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Sent by: CDAAISJDA EPU 209 48B 9754; 11116199 i :11PM;)J& #345;Page 3 <br /> exploration and monitoring iS that these ultimately would be charges against the clean-up fund <br /> and then thepair would be warranted from that aspect. Gym since San Joaquin County objected <br /> to this,Unocal basically said that they wanted to proceed and let the Board consider what we <br /> have clone,the staff report for you does recommend what I had proposed. That we differ closure <br /> for another year. Just within this last week I got a copy of report prepared by Gar},6urOO GW" <br /> acid Miller,a geologic firm that has reviewed the work we have done and came to the conclusion <br /> that the work that the staff geologist had done was correct. I guess 1 wouldn't--I'm not surprised <br /> since it was a consultant for the oil company. Um just last nigbl I learned that.San Joaquin <br /> County had filed a lawsuit against Unocal. We received a copy of it this mousing,it alleges a <br /> variety of things. 1 believe the copies have been provided to you,basically they allege that <br /> Unocal has not done a---has not been diligent in pursuing clean-up and they also allege a variety. <br /> of other things. In discussions with the San Joaquin County District Attorney's staff,they raise <br /> some allegations that IT mention briefly,they bring them up some more,some of the more <br /> important ones is, in the staff report, we mention that the MTBE levels are essentiatly a <br /> background. We probably are mischaracterizing that, but it's a more accurate position to <br /> characterize that the MTBE levels that are found are low,they're not necessarily indicative of a <br /> release fro n this site,they are also indicative of the potential of municipal area where <br /> potentially spills and leaks of fuel containing MTBE may have raised the level in the surrounding <br /> area and I mention this because they are low,they're found both upstream,downstream, <br /> crosscurrent to the site and don't seem to fit a pattersâ–șthat associated directly with the release. <br /> Um we slill recommend the order as drafted,but I'm sure there are some peapfe here that would <br /> like,to discuss it with you. <br />