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<br /> Newfield Property Final Directive
<br /> Page 2
<br /> On November 15, 1990, PHS/EHD notified you that due to your failure to submit the requested
<br /> documentation to support your claim of insolvency or the required groundwater investigation
<br /> proposal, that PHS/EHD would request that the Central Valley Regional Water Quality Control Board
<br /> consider formal enforcement action.
<br /> On August 8, 1991, PHS/EHD issued correspondence to the Central Valley Regional Water Quality
<br /> Control Board, requesting that consideration be given to formal enforcement action. On September
<br /> 30, 1991, the Central Valley Regional Water Quality Control Board issued correspondence to the
<br /> responsible parties stating that despite repeated requests by the PHS/EHD for additional
<br /> investigation to determine the extent of contamination, the extent of contamination remained
<br /> undefined and that failure to initiate the work requested may subject the site to formal enforcement
<br /> action by the Regional Board. PHS/EHD, in correspondence dated October 23, 1991, summarized
<br /> the telephone conversation held between you and PHS/EHD staff on October 18, 1991. PHS/EHD
<br /> stated that due to the lack of information regarding the contamination status of this site, PHS/EHD
<br /> would be unable to comment on any potential health risks which may result, if the State of
<br /> California Department of Social Services Community Care Unit approved a day care center license
<br /> for this site and referred you to the Land and Air Assessment Unit of the Department of Toxic
<br /> Substances Control. PHS/EHD again recommended that you submit documentation to support your
<br /> contention that you were unable to perform the required site assessment because of financial
<br /> insolvency and recommended that you apply to the State Water Resources Control Board Cleanup
<br /> Fund Program. PHS/EHD also summarized the discussion regarding formal enforcement actions that
<br /> were pursued because information was not available to show that the groundwater under the site
<br /> did not pose a threat to the nearby City of Lodi drinking water wells, with the closest well within
<br /> 250 feet of the site.
<br /> On January 16, 1992, the State of California Department of Toxic Substances Control Board issued
<br /> correspondence indicating that the property was listed in the CALSITES database and that failure to
<br /> cooperate with PHS/EHD could result in formai referral to their department for enforcement actions.
<br /> On January 29, 1992, Telic Engineering collected soil samples, without PHS/EHD inspection, from
<br /> the soil used to backfill the excavation and the results indicated no gasoline contamination. The
<br /> samples were collected presumably to gather information related to your efforts to seek approval for
<br /> use of the site as a day care center.
<br /> State Water Resources Control Board Cleanup Fund Actions
<br /> On September 11, 1992, the State Water Resources Control Board provided you with notice that
<br /> your claim #003154 was ineligible because you failed to comply with PHS/EHD's directives, failed
<br /> to submit evidence of the excavation's effectiveness, failed to submit hazardous waste manifests to
<br /> show proper disposal of contaminated soil, failed to submit requested laboratory results and failed
<br /> to submit a proposal to conduct a groundwater investigation. On November 18, 1992, the State
<br /> Water Resources Control Board provided you with their final decision that they intended to remove
<br /> the site from the priority list pursuant to Sections 25299.54(a), 25299.54(d), 25299.37(c) of the
<br /> California Health and Safety Code and Section 2811(a)(4) of the Underground Storage Tank
<br /> Cleanup Fund Regulations, Article 5, Chapter 16, Division 3, Title 23 of the California Code of
<br /> Regulations. On September 10, 1993, the State Water Resources Control Board issued findings
<br /> dismissing your petition as the agency's final action.
<br /> State Water Resources Control Board Emergency, Abandoned, and/or Recalcitrant Account
<br /> Based on the information contained in the public record, including PHS/EHD's and the San Joaquin
<br /> County Assessor's office, you are the current owner of the property (San Joaquin County APN 043-
<br /> 024-09) located at 107 North School Street, in Lodi CA and you and Judith Newfield were the
<br /> property owners when the contamination was discovered. For a period of time beginning on
<br /> November 6, 1987 until September 26, 1996 Richard Navone was the property owner. On
<br /> September 26, 1996, the San Joaquin County Treasurer's Office sold the property to you as sole
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