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1.3 Jurisdiction. This Agreement is entered into by DTSC and Proponent <br /> pursuant to Health and Safety Code (H&SC) section 25355.5 (a) (1) (C). This section <br /> authorizes DTSC to enter into an enforceable agreement with Proponents to oversee the <br /> characterization and cleanup of a Site. <br /> 1.4 Purpose. The purpose of this Agreement is for the Proponent to submit a <br /> Preliminary Endangerment Assessment (PEA)equivalent Report summarizing completion <br /> of the characterization and soil removal activities conducted at the Site. DTSC will <br /> determine based upon review of the PEA equivalent Report if a No Further Action finding is <br /> appropriate for the area of the site investigated and subject to soil removal activities. The <br /> purpose of this Agreement is also for DTSC to obtain reimbursement from the Proponent <br /> for DTSC's oversight costs. DTSC will be working in coordination with the San Joaquin <br /> County Environmental Health Department(SJCEHD)and Regional Water Quality Control <br /> Board (RWQCB) as needed during the proposed scope of work in this Agreement. <br /> II. BACKGROUND <br /> 2.1 Ownership. The APN subject to this Agreement is owned by Spanos Family <br /> Partnership and operated by Mr. Tom Newhall doing business as Tom Newhall Boat <br /> Repair located at 8090 Rio Blanco Road, Stockton, California 95219 (see Exhibit B). <br /> 2.2 Substances Found at the Site. A soil sample collected by DTSC personnel <br /> on October 7, 2003, identified, through laboratory analysis, the following contaminants of <br /> concern: Copper at 3,040 mg/kg, and Zinc at 591 mg/kg. <br /> 2.3 Physical Description. The Site is generally flat, located on a levee that is <br /> bordered on the south by Disappointment Slough and on the east by Rio Blanco Road. <br /> 2.4 Site History. Boat repair services have been provided at this location for <br /> approximately twenty-five years, the last three by Tom Newhall Boat Repair. Services <br /> 2 <br />