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STATE OF CALIFORNIA—ENVIRONMENTAL PROTF 1N AGENCY PETE WILSON,Governor <br /> DEPARTMENT OF TOXIC SUBANCES CONTROL <br /> 400 P Street,4th Floor r" <br /> P.O. Box 806 <br /> Sacramento,CA 95812-0806 <br /> (916). 324-^�,2 <br /> a© 0-7 November 8, 1991 <br /> Mr. Joe Newfield <br /> P.O. Box 516 <br /> Woodbridge, California 95253 <br /> Dear Mr. Newfield: <br /> This letter is in response to your inquiry regarding whether <br /> the border zone property law is applicable to development of a <br /> daycare facility within 2000 feet of a gas station that has been <br /> remediated for leaking underground tanks. <br /> Pursuant to Health and Safety Code Section 25221, a property <br /> owner or lessor shall apply to the Department of Toxic Substances <br /> Control (Department) for a border zone property determination <br /> prior to construction of a daycare facility or other sensitive <br /> uses within 2000 feet of a significant disposal of hazardous <br /> waste. However, at the present time, the Department does not <br /> consider gas stations with leaking underground fuel tanks subject <br /> to the border zone property statute unless the site is listed on <br /> the Department's Calsites database. Although your development is <br /> not subject to the border zone property determination process, <br /> this does not constitute a finding of no health hazard by the <br /> Department. <br /> I have enclosed the "Border Zone Property Determination: <br /> Guidance for Preparation of a Preliminary Endangerment <br /> Assessment" for further information regarding the Department's <br /> policy for border zone property determinations. If you require <br /> any additional information, please contact me at the number <br /> listed above. <br /> Sincerely, <br /> Rick Moss, Chief <br /> Land Use and Air Assessment <br /> Unit <br /> Technical Services Branch <br /> Enclosure <br /> IL Iwo <br /> ,ecy</M n+ue <br />