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IN" Department of Toxic Substances Control `° Edwin F. Lowry, Director 8800 Cal Center Drive, Suite 350 Winston H. Hickox Sacramento, California 95826 Gray Davis Agency Secretary Governor California Environmental Protection Agency July 17, 2001 Mr. Ron Barber 4460 South Highway 99 Stockton, California 95215 EQUINOA PROPERTY, 4599 MANTHEY ROAD, STOCKTON, SAN JOAQUIN COUNTY, CALIFORNIA Dear Mr. Barber: The Department of Toxic Substances Control (DTSC) looked into your request to determine if your plans for developing the subject property would have an impact on public health and safety. According to our files, the five-acre parcel was used historically for the unauthorized disposal of asbestos-containing debris. Several actions were taken by regulatory agencies to control migration of the asbestos fibers. Most notably, in October 1991, the U.S. Environmental Protection Agency (U.S. EPA) had a permanent three-foot cap installed consisting of clean fill and required a deed restriction be recorded to preclude future disturbance of the cap. On June 11, 2001, DTSC met with Sue Markie of the California Integrated Waste Management Board (CIWMB) and Robert McClellan of the San Joaquin County Environmental Health Division (SJCEHD) to discuss your interest in developing the site as a mini-storage facility. After discussing the construction and engineering aspects of the proposed project, all agencies are concerned that the development could potentially compromise the integrity of the cap, and therefore the option of building directly on the cap seems unlikely. However, DTSC, in consultation with the CIWMB, EPA, and SJCEHD will consider evaluating additional engineering reports prepared by a Registered Engineer concluding that the proposed construction will not compromise the cap. Typically, any changes to the post-closure conditions will require approval of CIWMB. Since the property is considered a hazardous substance release site, any development project would need an approved remediation plan to ensure that the final land use is protective of public health and the environment, that it complies with the California Environmental Quality Act and public notification requirements, and receives regulatory approval to modify the deed restriction. DTSC is willing to act as the lead regulatory agency in overseeing the remediation of the asbestos contamination. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at www.dtsc.cl.gov. ® Printed on Recycled Paper