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i <br /> 1 2 . 1 . 5 Both the retention pond and the retort pit were designed <br /> 2 and constructed with drywells to dissipate rainwater. <br /> 3 2 . 1 . 6 In 1977 , the pond dry-wells were backfilled with concrete. <br /> 4 2 . 1. 7 In 1985, the retort pit was retrofitted with a treatment <br /> 5 fluid capture system and the installation of an impervious <br /> 6 liner. Captured rainwater was then either used in wood treating <br /> 7 process or discharged to the pond. <br /> i <br /> i <br /> 8 2 . 1. 8 With the exception of the above noted pond modification, <br /> 9 the pond has not been altered since its construction. <br /> 10 2 . 1. 9 Between 1966 and June 1982 , wood products were treated <br /> 11 with a copper/chromium/arsenic (CCA) solution. An acid/copper/ <br /> 12 chromium (ACC) solution replaced the CCA solution in June 1982 . <br /> i <br /> 13 2 . 1. 10 The site has been listed pursuant to Health and Safety <br /> 14 Code Section 25356 as a hazardous substance release site. <br /> 15 2 .2 DESCRIPTION OF EACH RESPONDENT AND CONNECTION TO SITE <br /> i <br /> 16 2 . 2 . 1 The Department has determined that the Marley Cooling <br /> 17 <br /> Tower Company, a Delaware Corporation, is a responsible party <br /> 18 since it is the owner of the property and operator of the <br /> 19 facility. The Marley Cooling Tower Company has undertaken and <br /> 20 is continuing to work on the investigation and remedial <br /> 21 activities at the Site pursuant to the 1984 Settlement Agreement <br /> 22 between the Department and the Central Valley Regional Water <br /> 23 Quality Control Board (CVRWQCB) , a copy of which is appended <br /> 24 hereto as Appendix No. 1. <br /> 25 2.3 SITE INVESTIGATIONS <br /> 26 2 .3 . 1 The Respondent entered into the Settlement Agreement <br /> 27 <br /> -3- <br /> COURT PAPIER <br /> @TATE O/CALIFORNIA <br /> /TCI. 113 111[V. 4•721 <br /> as NM <br />