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4 <br /> THE KIRK LAW FIRM <br /> Ms. Lori Casias <br /> Associate Government Program Analyst <br /> State of California <br /> Water Resources Control Board <br /> Division of Clean Water Programs <br /> June 3, 1999 <br /> Page 2 <br /> (2) Specific Action of PHS/EHD that the Board is Requested to Review <br /> Unocal requests that the State Board review PHS/EHD's issuance of a May 4, <br /> 1999 directive requiring Unocal to submit, by July 1, 1999, a workplan to define the lateral and <br /> vertical extent of off site, downgradient soil and groundwater contamination and to install wells <br /> onsite for feasibility tests at the site of former Unocal service station 2859, at 1665 Pacific <br /> Avenue, Stockton, California ("the Site"). [Exhibit 1 - Letter to Robert Boust, Unocal <br /> Corporation, from Margaret Lagorio, Supervising REHS, Site Mitigation Unit, dated May 4, <br /> 1999.] <br /> (3) Date of PHS/EHD Action <br /> May 4, 1999 - <br /> (4) Statement of Reasons Why PHS/EHD's Action is Inappropriate and <br /> Improper <br /> PHS/EHD's directive to Unocal requiring it to conduct further characterization <br /> work and feasibility testing at the Site is inappropriate and :improper because the action is <br /> without factual justification and is an abuse of the discretion and authority granted San Joaquin <br /> County as a participant in the Local Oversight Program("LOP"). In fact, as demonstrated below, <br /> PHS/EHD's action is part of a conscious attempt by San Joaquin County to interfere with and <br /> impede the State Board appeals process. <br /> The Site is one of several former Unocal service station sites in the city of <br /> Stockton. After Unocal had performed corrective action at the Site for several years, including <br /> conducting a soil vapor extraction pilot study, PHS/EHD concluded that "the assessment of <br /> groundwater contamination is complete, the assessment of soil contamination is complete, and <br /> the plume appears to be stable." [Exhibit 2 — Letter to Unocal Corporation (Bob Boust) from <br /> Steven Sasson and Margaret Lagorio, dated January 9, 1997.] Upon receipt of PHS/EHD's <br /> January 9, 1997 letter, Unocal asked PHS/EHD to close the Site. [Exhibit 3 - Letter to Steven <br /> Sasson, San Joaquin County Public Health Services, Environmental Health Division from Robert <br /> Boust, dated February 7, 1997.] By letter dated March 3, 1997, PHS/EHD informed Unocal that <br /> the Site was not suitable for closure. [Exhibit 4- Letter to Unocal Corporation (Bob Boust) from <br />