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_ 0 <br /> I . BACKGROUND <br /> On January 30 , 1984, the Marley Cooling Tower Company (Marley ) <br /> submitted to the California Regional Water Quality Control Board <br /> (Board ) and California Department of Health Services , Toxic <br /> Substances Control Division (DOHS) , a corrective action plan for <br /> Marley's wood treating operation located in Stockton, California. <br /> The corrective action plan (CAP ) addressed the history of the <br /> Stockton , California site and referenced several previous Marley <br /> soil and water data submittals to various state agencies. The <br /> CAP also summarized an outline for proposed corrective actions <br /> to be undertaken by Marley at the site to remedy alleged surface <br /> water , ground water , and soil contamination problems. The CAP <br /> submittal was made in good faith by Marley and represented <br /> Marley ' s best effort to comply with applicable state of <br /> California regulations pertaining to the potential site <br /> contamination as they were then understood by Marley. <br /> By letter of March 6 , 1984, the DOHS responded to Marley's CAP. <br /> That response indicated that the CAP was deficient in several <br /> respects and it enumerated . certain minimal conditions which <br /> Marley had to address. Similarly , by letter of March 20 , 1984 , <br /> the Board advised Marley that it had reviewed the proposed Marley <br /> CAP and had determined that it was inadequate in several areas ; <br /> an attached three page memorandum elaborated on the plan <br /> inadequacies and suggested additional remedies to be addressed in <br /> the CAP. The Board further requested that Marley review these <br /> 1 <br />