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STATE OF. ALIFORNIA GEORGE DEUKMEJIAN,Governor <br /> CALIFORNIA REGIONAL WATER QUALITY CONTROL- <br /> CENTRAL <br /> ONTRO CENTRAL VALLEY REGION <br /> 3443 ROUTIER ROAD <br /> SACRAMENTO,CA 95827-3098 <br /> MAR <br /> 1 .1 3,. ; <br /> ENVIROkIENTAL HEALTH <br /> 9 March 1987 FERMIT/SERVICES CERTIFIED MAIL <br /> P08 9065777 <br /> Mr . Charles McCormick III , President <br /> McCormick and Baxter Creosoting Company <br /> P .O. Box 3048 <br /> Portland, OR 97208 <br /> TOXICS PITS CLEANUP ACT (TPCA) , MC CORMICK AND BAXTER, SAN JOAQUIN COUNTY <br /> A recent review of the files and results of preliminary soils analysis conducted <br /> by the Regional Board staff indicate that the surface impoundments operated by <br /> McCormick and Baxter (Mc&B) is subject to the requirements of the Toxics Pits <br /> Cleanup Act (TPCA) . This law requires that all surface impoundments containing <br /> free liquids be closed or retrofitted unless the owner/operator applies for and <br /> receives an exemption. The deadline for receiving an exemption (1 January 1986) <br /> has passed. Therefore, since the Mc&B surface impoundment is within a 1/2 mile <br /> upgradient of a potential drinking water source, the law requires that this <br /> impoundment be closed by 30 June 1988. For your information I have enclosed a <br /> copy of the TPCA (Attachment 1) . <br /> We understand that an extensive amount of work has been completed as a result of <br /> requirements contained at the stipulated Settlement Agreement signed by the State <br /> agencies and Mc&B . It is not our intention to delay any of the activities <br /> required by the ongoing pollution investigation being conducted in accordance with <br /> the Settlement Agreement. Therefore, whenever possible, the tasks and information <br /> required under the TPCA will be coordinated with requirements of the other regula- <br /> tory programs presently being implemented at your site . However, the TPCA <br /> requirements must be satisfied within the statutory deadlines contained in <br /> the regulations regardless of the time schedule contained in the Settlement <br /> Agreement. <br /> TPCA also requires that all owners/operators submit a Hydrogeologic Assessment <br /> Report (HAR) . The HAR is needed to adequately define the nature and extent of any <br /> ground water pollution, hydrogeologic conditions, and climatological conditions <br /> which exist at the site. The HAR shall be prepared by a qualified person pursuant <br /> to Section 25208 .2( t) of the TPCA and shall contain all of the information <br /> required by the Regional Board. <br /> The HAR outline (Attachment 2) is intended to provide guidance and assist Mc&B in <br /> the development of the HAR for this site. Each point shown on the outline should <br /> be fully addressed, and all conclusions contained in the HAR should be fully <br /> substantiated. Where applicable, the discussion in each HAR should include a <br /> description of equipment, methods, and procedures used as well as the rationale <br /> for their use. Information contained in a HAR should be presented in written, <br />