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Californ*egional Water Quality CoArol Board ...', <br /> \/� Central Valley Region <br /> Karl E.Longley,SCD,P.E.,Chair ". <br /> Linda S.AdamsSecSacramento Main Office Arnold <br /> Environmental <br /> 11020 Sun Center Drive#200,Rancho Cordova,Califomia 956746114 Schwarzenegger <br /> Environmental6) Governor <br /> Protection Phone 916 4644-3 ��916)�-4645 <br /> http:// r valley <br /> 25 July 2007 JUL 2 0 2007 <br /> Mr. Kelly F. Reilly ENVIRONMENT HE'-Certified Mail <br /> 7808 Kelley Drive, F pERM!T7SEWICE7006 0810 0002 9651 1176 <br /> Stockton, CA 95207 <br /> REQUEST FOR SITE ACCESS ON PROPERTY AT 3300 N. EL DORADO STREET, <br /> STOCKTON, SAN JOAQUIN COUNTY <br /> As a result of petroleum release at 75 E. Alpine Avenue, a site located to the west of your <br /> Stockton property (3300 N. EI Dorado St.), this office has directed ExxonMobil Corporation to <br /> further investigate the extent of hydrocarbons associated with this release. As part of this <br /> investigation, ExxonMobil has been directed to install additional groundwater monitoring points <br /> downgradient (east) and crossgradient (north and southeast) of the 75 E. Alpine Ave. site. <br /> ExxonMobil and their environmental professional, ETIC Engineering, Inc. (ETIC), have <br /> complied with all of our directives, and in an attempt to install the requested monitoring wells, <br /> have attempted to obtain a cooperative access agreement from you to locate the needed well <br /> to the east on your property. ExxonMobil has informed us that twice you have denied their <br /> request for access, on 29 May 2007 and 11 June 2007. As such they have requested our <br /> (Regional Board) assistance with this matter. On 3 July 2007 1 spoke by phone with you, and <br /> access was denied. This letter serves as my final attempt to acquire access, prior to formal <br /> enforcement action by the Regional Water Quality Control Board, Central Valley Region in <br /> Rancho Cordova. <br /> Under California Water Code Sections 13267 and 13304, all persons owning property <br /> underlain by contaminated ground water may be held responsible for investigation and <br /> remediation of the contamination. Generally, the Regional Board has exercised its discretion <br /> to hold responsible only persons who own the land on which sources of pollution are located, <br /> and not adjacent landowners whose land overlies the plume. Nonetheless, it is common that <br /> those persons remediating sites require access to adjacent land to complete their investigation <br /> and remediation. <br /> Where access to adjacent land is required, the Regional Board encourages the responsible <br /> party and the adjacent landowners to come to agreement regarding access. This agreement <br /> may include indemnity clauses. We have been informed that requests to access your site for <br /> the required investigative activities, and our one attempt to informally resolve the matter, have <br /> resulted in refusal for access from you. We are concerned that failure to access your property <br /> to install the necessary monitoring point will impede the investigation and subsequent <br /> remediation, and allow for the further degradation of the State's water resources. <br /> The investigation of this site must proceed in a timely manner. While we prefer to see the <br /> parties come to a mutual agreement on access, we will intervene with enforcement action if <br /> California Environmental Protection Agency <br /> 0 Recycled Paper <br />