitting the comments on the subject matter, pursuant to THE <br /> subject document, the Department will enforce the requirements of <br /> Health and Safety Code Chapter 6.8 and 6.5. Furthermore, as <br /> allowed pursuant to Section VI .A.3 , the Department will request <br /> reimbursement for the oversight of the performance of the work <br /> conducted to comply with such requirements. <br /> The Department believes that our oversight will not <br /> duplicate the efforts of other agencies and will ensure <br /> compliance with the National Contingency Plan (NCP) due to our <br /> extensive experience in this area. Since 1986, the Department <br /> has reviewed and approved all hazardous substance remedial <br /> actions overseen by the Department for consistency with the NCP. <br /> Furthermore, the Department has developed the following unique <br /> expertise to ensure compliance With the NCP: toxicology, <br /> community relations, and treatment technology evaluation. The <br /> Department has also established clear guidance for developing and <br /> preparing risk assessments, community relations plan, and <br /> remedial action plans. <br /> In respect to the Consent Decree, the Department has also <br /> identified the following comments for consideration into the <br /> Consent Decree: <br /> 1. Based upon the Department's review of the site <br /> conditions it is very apparent that both soil and <br /> groundwater interim removal actions are necessary. <br /> Section XI.A. 4 , Interim Removal or Remedial Action does <br /> not state or allow the public agencies to propose or <br /> require the implementation of such actions. The <br /> Department requests revision of the consent decree to <br /> allow the Public agencies to require implementation of <br /> interim removal or remedial actions. <br /> JK.Lik <br /> jm39.07l./6 <br /> ssh <br /> 1� <br />