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afternoon. When asked why the spill was not reported, Mr. Duncan replied, "We thought it was okay because it was bermed" (the dirt area around the tank and metal berm). I questioned Mr. Duncan to see if the dirt berm was cemented or otherwise rendered impervious to spilled liquids, and Mr. Duncan replied, "No it's all dirt". I informed Mr. Duncan that Holly Sugar was responsible for reporting all hazardous material spills. I inquired who was in charge on Sunday November 4, 1990. According to Mr. Duncan the person in charge was Bob Burt, the Shift Superintendent. When I asked Mr. Duncan to estimate the quantity of #6 fuel oil spilled, Mr. Duncan thought it was about 300-500 gallons. I told Mr. Duncan my estimate would be about 500 - 800 gallons because of the 12 by 18 square foot area covered with soil in the dirt berm. The spilled fuel was visible at the perimeter of the soil cover where it seeped out. (see photographs). I took pictures to document the spill (taken on west, south and east sides of the spill). The fuel oil had initially spilled out on the west side of the above ground tank, and subsequently spread around 75% of the tank's metal berm. Mr. Duncan dug two inches into a puddle. This revealed that the fuel was not rapidly leaching into the ground. I obtained a sample of the #6 fuel oil in the puddle for future analysis. The sample has been retained at Public Health Services - Environmental Health Division. I wrote out a notice to abate and gave it to Mr. Duncan. I asked him to call the PHS-EHD for an inspection to verify clean up activities. On November 9, 1990 at 10:00 a.m. I met with Mr. Duncan at the Holly Sugar plant to verify clean up activities. I proceeded to the above ground storage tank area, and inspected the fuel oil spill area around the tank berm. The Workers had removed the soil contaminated with #6 fuel oil and placed under and above visqueen. I observed that there was still fuel oil. dripping out of the metal berm surrounding the tank. Mr. Duncan stated that the fuel oil would be absorbed with diatomatious earth, and the metal berm cleaned. On December 14, 1990, at 8:40 a.m. Dave Duncan returned my phone call of December 13, 1990. I had called requesting the laboratory soil sample results proving non -hazardous status of the #6 fuel oil contaminated soils. Mr. Duncan stated he would submit soil sample results as soon as he receives them from An Lab. I also gave Mr. Duncan the phone number of the California State Department of Health Services Waste Evaluation Unit for information on disposal of contaminated soils.