SITE INFORMATION AND CORRESPONDENCE

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a 820 South American Street Page 2 On July 13, 1994, PHS/EHD scheduled an administrative hearing for July 28, 1994 at which you agreed to submit a cleanup fund application with PHS/EHD's assistance. The application was submitted and subsequently rejected due to your violation of the Health and Safety Code. On January 29, 1992, Complaint No. 241162 was filed by Lisa Brown, Deputy District Attorney for permanent injunction and civil penalties regarding your use of simple green and violations of the Health and Safety Code and the Business and Professions Code. On December 8, 1992, Complaint No. 241 162 was finaled as a Stipulation for Final Judgement whereby you admitted guilt to the Health and Safety Code and Business and Professions Code violations and were required to pay $50,000: $5,000 initially and the $45,000 balance in seven yearly payments. Payment to the San Joaquin County District Attorney has not been made. Since March 8, 1995 when the State Water Resources Control Board Cleanup Fund Program rejected your application for violations of the Health and Safety Code, you have made no effort to proceed with the required investigation. You have been repeatedly requested to submit a work plan to continue the investigation and either have been unwilling or unable to secure funding to perform the required investigation. The contamination evidenced to date may pose a threat to the nearest municipal drinking water well that is located at Scotts Avenue and American Street, approximately 2 blocks north of the site which is located at Worth Street and American Street. This well is owned by California Water Services (Station 30) and was drilled on June 27, 1952. The well was cased to a total depth of 518 feet below ground surface and is perforated from 288 to 516. The well is cased with conductor casing from ground surface to 288 feet. There is a 12 feet grout seal from the surface. Given the significant groundwater contamination which has been evidenced, PHS/EHD has begun evaluating the possibility of accessing the State Water Resources Control Board's Emergency, Abandoned or Recalcitrant account. Your compliance and the site's history has demonstrated recalcitrance, in which case direct site action can be initiated by PHS/EHD to perform the necessary investigation. Please be aware that you will be financially responsible for all costs associated with the investigation. State Water Resources Control Board Emergency, Abandoned, and/or Recalcitrant Account Based on the information contained in the public record, including PHS/EHO's and the San Joaquin County Assessor's office, you, doing business as Frahm and Kelly Company, are the current owner of the property, (San Joaquin County APN 147-292-09 and 147-292- 11) with the postal address 820 South American Street in Stockton CA and were the property owner when the contamination was discovered. You are therefore named as the sole known responsible party for the investigation, cleanup and damages resulting from the release of petroleum products on your property. It is unknown whether contamination has migrated beneath the property you formerly owned (APN 147-292-10)which was part of the 820 South American Street complex and now currently owned by Law, Albanese and West Inc. Should contamination be evidenced on this property, the current owners will be named as additional responsible parties.