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California Regional Water Quality Control Board $,? <br /> Peter M.Rooney Central Valley Region Ed J.Schnabel <br /> Secretaryfor Chair <br /> Environmental Sacramento Main Office <br /> Protection Internet Address: http://Htivw.swrcb.ca.gov/—rwgcb5/liome:htm] <br /> 3443 Routier Road,Suite A,Sacramento,California 95827-3003 <br /> Phone(916)255-3000•FAX(916)255-3015 <br /> 10 December 1998 <br /> Mr. David Weisenberger, General Manager <br /> Banta Carbona Irrigation District <br /> 3514 West Lehman Road <br /> P.O. Box 299 <br /> Tracy, CA 95378-0299 <br /> PROPERTYACCESS TO CONDUCT GROUNDWATER SAMPLING, ALL PURE <br /> CHEMICAL COMPANY, TRACY, SAN JOA 0 UIN CO UNTY <br /> In response to requests from Board staff, All Pure Chemical Company (APC) and its consultants <br /> are investigating groundwater contamination beneath and adjacent to APC's Tracy facility. To <br /> complete the current phase of work, groundwater samples may need to be taken on Banta <br /> Carbona Irrigation District property which is directly east of APC. The information from this <br /> investigation is necessary to determine the extent of groundwater contamination before APC can <br /> proceed with remediation of the site. <br /> Under the California Water Code Sections 13267 and 13304, all persons owning property <br /> underlain by contaminated groundwater may be held responsible for investigation and <br /> remediation of the contamination. Generally, the Board has exercised its discretion to hold <br /> responsible only persons who own the land which was the source of pollution, and not <br /> landowners whose land sits over the plume. Nonetheless, it is common that those persons <br /> remediating sites require access to adjacent land to complete their investigation and remediation. <br /> Where access to adjacent land is required, the Board encourages the responsible party and the <br /> adjacent landowners to come to agreement regarding access. This agreement may include <br /> indemnity clauses and payments. In my recent conversations with Mr. Andrew Woods, APC's <br /> Safety and Environmental Director, he stated that BCI has requested compensations for granting <br /> access that APC does not wish to pay. Specifically, BCI requested improvements to the access <br /> road. APC has notified the Board that its off-site investigation cannot be undertaken until access <br /> rights to BCI property are obtained. The off-site investigation of APC's groundwater <br /> contamination has been delayed for over a year and a half, in part due to problems with securing <br /> property access agreements. I do not wish to further delay the investigation, and I am concerned <br /> that the failure to reach agreement for property access will impede the investigation and <br /> subsequent remediation of the APC site. <br /> California Environmental Protection Agency <br /> �n�Recycled Paper <br />