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STAifOF CALIPORNIA—ENVIRONMENTAL PROTE41AGENCY • PETE WILSON,Gommor <br /> DEPARTMENT OF TOXIC SUBSTANCES CONTROL <br /> 10151 CROYDON WAY,SUITE 3 <br /> SACRAMENTO,CA 95827-2106 <br /> November 20, 1991 <br /> "ECENL <br /> Mr. Thomas Kroehle N0� 2 2 tnn' <br /> The Marley Cooling Tower Company <br /> 5800 Foxridge Road ENVIRONMENTAL HEALTH <br /> P.O. Box 2912 PERMIT/JLI\�Iv-J <br /> Mission, Kansas 66201 <br /> Dear Mr. Kroehle: <br /> NOTICE OF PROPOSED DETERMINATION OF NON-COMPLIANCE <br /> The following is in response to your letter dated October 7, <br /> 1991, regarding the Department of Toxic Substances Control's <br /> (Department's) denial to extend the schedule for construction of <br /> the ground water collection system (Ref. the Department's <br /> September 19, 1991, letter to Mr. David W. Bates) . <br /> On March 1, 1988, The Department issued a Remedial Action <br /> Order (RAO) to The Marley Cooling Tower Company (MCTC) . The RAO <br /> was to supplement the December 1984 Settlement Agreement (SA) <br /> between MCTC, the Department, and the Regional Water Quality <br /> Control Board. A Remedial Action Plan (RAP) , outlining <br /> corrective actions, was subsequently issued by the Department on <br /> June 29, 1990. <br /> As of November 20, 1991, our records indicate that you have <br /> not completed the required actions specified in the June 29, 1990 <br /> RAP. Therefore, under the provisions of the Health and Safety <br /> Code Section 25355. 5 (a) (2) , we are providing you with this <br /> written notice that the Department of Toxic Substances Control <br /> intends to determine you to be out of compliance with the terms <br /> of the RAO. <br /> However, as you have indicated, the delays are not from <br /> MCTC's lack of effort, but from unforeseen problems, system <br /> modifications, and technical complications. In view of this, the <br /> Department will reserve issuance of a final determination of non- <br /> compliance, provided MCTC completes construction of the ground <br /> water extraction system by December 30, 1991. Upon successful <br /> completion of the ground water extraction system, the Department <br /> will withdraw this Notice. <br /> If, on the other hand, you believe the RAO and SA should be <br /> modified, you may submit an explanation of your position to the <br /> Department and Regional Water Quality Control Board (Board) , in <br /> writing, within ten (10) calendar days from the date of this <br /> letter. This explanation should include your reasons for the <br /> modifications as well as a thorough description of the actual <br />