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r • <br /> 1.4 Purpose. The purpose of this Agreement is for the Proponents to conduct a <br /> Health Risk Assessment and carry out appropriate public participation activities under the <br /> oversight of, and subject to approval by, DTSC and for DTSC to review and comment on <br /> the site characterization and other remedial actions and closure activities performed by <br /> Proponents under the primary oversight of the California Regional Water Quality Control <br /> Board, Central Valley Region (RWQCB). Proponents previously entered into a separate <br /> Oversight Cost Reimbursement Agreement with the RWQCB under which Proponents are <br /> conducting characterization and other remedial actions and closure activities at the Site, <br /> with the RWQCB functioning as the lead oversight agency. The purpose of this Agreement <br /> is also for DTSC to obtain reimbursement from the Proponents for DTSC's oversight costs. <br /> DTSC will work in conjunction with the RWQCB. <br /> II. BACKGROUND <br /> 2.1 Ownershiii. The Site is owned by New Delta Gateway Partners, c/o Rudy <br /> Bilawski, Esq., Neumiller & Beardslee, 509 W. Weber Avenue, 5'" Floor, Stockton, <br /> California 95203. <br /> 2.2 Substances Found at the Site. Laboratory Reports included in the Sampling <br /> Report contain the results of soil sampling conducted at the Site on November 17, 2000. <br /> These reports indicate that portions of the soil are contaminated with hazardous <br /> constituents, including: lead as high as 294 milligrams per kilogram (mg/kg); total <br /> petroleum hydrocarbons (as motor oil) as high as 1,600 mg/kg; ethylbenzene as high as <br /> 23 mg/kg; 1,2,4-trimethylbenzene as high as 140 mg/kg; 1,3,5-trimethylbenzene as high <br /> as 42 mg/kg; o-xylene as high as 37 mg/kg; (m&p)-xylenes as high as 120 mg/kg; and, 2- <br /> methyl naphthalene as high as 2.1 mg/kg. <br /> 2.3 Physical Description. The Site is occupied by an apartment complex consisting <br /> of the following: approximately 200 apartments constructed as two-story buildings; paved <br /> drive ways; covered and uncovered parking areas; unpaved common areas between <br /> apartment buildings; and a series of ponds/canals in some of the common areas between <br /> apartment buildings. The Mormon Slough borders the property on the west and south, <br /> West Weber Avenue borders the property on the north, and vacant land borders the <br /> property on the east. <br /> 2.4 Site History. According to Chains of Title and lease agreements the following <br /> companies have historically either owned or leased various portions of the Site: Standard <br /> Oil Company; Tidewater Oil Company; Phillips Petroleum Company; E.D. Wilkinson Grain <br /> Company; Chevron USA Incorporated; Associated Oil Company; Lion Oil Company a <br /> subsidiary of Tosco Corporation; L&M Petroleum Company; City of Stockton, <br /> Redevelopment Agency; and the New Delta Gateway Partners. Portions of the Site were <br /> used for bulk storage and distribution of petroleum products. Bulk storage of the petroleum <br /> products was accomplished by the use of above ground and underground tanks and their <br /> associated appurtenances. According to plot diagrams there appears to have been <br /> underground piping which connected the Site to the Stockton Channel docks. <br /> 2 <br />