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STATE OF CALIFORNIA—HEALTH AND WELFARE AGENCY GEORGE DEUKMEJIAN, Gorwwor DEPARTMENT OF HEALTH SERVICES TOXIC SUBSTANCES CONTROL DIVISION NORTHERN CALIFORNIA SECTION 4250 POWER INN ROAD SACRAMENTO,CA 95826 (916)739-3145 September 30, 19 � a 1987 pCT ME�TA� HEp�TH Mr. Charles R. McCormick, IIINVIR� SER�►CES McCormick and Baxter Creosoting Company P.O. Box 3048 Portland, OR 97208 12- Dear Mr. McCormick: Our letter of 3 July 1987 approving the 11 May 1987 Workplan was conditioned upon satisfactory resolution of the State's concerns and incorporation of our requirements. The conditional approval allowed time to finalize the workplan specifications to meet the State requirements. However, not all of our requirements have been met and there was an inadequate attempt to resolve any concerns that McCormick & Baxter may have had prior to initiating work. As an example, our letter required that the Health and Safety Plan comments be resolved with state staff prior to beginning any work on site. State staff were not contacted until after CH2M Hill staff were already in the field. The issues were then resolved by telephone prior to submittal of your 31 July 1987 letter. The majority of our requirements have been complied with in the amended Workplan. However, several significant points have not been complied with and we have not found sufficient reasons in your response letter to change our requirements. We also note that McCormick and Baxter did not seek approval of their approach prior to initiating work. Items which must be modified in the workplan include well sampling frequency (comment 19) , equivalency testing (comment 14) , and second column confirmation (comments 13 and 23) . The Department of Health Services (21 September 1987) and the Regional Water Quality Control Board (2 September 1987) detailed comments defining all of the inadequacies are attached. To attain final technical resolution of all attached comments, in accordance with the Stipulation for Director's Order (Agreement) , McCormick and Baxter is to contact State technical staff within five (5) working days and schedule a meeting to resolve these issues. If the State is still not satisfied with McCormick and Baxter's proposed solutions, then in accordance with Section X of the Agreement, McCormick and Baxter will be found in non-compliance.