Laserfiche WebLink
JL �7 <br /> SPENCER T. MALYSIAK <br /> LAW CORPORATION <br /> Pia 9: rig <br /> 1130 Iron Point Road•Suire 1456 Spencer T.Malysiak <br /> Folsom•CA•95630 email:spencer@malysiaklaw.com <br /> Phone:916-985-4400 <br /> Fax:916-985-0100 <br /> Erik P.Larson <br /> email:erik@malysiaklaw.com <br /> Amber R.Hottes <br /> email:amber@malysiaklaw.com <br /> File No. 9899.157 <br /> May 12, 2006 <br /> CERTIFIED MAIL RETURN RECEIPT <br /> California Regional Water Quality Control Board <br /> Central Valley Region <br /> 11020 Sun Center Drive, #200 <br /> Rancho Cordova, CA 95670-6114 <br /> Atha: James L.L. Barton, P.G. <br /> Dear Mr. Barton: <br /> On April 17, 2006, you sent a letter to Gil and Eileen Moore stating that the Central <br /> Valley Regional Water Quality Control Board ("Board") is considering closure of LUST Case <br /> No. 390782 for the unauthorized release of petroleum hydrocarbons at 6421 Capitol Avenue, <br /> Lodi California ("Subject Property"). The purpose of this letter is to inform you that Gil and <br /> Eileen Moore respectfully object the closure of the case at this time for the following reasons: <br /> 1. As stated in your April 17, 2006 letter, in 1995, when the five underground storage <br /> tanks were removed, gasoline was observed in the soil and shallow groundwater beneath the <br /> Subject Property. It is Mr. and Mrs. Moore's belief that all petroleum hydrocm-bon <br /> contamination detected at the Subject Property was due to unauthorized releases that occurred <br /> solely at the Subject Property. <br /> 2. Most environmental consultants agree that petroleum hydrocarbons can remain in the <br /> soil for many years, and sometimes decades, under natural conditions. Also, the petroleum <br /> hydrocarbons that are sorbed to the soil would be gradually released and then dissolved into the <br /> groundwater. As a result, the dissolved groundwater hydrocarbons will persist in the <br /> groundwater for an extended period of time, even if the groundwater is subject to pump and treat. <br /> According to paragraph 3.0 in the Fact Sheet for the Subject Property, the only form of <br /> corrective (remedial) action taken for the contamination was pump and treat, and there was no <br /> soil vapor extraction or other method utilized to remove the contamination from the vadose zone. <br /> Even though the USTs were removed in 1995 and contaminated soil was discovered at that time, <br /> the pump and treat remediation efforts were not begun until November, 2000. (12.0 and 13.0 of <br /> 5-12-06 Barton Itr 1 <br />