SITE INFORMATION AND CORRESPONDENCE_FILE 1

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Newfield Property Final Directive Page 2 On November 15, 1990, PHS/END notified you that due to your failure to submit the requested documentation to support your claim of insolvency or the required groundwater investigation proposal, that PHS/EHD would request that the Central Valley Regional Water Quality Control Board consider formal enforcement action. On August 8, 1991, PHS/EHD issued correspondence to the Central Valley Regional Water Quality Control Board, requesting that consideration be given to formal enforcement action. On September 30, 1991, the Central Valley Regional Water Quality Control Board issued correspondence to the responsible parties stating that despite repeated requests by the PHS/EHD for additional investigation to determine the extent of contamination, the extent of contamination remained undefined and that failure to initiate the work requested may subject the site to formal enforcement action by the Regional Board. PHS/EHD, in correspondence dated October 23, 1991, summarized the telephone conversation held between you and PHS/EHD staff on October 18, 1991. PHS/EHD stated that due to the lack of information regarding the contamination status of this site, PHS/EHD would be unable to comment on any potential health risks which may result, if the State of California Department of Social Services Community Care Unit approved a day care center license for this site and referred you to the Land and Air Assessment Unit of the Department of Toxic Substances Control. PHS/EHD again recommended that you submit documentation to support your contention that you were unable to perform the required site assessment because of financial insolvency and recommended that you apply to the State Water Resources Control Board Cleanup Fund Program. PHS/EHD also summarized the discussion regarding formai enforcement actions that were pursued because information was not available to show that the groundwater under the site did not pose a threat to the nearby City of Lodi drinking water wells, with the closest well within 250 feet of the site. On January 16, 1992, the State of California Department of Toxic Substances Control Board issued correspondence indicating that the property was listed in the CALSITES database and that failure to cooperate with PHS/EHD could result in formal referral to their department for enforcement actions. On January 29, 1992, Telic Engineering collected soil samples, without PHS/EHD inspection, from the soil: used to backfin the excavation and the results indicated no gasoline contamination. The samples were collected presumably to gather information related to your efforts to seek approval for use of the site as a day care center. State Water Resources Control Board Cleanup Fund Actions On September 11, 1992, the State Water Resources Control Board provided you with notice that your claim #003154 was ineligible because you failed to comply with PHS/EHD's directives, failed to submit evidence of the excavation's effectiveness, failed to submit hazardous waste manifests to show proper disposal of contaminated soil, failed to submit requested laboratory results and failed to submit a proposal to conduct a groundwater investigation. On November 18, 1992, the State Water Resources Control Board provided you with their final decision that they intended to remove the site from the priority list pursuant to Sections 25299.54(a), 25299.54(d), 25299.37(c) of the California Health and Safety Cade and Section 2811(a)(4) of the Underground Storage Tank Cleanup Fund Regulations, Article 5, Chapter 16, Division 3, Title 23 of the California Code of Regulations. On September 10, 1993, the State Water Resources Control Board issued findings dismissing your petition as the agency's final action. State Water Resources Control Board Emergency, Abandoned, and/or Recalcitrant Account Based on the information contained in the public record, including PHS/EHD's and the San Joaquin County Assessor's office, you are the current owner of the property (San Joaquin County APN 043- 024-09) located at 107 North School Street, in Lodi CA and you and Judith Newfield were the property owners when the contamination was discovered. For a period of time beginning on November 6, 1987 until September 26, 1996 Richard Navone was the property owner. On September 26, 1996, the San Joaquin County Treasurer's Office sold the property to you as sole