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Fund Manager N`•� `•� <br /> State Water Resources Control Board <br /> July 27, 2012 <br /> Page 2 <br /> from all monitoring wells to evaluate site conditions for potential closure (AGE invoices <br /> # 19429 and 19428). <br /> • A letter dated August 18, 2011, from the USTCF documented a "five-year review" of site <br /> conditions and recommended consideration of site closure. <br /> • In a letter dated September 30, 2011, the SJCEHD recounted the letter from the USTCF <br /> "five-year review" of site conditions and recommendation. <br /> • On December 20, 2011, the Cecchinis submitted a reimbursement request (RR #24) for <br /> work which was directed by the San Joaquin County Environmental Health (SJCEHD) <br /> and considered eligible based on the RS/IRA budget category. <br /> • On March 21, 2012, the USTCF returned the payment summary for RR #24 and placed <br /> the aforementioned costs in the ineligible category. The USTCF refused to recognize the <br /> February 14, 2012 letter approving the change of category and providing additional <br /> budget costs. <br /> • In a letter dated March 23, 2012, the SJCEHD approved and directed full-scale <br /> remediation at the site; final approval was issued by EHD letter dated May 29, 2012. <br /> The SJCEHD has directed active site remediation; the Cecchinis are prepared to implement <br /> full-scale remediation, perform several full-scale remediation utilizing high vacuum soil vapor <br /> extraction (HVSVE) to mitigate impacted soil contamination threatening local domestic, potable <br /> ground water. For the fiscal year 2012/2013 the USTCF budget category was returned to site <br /> closure and allotted no funds for remediation nor other directed tasks by the SJCEHD. <br /> It appears that the USTCF has prepared conflicting letters and approvals to the Cecchinis. <br /> The Cecchinis should not be denied reimbursement as a result of administrative errors caused by <br /> the USTCF. The work completed and submitted in RR #24 was done so with the understanding <br /> that reimbursement would be provided. <br /> In addition to costs submitted with RR #24, other charges have been incurred while <br /> responding to SJCEHD directives and approvals. These costs include preparation and approval <br /> of Final Remediation Work Plan dated March 30, 2012 (approved by the EHD following public <br /> participation review), soil boring permits and remediation discharge permit. <br /> This letter should serve a formal written request for USTCF to recognize and uphold the <br /> February 14, 2012 budget category change to RS/IRA. Furthermore, regardless of a re- <br /> affirmation of the February 14, 2012 letter, costs incurred in accordance with SJCHED directives <br /> and submitted to the USTCF in RR #24 as well as all additional costs incurred as a result of <br /> SJCEHD directives should be reimbursed forthwith. <br />