SITE INFORMATION AND CORRESPONDENCE_FILE 1

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820 South American Page 3 The State Water Resources Control Board has been authorized to provide funding to Regional Water Quality Control Boards and local agencies for direct site cleanup, pursuant to Sections 25299.51 and 25299.53 of Chapter 6.75 of the California Health and Safety Code, when the tank owner or operator fails or refuses to take the required corrective action in response to a final order for corrective action. The Emergency, Abandoned, Recalcitrant (EAR) Account was established for this funding purpose. The State Water Resources Control Board is also authorized pursuant to Article 7, Chapter 6.75, Sections 25299.70 through 25299.75 of the California Health and Safety Code, to recover any costs incurred from the owner or operator of the underground storage tank which released the petroleum and which is the subject of these costs. Please note that the State actively recovers costs associated with the investigation and cleanup performed by the Central Valley Regional Water Quality Control Board or PHS/EHD. Costs may include: corrective action costs; any costs incurred for Regional Water Quality Control Board and local agency staff time; contracting costs; and, any costs incurred by the State Attorney General's Office in their cost recovery efforts. Please note that given your compliance history you are considered recalcitrant. Final Directive Due to the potential impact which your site may have on a drinking water well, you are hereby directed to submit a work plan in conformance with the August 31, 1991 Appendix A - Reports of the Tri-Regional Recommendations to perform a soil and groundwater investigation by January 24, 1997. The work plan should include a minimum of three monitoring wells, sufficient soil borings to estimate the extent of remaining petroleum hydrocarbon contamination and a PHS/END permit application with the associated $89 fee. The proposed field activities must be completed by February 7, 1997, in order to achieve compliance and to avoid further enforcement actions including accessing the State Water Resources Control Board's Emergency, Abandoned and Recalcitrant Account program. Failure to comply with the above directives, will result in a determination that you are recalcitrant. PHS/EHD will petition to access the EAR Account. You will be responsible to reimburse any funds which PHS/EHD uses to investigate and/or remediate your site. The State Attorney General's Office actively collects reimbursement of EAR.Account funds. If you have any questions, please contact Mary Meays at (209) 468-0337. Donna Heran, REHS Director Environmental Health Division Mary Meas Senior RENS Mar ao REHS Y 9 9 Site Mitigation Unit Supervisor MM\820AMER cc: Elizabeth Thayer, CVRWQCB Diane Edwards, SWRCB Law, Albanese, and West, Inc, 6018 Stewart Avenue, Fremont CA 94538 David Irey, San Joaquin County Deputy District Attorney