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PUBLIC HEALTH SERVICES LA!N.. <br /> SAN JOAQUIN COUNTY �: J <br /> ENVIRONMENTAL HEALTH DIVISION �^ < <br /> M.P.H. Acting Health Officer <br /> Ernest M. Fujimoto, M.D., <br /> 445 N. San Joaquin Street • P. O. Box 388 • Stockton, CA 95201-0388 <br /> C4�iFijR�\P <br /> 209/468-3420 I� <br /> ATTN MARYROSE PETRIZZO <br /> PEP BOYS MANNY MOE and JACK <br /> 3111 W ALLEGHENY AVE ;AY 2 �. 199,� <br /> PHILADELPHIA PA 19132 <br /> h <br /> RE: Pep Boys SITE CODE: 39841 <br /> 845 E Charter Way <br /> Stockton CA <br /> San Joaquin County Public Health Services, Environmental He th Division (PHS/EHD) has determined that a <br /> petroleum hydrocarbon contaminated groundwater plume exists beneath the above referenced site. Evidence for <br /> the existence of this plume is documented in quarterly groundwater monitoring reports submitted to this agency by <br /> the responsible party of a neighboring site which had an unauthorized release of petroleum hydrocarbons from an <br /> underground storage tank. The neighboring site is located adjacent to and upgradient of your site. In additions <br /> wells with low levels of contamination exist downgradient of your site which indicate that the plume extends the <br /> entire length of your site. California state law requires the remediation of this plume. I <br /> During the April 26, 1995 telephone conversation with PHS/EHD staff, you were informed of the investigation at <br /> the neighboring site and that this agency directed the responsible party at the neighboring site to investigate the <br /> extent of the plume beneath your property. You were informed that under current California law, costs incurred <br /> during the investigation and remediation of contamination from underground petroleum fuel storage tanks, including <br /> costs associated with oversight by PHS/EHD, are reimbursable to the responsible party by the Underground Storage <br /> Tank Cleanup Fund Program. ` <br /> Two of the conditions of reimbursement are that the responsible party is a California resident and that the <br /> responsible party had title to the property when the contamination was discovered. When contamination migrates <br /> off of the initial site the responsible party for the initial site is eligible for reimbursement for offsite activities. :r <br /> M <br /> PHS/EHD has received a copy of the April 28, 1995 fax sent by you to Mr. Cussen, the consultant for the <br /> responsible party of the neighboring site, which states that you do not permit any outside companies to perforr i <br /> investigations on your property. Since you have indicated that you want to be responsible for the cleanup, you have <br /> been identified as the responsible party for the contamination beneath your site. Under the California Code of <br /> Regulations (CCR) Title 23, Chapter 16, Article 11, Section 2726 a 'Responsible Party" is any owner of property <br /> where an unauthorized release of a hazardous substance from an underground storage tank has occurred. <br /> Your site has been placed in the Local Oversight Program(LOP). This means that PHS/EHD will provide oversight <br /> for remediation of the contamination at your site. Since you are not a California resident you are not eligible for <br /> reimbursement from the Underground Storage Tank Cleanup :Fund Program. Had you agreed to allow the <br /> investigation on your site, as part of the cleanup by the initial responsible party of the neighboring site, you would <br /> not have been named as a responsible party and you would have been able to avoid the cleanup costs associated wits <br /> your site. <br /> In summary, you have been notified of the plume beneath your site, you have been identified as the responsible <br /> party and your site has been placed in LOP. You will be billed for oversight services provided by PHS/EHD <br /> through the State(of California)Water Resources Control Board(SWRCB). You are not eligible for reimbursement <br /> of costs associated with the cleanup. <br /> I� <br /> i <br /> A Division of San.Joaquin County Health Care Services <br />