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• • Department of toxic Substances Control Maureen F. Gorsen, Director Alan C.Lloyd,Ph.D. 8800 Cal Center Drive Arnold Schwarzeregger Agency Secretary Sacramento, California 95826-3200 Governor Cai/EPA April 4, 2006 Mr. Ellis Cecchini 6 Northridge Court Antioch, California 94509 Dear Mr. Cecchini: Thank you for your March 20, 2006 response letter regarding your additional concerns and comments that need to be resolved prior to finalization of a Voluntary Cleanup Agreement (VCA) for remediation of the Cherokee Truck Stop (Project) located at 3535 East Cherokee Road in Stockton, California. It's unfortunate we have not been able to finalize the 2002 draft VCA on a suitable schedule. The VCA is required for the Department of Toxic Substances Control (DISC) to provide regulatory oversight service to you on your project. At your request, my staff Mr. Duane White has arranged a meeting with you on April 4, 2006 for us to discuss your VCA concerns and comments regarding the scope of work, schedule, and cost. As summarized in our recent February 20, 2006 letter to you, more than three years had passed from the time DTSC had forwarded to you a draft VCA for your signature to the first response we received from you in August 2005. Your August 2005 response letter included proposed changes to the original VCA terms. DTSC was not in agreement with these proposed changes. Mr. Duane White intended to discuss these changes with you, but unfortunately was not able to reach you by phone over several months and subsequently responded via the February 20, 2006 correspondence to explain to you the status of the VCA, to provide you a response to your comments and to provided you an updated draft VCA for your review and concurrence. The draft VCA has been updated to incorporate personnel charge rates, requirements, and a schedule that all have changed over the three year period since the original draft VCA was sent to you. I understand you have budgeted and planned for this project based on terms identified in the 2002 draft VCA and you have strong concerns regarding the updated rates, requirements, and schedule. Although we cannot reduce personnel charge rates, we may be able to adjust the scope of work and schedule to reach amicable terms. Mr. Duane White and I look forward to meeting with you on April 4, at 10:00 am, at the DTSC office address listed on this letterhead, to discuss your project and work toward finalizing the VCA for DTSC to provide regulatory oversight of your project. 9 Printed on Recycled Paper