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JOHN PHILLIPS DISTRICT ATTORNEY San Joaquin County January 15, 2004 Ms. Patricia Bonnifeld Ladd's Stockton Marina, Inc. 4911 Buckley Cove Way Stockton, Ca 95219 Office of the District Attorney San Joaquin County Courthouse, Rm. 202 222 E. Weber Ave., Stockton, California 95202 P.O. Box 990, Stockton, California 95201 Telephone: (209) 468-2400 FAX: (209) 465-0371 COPY 11FRI F C E � W E ID JAN 16 2004 ENVIRONMENT HEALTH Re: Sandblast debris and sampling at 4911 Buckley Cove Way, Stockton PERMIT/SERVICES Dear Ms. Bonnifeld: I have received information from Kasey Foley of the San Joaquin County Environmental Health Department that she received a letter from you on December 26, 2003 regarding sandblasting operations at the 4911 Buckley Cove Way facility. It is my understanding that you stated in your letter "(a)s indicated by the attached correspondence there is not now a problem nor was there a problem at the onset of your investigation." A review of the correspondence which was attached to the letter indicates that the samples obtained by the Environmental Health Department on May 12, 2003 were hazardous waste in California (non-RCRA hazardous waste). Thus, your statement that there was not a problem at the onset of the investigation and there is not a potential ongoing problem is not accurate. Additionally, you stated in your letter that all of your future sandblast waste would be handled at a Class III disposal site. It has been shown that the sandblast waste is hazardous waste under the laws of the State of California. To dispose of this material in a Class III landfill would be a violation of California Health and Safety Code section 25189.5(b), potentially a felony. Further, any agent who transported the waste material would be in violation of Health and Safety Code section 25189.5(c). I am also informed that the statement in your letter that the Department of Toxic Substances Control (DTSC) and Department of Fish and Game have expressed no interest in this situation is not accurate. Ms Foley has spoken with Mr. Ed Cargile of DTSC who stated that he spoke with you and that his conversation with you detailed exactly what the criteria are for him to review the work at your site. It is my understanding that you informed Mr. Cargile that you could not afford to proceed in that fashion. I am told that Mr. Cargile suggested that you contact the county and attempt to work out an understanding which would allow you to perform the necessary work.