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admission to a court of law, to support their assertion that pollution is present. There is <br /> absolutely no evidence that the waters for beneficial fuses or the facilities which serves <br /> these beneficial uses have been unreasonably affected ( as outlined above in Water Code <br /> Section 13050 (1)) by the minor hydrocarbon impacts formerly and remaining in the <br /> subsurface soils on the site. <br /> If the conclusions or recommendations contained in this report and in the Closure Evaluation <br /> Report are not considered appropriate by the SJCPHS and the RWQCB, Ultramar should be <br /> presented with facts and professional opinions that conclusively demonstrate the benefits to <br /> human health and the environment of continued environmental compliance activities, as per the <br /> requirements of Section 13267 (b) of the Water Code. If a disagreement remains between the <br /> submitted reports and the SJCPHS and the RWQCB, Ultramai should be advised of the expedited <br /> technical conflict resolution process as outlined in State' Water Resources control Board <br /> Resolution 92-49. <br /> If you have any questions or comments regarding this letter, please call us at(408) 458-1612. <br /> Sincerely, <br /> REMEDIATION TESTING AND DESIGN <br /> ����o�VERFTT�yy�J� <br /> No. 4860 <br /> Howard . Whitney, R.G. <br /> Principal Hydrogeologist <br /> T�OF C A1- <br /> a <br /> - 5 - <br />