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2 <br /><Stewart.Black@Waterboards.ca.gov>; Linda Turkatte [EH] <LTurkatte@sjcehd.com>; Palmer, Ann@Waterboards <br /><Ann.Palmer@waterboards.ca.gov>; Altevogt, Andrew@Waterboards <Andrew.Altevogt@waterboards.ca.gov> <br />Subject: RE: 13267 Order R5-2019-0886, Former Pilkington North America, 500 E. Louise Avenue, Lathrop <br /> <br />Mr. Djuth, <br /> <br />Thank you for your message. We did discuss and tentatively agree on extending the submittal dates by two <br />weeks. <br /> <br />I also requested that we get together, in person, as soon as possible given my travel this week, so hopefully no <br />later than Wednesday the 24th (so that I then have the remainder of next week to pull together the response to the <br />order). Please advise when you all can meet. <br /> <br />I must say that I do not recall any discussion yesterday about a “stop all earth moving and construction activities <br />at the site” proviso. <br /> <br />Nor am I aware of authority for the Board to issue such an order in these circumstances. Please let me know at <br />your first convenience what provision(s) within Section 13267 (or elsewhere in the Water Code or other <br />applicable body of law), provides for the “stop work” order portion of your message. <br /> <br />Inasmuch as that provision seemingly revise, quite substantially in my view, the order Mr. Altevogt actually <br />signed, I have added him to this thread so that he can speak for himself in regard to the “stop work” proviso. <br /> <br />Thank you. <br /> <br /> <br />Robert P. Doty <br /> <br />direct: 415.262.5115 <br />rdoty@coxcastle.com | vcard | bio | website <br /> <br />From: Djuth, Gerald@Waterboards [mailto:Gerald.Djuth@waterboards.ca.gov] <br />Sent: Monday, April 15, 2019 4:25 PM <br />To: Doty, Robert P. <br />Cc: Dana Parry (danap@reynoldsandbrown.com); Black, Stewart@Waterboards; Linda Turkatte [EH]; Palmer, <br />Ann@Waterboards <br />Subject: 13267 Order R5-2019-0886, Former Pilkington North America, 500 E. Louise Avenue, Lathrop <br /> <br />Robert – <br /> <br />This letter is to confirm our telephone conversation today on the referenced 13267 Order. It is my understanding that <br />you will talk to your client today and call me back by tomorrow (Tuesday, April 16) in the morning to confirm your <br />proposed schedule to meet the requirements of the Order. <br /> <br />We have tentatively set 26 April 2019 the date for submittal of the Site Activity Report and 3 May 2019 for submittal of <br />the Work Plan for site characterization. Although the due dates specified in the Order stand as written, Site Cleanup <br />Program staff will defer referring the case to our Enforcement Unit if the required report and work plan are submitted