SITE INFORMATION AND CORRESPONDENCE_FILE 2

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CaN Mr. Frank Girardi Environmental Health Department San Joaquin County March 19, 2007 Page 2 America,• Alcoa Construction Systems, Inc. and Challenge Developments, Inc., SWRCB Order No. WQ 93-9, 1993 Cal. ENV LEXIS 17. In Order No. WQ 93-9, the Board concluded that the primary responsibility for cleanup should be with the operator or the party w o created the discharge. See, Order No. WQ 89-1, p. 4. As you are aware, for this site, this is American Forest Products Co. (AFPC), ' whd is currently assessing groundwater at 1-800 Mirth MarslidAvenue fdr-c]eanu-and' closure. Those parties who are considered responsible parties due solely to their land ownership, such as MCD, are deemed to be "secondarily liable." In re Aluminum Company, 1993 Cal. ENV LEXIS 17.1 As previously noted, MCD is committed to complete the required provisions of a Voluntary Cleanup Agreement(VCA) with the Cal ifomia Department of Toxic Substances Control (DTSC) for assessment and cleanup of strt ctures and soil on both properties. The VCA requires that MCD cleanup soils to meet health-risk based cleanup objectives and/or "appropriate and relevant alternative requirements" (ARARs). MCD can address EHD numerical ARARs, if EHD provides Tom Berg of DTSC with a technical justification for their applicability to the site at 1800 North Marshal Avenue. If you have any questions or comments, please feel free to call m Sincerely, Timot iy J. Swickard TJS:mm 'See also,Order Nos. WQ 86-11 (landowner and operator named in waste discharge requirements; operator primarily responsible for compliance); 86-18(landowner and manufacturer of semiconductors named in site cleanup requirements;manufacturer primarily responsible; 87- (mine operator and landowner named in waste discharge requirements; operator primarily responsible); 87-6(landowner and lessees/manufacturers of semiconductors named in site cleanup requirements; lessees primarily responsible); 89-1 (landowners and operator of crop dusting business named in cleanup and abaten.ent order;operator primarily responsible); 89-8 (possessor of long-term lease included in cleanup and abateme t order together with the parties who caused the release of pollutants; lessee considered secondarily liable along with the landowners);92-13(landowners held secondarily liable in cleanup and abatement order; operators considered primarily liable).