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PUBLIC HEALTH S'ER' ICES <br /> SAN JOAQUIN COUNTY =: <br /> JOGI KHANNA M.D..M.P.H. y < <br /> Healrh Officer <br /> P.O. Box 2009 • (1601 East Hazelton Avenue) •Stockton, Califomia 95201 C'°<J <br /> (209) 468-3400 <br /> DON ROEK <br /> ROEK BROTHERS <br /> 3736 SOUTH HIGHWAY 99 AUG a 4 1993 <br /> STOCKTON CA 95213 <br /> RE: 102 S. Wilson Way SITE CODE: 9031 <br /> Stockton, Ca <br /> San Joaquin County Public Health Services, Environmental Health Division (PHS/EHD) has received the <br /> letter from your attorney, Jeanne Zolezzi, dated June 16, 1993, and has the following comments for your <br /> consideration. <br /> The legal entity of Roek Brothers Construction was erroneously listed as the property owner and <br /> responsible party for the above noted site. Our records are being amended to reflect the correct legal <br /> entity, Roek Brothers, a general partnership. PHS/EHD apologizes for any inconvenience this oversight <br /> may have caused. <br /> PHS/EHD cannot name the land owners of 101 South Wilson Way as an additional responsible party for <br /> the Rock Brothers' site. PHS/EHD is not requesting the Roek Brothers to investigate contamination <br /> resulting from a release from an off-site source. Based on the data collected to date, the groundwater <br /> contamination documented at 102 South Wilson Way has not been determined to be originating from an <br /> off-site source. All assessment work required of the Roek Brothers has been to identify the full extent of <br /> the soil and groundwater plumes associated with a release of petroleum from underground storage tanks <br /> that were formerly located on the property at 102 South Wilson Way. <br /> The property and/or underground tank owner(s) at 101 South Wilson Way are responsible for investigating <br /> and remediating the effects of the release of petroleum from the underground tanks formerly located on <br /> that property. <br /> In a letter dated March 26, 1992 PHS/EHD requested you submit a workplan to investigate the soil <br /> contamination in the area of soil boring TB-5 and the full extent of the groundwater contaminant plume <br /> by April 27, 1992. This workplan was not submitted to PHS/EHD. <br /> In a letter dated December 7, 1992 PHS/EHD requested you submit a soil remediation and groundwater <br /> investigation workplan by February 8, 1993. PHS/EHD did not receive this workplan. <br /> Therefore, the request in the letter from your attorney that "PHS/EHD authorize implementation of a <br /> workplan for investigating and confirming relationship between soil and groundwater contamination at the <br /> site" is confusing. PHS/EHD will respond to any workplan submitted to this agency for review. <br /> The last request in the letter is for PHS/EHD to "confirm that Roek Brothers is secondarily liable for site <br /> contamination". PHS/EHD does not, in the naming of responsible parties for the purposes of the Local <br /> Oversight Program, determine the relative responsibility or liability of the responsible parties listed for a <br /> site. Therefore, PHS/EHD cannot, in any way, name or designate any responsible party as primarily or <br /> secondarily responsible. <br /> • A Division of San Joaquin Coonry Heath C; e S cm <br />