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California Regional Water Quality Co trol Board <br /> Central Valley Region <br /> Robert Schneider,Chair <br /> Winston H.Hickox Gray Davis <br /> Secretary for Sacramento Main Office Governor <br /> Environmental Internet Address: http://www.swrcb.ca.gov/rwgcb5 <br /> Protection 3443 Routier Road,Suite A,Sacramento,California 95827-3003 <br /> Phone(916)255-3000•FAX(916)255-3015 <br /> 21 September 2001 •, �� t <br /> Mr. Tim Costello <br /> GeoTrans, Inc. <br /> 3035 Prospect Park Drive, Suite 40 l\' <br /> Rancho Cordova, CA 95670-6070 <br /> PROPERTY OWNER LIABILITY FOR GROUNDWATER POLLUTIONAT 1950 WEST 11TH <br /> STREET, (AKA 1881 R USTAN ROAD) TRACY, SAN JOAQUIN COUNTY(APN 232-170-05) <br /> In response to your request for a"Comfort Letter" from the Board I reviewed the Environmental <br /> Assessment documentation you submitted on 13August 2001. Low levels of MTBE were detected in <br /> groundwater at the site of a proposed Safeway fuel center. From review of the laboratory results <br /> submitted in the Screening Level Phase 1I Environmental Assessment methyl tertiary-butyl ether <br /> (MTBE) at a concentration of 13 ug/l was detected in the grab-groundwater sample on the subject <br /> property. The documentation submitted did not identify the source for MTBE contamination and there <br /> was no evidence that an underground tank was ever located on the property. <br /> Based upon the information submitted and provided this information reasonably represents the actual <br /> conditions of this property, we would not recommend the Board require remediation for the MTBE <br /> concentrations currently identified in the groundwater by GeoTrans. In general, it is not the intention of <br /> the Regional Board to restrict or inhibit development of any property and the Board would not pursue <br /> enforcement action against a property owner whose land overlies contaminated groundwater if that <br /> contamination is the result of the migration of groundwater contamination from an off-site source or <br /> sources. However, the Board may hold a property owner responsible for investigation and/or cleanup if <br /> he or she refuses to provide reasonable access to an upgradient discharger attempting to, or a discharger <br /> we have ordered to, investigate and cleanup off-site groundwater pollution. <br /> Based on the Board's orders, an owner of property overlying groundwater pollution from an offsite <br /> source is unlikely to be held responsible for that pollution except for purposes of access or unless <br /> activities on the property exacerbate or contribute to the groundwater pollution. So long as the owner <br /> does not exacerbate the existing pollution, does not cause or permit a new discharge that commingles <br /> with the existing pollution, and provides reasonable access, if necessary, the Regional Board would not <br /> frld or hold the owner responsible for cleanup of the groundwater pollution. <br /> The underground tanks proposed by Safeway will be need to be monitored in compliance with <br /> monitoring standards in Underground Storage Tank Regulation Title 23, Subchapter 16, Article 3, to <br /> determine if a petroleum release occurs in the future. In addition, if the domestic supply well identified <br /> California Environmental Protection Agency <br /> ca Recycled Paper <br /> The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. <br /> For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at http://www.swrcb.ca.gov/rwgcb5 <br />