SITE INFORMATION AND CORRESPONDENCE

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Several statutory and regulatory provisions provide the SWRCB, Regional Water Quality Control Boards (RWQCBs), and local agencies with broad authority to require responsible parties to clean up a release from a petroleum UST (e.g., Health& Sa£ Code, § 25299.37; Wat. Code, § 13304, subd. (a)). The County has been designated as an agency to participate in the Local Oversight Program for the abatement of, and oversight of the abatement of, unauthorized releases of hazardous substances from USTs (Health& Saf. Code, § 25297.1). The SWRCB has promulgated regulations specifying corrective action requirements for petroleum UST cases (Cal. Code of Regs., tit. 23, §§ 2720-2728). The regulations define corrective action as "any activity necessary to investigate and analyze the effects of an unauthorized release, propose a cost-effective plan to adequately protect human health, safety and the environment and to restore or protect current and potential beneficial uses of water, and implement and evaluate the effectiveness of the activity(ies)." (Cal. Code Regs., tit. 23, § 2720). Corrective action consists of one or more of the following phases: (1)preliminary site investigation, (2) soil and water investigation, (3) corrective action plan implementation, and (4) verification monitoring (Cal. Code Regs., tit. 23, § 2722, subd. (a)). The preliminary site assessment phase includes initial site investigation, initial abatement actions, initial site characterization, and any interim remedial action(Cal. Code Regs., tit. 23, § 2723, subd. (a)). Corrective action is complete at the conclusion of the preliminary site assessment phase, unless conditions warrant a soil and water investigation. A soil and water investigation is required if any of the following conditions exists: (1)there is evidence that surface water or groundwater has been or may be affected by the unauthorized release; (2) free product is found at the site where the unauthorized release occurred or in the surrounding area; (3) there is evidence that contaminated soils are or may be in contact with surface water or groundwater; or (4) the regulatory agency requests an investigation, based on the actual or potential effects of contaminated soil or groundwater on nearby surface water or groundwater resources or based on the increased risk of fire or explosion(Cal. Code Regs., tit. 23, § 2724). The purpose of a soil and water investigation is "to assess the nature and vertical and lateral extent of the unauthorized release and to determine a cost-effective method of cleanup." (Cal. Code of Regs., tit. 23, § 2725, subd. (a)). SWRCB Resolution No. 92-49, Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304, also applies to petroleum UST cases. Resolution No. 92-49 directs that water affected by an unauthorized release attain either 2