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PUBLI1 HEALTH SERVICES SAN JOAQUIN COUNTY r. a: .a ENVIRONMENTAL HEALTH DIVISION Ernest M. Fujimoto, M.D., M.P.H., Acting Health Officer 445 N. San Joaquin Street • P. O. Box 388 • Stockton, CA 95201-0388 209/468-3420 May 2, 1995 From: Doug Wilson, Supervising REHS Public Health Services - Environmental Health Division (PHS-EHD) P. O. Box 388 Stockton, CA 95201 RE: Phone conversation with Mr. Brubaker, EPA, on April 27, 1995 concerning disposal of contaminated demolition materials from the McCormick and Baxter cleanup site to the Austin Rd. landfill. I received a call from Mr. Brubaker (415-744-2293) on voice mail and returned the call. Mr. Brubaker identified himself as the,"head," of response operations and he had called concerning the material which had come from the McCormick and Baxter superfund cleanup site and ended up at the City of Stockton Austin Rd. landfill. Mr. Brubaker wanted to know what we (PHS-EHD) wanted to do at the landfill. I indicated that removal would be the proper course of action. Mr. Brubaker claimed that the material taken to the landfill was not tested prior to taking it there and the samples taken latter of other material were not necessarily the same as the materials taken to the landfill. Mr. Brubaker stated, "It is a problem of perceptions," as to whether the waste was truly a hazardous waste. Mr. Brubaker was informed that all the data supplied by EPA (Mr. Shipley) that I had personally seen, were shown to be hazardous waste by California state statues. I told Mr. Brubaker that it was hard for me to believe that on an EPA superfund cleanup site that disposal materials were not routinely sampled prior to disposal. Mr. Brubaker stated that as far as we know we are following state law." Mr. Brubaker stated that the interior of the office buildings did not need to be sampled. I mentioned that Mr. Shipley had supplied the data which was to be representative of the disposed materials. Mr. Brubaker confirmed that he was Mr. Brad Shipley's superior. Mr. Brubaker stated that the removal of the material from the landfill would be to hard to do and the city (Stockton) had confirmed that it (the material) would be hard to find. I informed Mr. Brubaker that I had been in contact with the city (Stockton) and they had confirmed that they had the ability to find the location. I at that time informed Mr. Brubaker that PHS-EHD and other agencies of the City of Stockton had been contacted by several EPA official and attorneys who continued to insist that EPA only has to follow federal Laws. Because of the pressure from EPA PHS-EHD had contacted CAL-EPA and referred that matter to them for any further action. Mr. Brubaker stated that the past record of disposal at the landfill (Austin rd.) had been poor and the material they (EPA) had disposed of at the site was no worse than the past disposal practices. I informed Mr. Brubaker that the EPA cannot add to a contamination problem even if it did exist, and this would not be an adequate excuse to continue to contaminate an area. Mr. Brubaker stated " If its a waste of Money to deal with ... I will be looking where I'm going to put my money (EPA superfund money)." Mr. Brubaker stated that he would be gone the next week and his immediate Superior was a Mr. Don White (415-744-2353). A Division of San Joaquin County Health Care Services