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{ Page I of 3 <br /> Mike Infurna [EH] <br /> From: Mike Infurna [EH] <br /> Sent: Friday, January 28, 2011 3:23 PM <br /> To: 'Ascher, David' <br /> Subject: RE: Subsurface investigation <br /> Mr. Ascher, <br /> just got off the phone with your attorney, "Robin Strafford" (excuse me if misspelled). <br /> She was very helpful at explaining the players in this investigative phase. <br /> When I first emailed you, I was trying to establish who my 'responsible party' is for this THIRD <br /> phase of work at your site. I need to know this to ensure the payment of my County's fees <br /> (any bill sent after the work) and who it is that could release the report of findings to the EHD <br /> when this phase is over. (I am required to review the report and act upon referring it if the <br /> findings indicate significant contamination is present and additional investigation could be <br /> required by another regulatory agency with authority to oversight, such as the Regional Water <br /> Quality Control Board or the State Department of Toxic Substance Control. <br /> see now that Newark is granting a former leasee, Dopaco Inc, access to 800 W. Church <br /> Street to collect soil, groundwater, and soil vapor samples under a boring permit the EHD has <br /> authority over and is NOT the responsible party for this phase. <br /> Of all the items, documents, and pre-pay fees that are required for a permit to be issued, only <br /> three remain. <br /> 1- Newark-Dopaco signed access agreement, <br /> 2- a revised work plan (the consultant for Dopaco is working on this), and <br /> 3- a signed EHD "Master File Record-MFR" from the entity with authority to release the full <br /> report that includes data, discussion, and California Registered Professional signature. <br /> It is my understanding now that Newark's extent of involvement with my concerns is only <br /> limited to #1 above. <br /> please correct me if I'm mistaken. <br /> no need to respond to me if Newark has signed the access agreement and forwarded it to <br /> Dopaco. I will be requesting the fully executed document from them as a requirement for <br /> permit issuance. <br /> thank you, <br /> Michael Infurna, Senior REHS <br /> (SJC) EHD. <br /> Stockton, CA. 95202 <br /> (209) 468-3454 <br /> From: Ascher, David [mai Ito:DAscher@TNGUS.com] <br /> 1/'I1/?()11 <br />