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Ron Rowe <br /> Registered Environmental Specialist <br /> February 2, 2000 <br /> Page 7 <br /> guidance document issued by the State Water Resources Control Board("SWRCB Guidance") <br /> on January 25, 1994. The SWRCB Guidance provides a framework for interpreting the <br /> regulations and Resolution 92-49. Parmaceast does not fall within the category of responsible <br /> parties under the regulations, Resolution 98-49 or the SWRCB Guidance. To begin with, there is <br /> not one scintilla of evidence establishing that a release occurred prior to the sale of the Property; <br /> indeed, the evidence suggests that any release occurred after 1976. Even if there was a release <br /> before Parmaceast sold the Property to Calpack the gas station was build out, operated and <br /> owned by Urich. <br /> 23 CCR Section 2720. <br /> 7 Under State Water Resources Control Board Resolution 92-49, the Regional Board must follow <br /> certain procedures in determining whether a person is required to investigate a discharge under <br /> California Water Code. The Regional Water Quality Control Board("RWQCB") may look at <br /> any relevant evidence in the following categories: <br /> 1. Documentation of historical or current activities, waste characteristics, chemical use, <br /> storage or disposal information, as documented by public records, responses to <br /> questionnaires, or other sources of information; <br /> 2. Site characteristics and location in relation to other potential sources of a discharge; <br /> 3. Hydrologic and hydrogeologic information, such as differences in upgradient and <br /> downgradient water quality; <br /> 4. Industry-wide operational practices that historically have led to discharges, such as <br /> leakage of pollutants from wastewater collection and conveyance systems, sumps, <br /> storage tanks, landfills, and clarifiers; <br /> 5. Evidence of poor management of materials or wastes, such as improper storage <br /> practices or inability to reconcile inventories; <br /> 6. Lack of documentation of responsible management of materials or wastes, such as <br /> lack of manifests or lack of documentation of proper disposal; <br /> 7. Physical evidence, such as analytical data, soil or pavement staining, distressed <br /> vegetation, or unusual odor or appearance; <br /> 8. Reports and complaints; <br /> 9. Other agencies' records of possible or known discharge; and <br /> 10. Refusal or failure to respond to Regional Water Board inquiries. <br /> Resolution No. 92-94 as amended 1996. <br /> 761773.3 <br />