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STATE OF CALIFORNIA—HEALTH AND WELFARE AGENCY GEORGE DEUKMEJIAN, Gomrwr <br /> DEPARTMENT OF HEALTH SERVICES 'aza: -RN <br /> TOXIC SUBSTANCES CONTROL DIVISION j <br /> NORTHERN CALIFORNIA SECTION �d <br /> 4250 POWER INN ROAD I <br /> SACRAMENTO,CA 95826 J <br /> (916)739-3145 <br /> ENVIROMENTAL HEALTH <br /> June 10, 1987 F ERMI T/SERVICES <br /> Keith Takata, Chief <br /> Superfund Programs Branch <br /> U.S. Environmental Protection Agency <br /> Region IX <br /> 215 Fremont Street <br /> San Francisco, CA 94105 <br /> Dear Mata: / <br /> MARLEY COOLING TOWER COMPANY (MCTC) <br /> I am referring the MCTC site to your agency for lead in Superfund <br /> mitigation activities. <br /> MCTC is currently a state-lead Superfund site, by virtue of a <br /> 1984 enforcement settlement agreement (copy enclosed) between the <br /> company, the Department and the Regional Board. We are referring <br /> the site to you because the settlement agreement does not provide <br /> us with the capability to require MCTC to implement major changes <br /> in the site mitigation process mandated by new laws and <br /> regulations since 1984 . This referral is in keeping with our <br /> understanding regarding division of workload among the regulatory <br /> agencies, in that EPA is an appropriate choice for lead agency on <br /> an NPL site where both the Department and the Board are also <br /> involved. <br /> MCTC has also been working towards RCRA closure of a surface <br /> impoundment which it has continued to operate in technical <br /> violation of the 1984 RCRA amendments. My staff have been <br /> coordinating the closure with EPA' s Waste Programs Branch, with <br /> the objective of achieving an interim closure that will comply <br /> with RCRA and Toxic Pits Cleanup Act requirements while not <br /> conflicting with site mitigation activities. <br /> The Department intends to maintain an active role in reviewing <br /> MCTCIs progress and requests the opportunity to participate in <br /> any consent decree negotiation in accordance with Section 121 of <br /> SARA. My staff is available to assist your agency in modifying <br /> the existing settlement agreement or incorporating it into a <br /> consent decree. We will be sending MCTC a letter confirming our <br /> referral of Superfund lead to you, and by copy of this letter are <br /> so notifying the Regional Board and San Joaquin County. <br />