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August 18, 1987 <br /> AGENDA ITF'l 7 <br /> REQUEST <br /> CONSIDERATION OF CONTAMINATED SOIL DISPOSAL <br /> DISCUSSION <br /> The Renown site at Tracy Boulevard and Beechnut Avenue , <br /> zoned for Medium Density Residential , was previously a <br /> pumping station owned by Getty Oil . The site was <br /> abandoned thirty years ago and has since then been <br /> vacant. Texaco is the successor in interest of Getty <br /> Oil . In 1985 , during preliminary grading of the site <br /> in preparation for townhouses, oily soil was observed <br /> and the regulatory agencies were notified of the <br /> potential contamination. <br /> The Health and Safety Code provides the legal <br /> foundation for site responsibility, characterization, <br /> and mitigation. The Code identifies the current owner <br /> and successors in interest as the responsible parties . <br /> In this case the parties are Renown and Texaco. <br /> The regulatory agencies are the San Joaquin Local <br /> Health District ( LHD) , Regional Water Quality Control <br /> Board (RWQCB ) , and Department of Health Services (DHS ) . <br /> DHS is the lead agency and the others , except in their <br /> particular area of concern, are subordinate to the <br /> Department. <br /> The City has no responsibility under the Government <br /> Code and is pre-empted by the regulatory agencies in <br /> this area. DHS has indicated the most judicious use of <br /> our local authority would be to direct Renown and <br /> Texaco to them and suggest they expedite mitigation. <br /> How ever the site is mitigated in the interim, DHS will <br /> eventually review its adequacy and may require further <br /> characterization and mitigation if the results are not <br /> satisfactory. <br /> Renown and Texaco are responsible for site character - <br /> ization and the development of a mitigation plan under <br /> the administration of DHS . This process was initiated <br /> by the LHD. Despite the initiation by the LHD, DHS is <br /> the lead agency and has overview of the site . DHS has <br /> indicated that the rapidity of the process depends upon <br /> funding. Funding can be provided by either Renown and <br /> Texaco or through bonds with recovery actions against <br /> Renown and Texaco. The process would move much faster <br /> and be less costly if Renown and Texaco would fund it <br /> directly. <br />