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A • <br /> A�� NEUMILLER & BEARDSLEE <br /> � A A PROFESSIONAL CORPORATION•ATTORNEYS&CouNsuoRS ESTABWSHED 1903 <br /> 75376-16735 <br /> KARMA E.HAREICEELD <br /> STOCKT509W. OFFICE: <br /> 509 W.Weser AvE. <br /> $TocRroN,CA May 18, 1994 <br /> 95203-3166 <br /> (209)948-8200 �Y;r�Y 2 ^ 1994 <br /> (209)948-4910 FAx <br /> ADDRESS: <br /> P.O.Box 20 Ms . Diane Hinson ENVIRONMENTAL HEALTH <br /> F.O.Bo <br /> $rOCRTON,CA Ms . Linda Turkatte PERMIT/SERVICES <br /> 95201-3020 San Joaquin County <br /> MODESTO Public Health Services <br /> (209)577-8200 Environmental Health Division <br /> (209)577-4910 FAx Post Office Box 388 <br /> Stockton, California 95201-0388 <br /> Re : Roek Bros . /102 S. Wilson Way, Stockton <br /> Dear Diane and Linda: <br /> I am in receipt of your letter regarding the review <br /> of the "Workplan for Groundwater Investigation" submitted <br /> by Kennedy/Jenks for the above-referenced site . While we <br /> understand the confusion generated by this site, we feel <br /> compelled to set the record straight on the status of this <br /> matter. <br /> At the outset, the conclusion drawn by your office <br /> that Roek Bros . has taken the initiative to begin site <br /> work is clearly erroneous . As we have discussed, Roek <br /> Bros . is undertaking the work described in the workplan <br /> for the purposes of litigation only. In no way has Roek <br /> Bros . re-instituted investigation of the soil and <br /> groundwater contamination, nor does it intend to until its <br /> rights are determined regarding the site. Rather, Roek <br /> Bros . is pursuing litigation to compel the truly <br /> responsible parties to come forward and take over the <br /> investigation and remediation of the site . <br /> Furthermore, the extension of time to investigate the <br /> soil and groundwater contamination was granted because of <br /> the pending petition at the State Water Resources Control <br /> Board. As you are well aware, the petition has been <br /> pending for nearly six months and has only been delayed <br /> because of the State Board' s action. Our desire to <br /> conduct further testing to establish the flow of the <br /> groundwater cannot be construed as waiving the extension, <br /> we are simply conducting further investigation for <br /> litigation purposes against the responsible parties . <br /> F:\TRN\16735\C\ROEK9.xE14 <br /> 75376-16735/cjm/05/18/94/1 <br />