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RECEIVED <br /> DEC 1 5 2009 <br /> December 14, 2009 ENVIRONIMENT NEALM <br /> PERMITISERVICES <br /> Mr. Nuel Henderson <br /> San Joaquin County Environmental Health Department <br /> 304 East Weber Avenue, Third Floor <br /> Stockton, CA 95202 <br /> Subject: Request for Case Closure <br /> 102 South Wilson Way, Stockton, California <br /> Dear Mr. Henderson: <br /> I am writing to request a `No Further Action' letter with respect to the site located at 102 <br /> S. Wilson Way. Based on substantial evidence of contaminant migration, and in <br /> consideration of the corrective actions undertaken to date, it is unreasonable to require the <br /> Knowles Fancily Trust to conduct further investigation or remediation at the site. <br /> The County has not demonstrated adequate evidence to support that groundwater <br /> contamination originated from an unauthorized release of the underground storage tanks <br /> previously located at 102 S. Wilson Way. Furthermore, a previous decision by the <br /> SWRCB clearly expresses the board's expectation that the County consider such <br /> evidence in designating a responsible party. <br /> Designation ofResaonsibitity <br /> The Knowles Family Trust sold the property located at 102 S. Wilson Way(the site)on <br /> August 5, 1977 to the Pepsi-Cola Bottling Company,after which the underground storage <br /> tanks were no longer in use. The underground fuel storage tanks located at the site were <br /> subsequently removed in December 1978, which is prior to the introduction of the use of <br /> oxygenates, including MTBE, as fuel additives. A retail gasoline service station had been <br /> in operation at the site since prior to 1936. <br /> For purposes of identifying the party responsible for undertaking the corrective actions <br /> necessary to address contamination directly resulting from an unauthorized release,the <br /> County must use all available resources to properly identify the source of the <br /> contamination, or in other words,the specific underground storage tanks which <br /> experienced the unauthorized release of the contaminant in question. The existence of <br /> contaminants in the groundwater beneath a site is not adequate evidence that an <br /> unauthorized release occurring at the site was responsible for that groundwater <br /> contamination. <br /> As it pertains to the site at 102 S. Wilson Way, the only logical explanation for the <br /> presence of MTBE and other oxygenates in the groundwater is that contamination was <br />