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r Mr, William H. Crooks N­4 %./ <br /> 'November 12, 1996 <br /> Page.2 <br /> investigated, and performed>remediation of, petroleum hydrocarbon conon the <br /> site, The FDIChassued a;number ofpotentially responsible parties, including the serce <br /> 9400 operators.identified above„to recover its investigation and remediation.costs, The <br /> Mc sold the property to api vote individual in late 1993,having first drso sed the <br /> existence 0f contamination, and then Agreeing to a purchase price reduction as a result. <br /> Tn late 1"995 a number of parties to the litigation(which include past and <br /> resent o erators.of the <br /> p �' gasolii. ne station across the street, discussed,below) expressed.;strong <br /> interest in settling the litigation. However, the uncertainty regarding the extent and cast of <br /> any future investigation and remedial work which the Lead Agency might;r+egpire prevented <br /> a settlement from occurring. In January 1990, several parties met,with the Lead Agency:to <br /> discuss the:;site.. The:Lead Agency stated that it would not require removal of petroleum <br /> hydrocarbons from the shallow(50-55°) groundwater layer beneath the site,since that same <br /> groundwater contains far more serious solvent contamination which is being addressed: <br /> separately by the Department of Toxic Substances Control as part of the regional Lodi <br /> solvent plume situation. The Lead Agency also stated that it would consider closing the site <br /> without requiring any further action;pursuant to the Lawrence Livermore report and <br /> recommendations (October 1995) and the resulting State Water Resources Control Board <br /> interim guidance(December;1995), and consistent with the Central Valley RWQCB <br /> underground tante site closure procedures. <br /> Based on this meeting with the Lead Agency the litigants reached a tentative <br /> settlement, which was contingent on obtaining site closure. As part of the settlement, Texaco <br /> agreed to take the lead on behalf of the many settling parties in seeking closure from the <br /> Lead:Agency. Accordingly, the federal court stayed the litigation for 150 days to allow the <br /> closure process to proceed. Texaco submitted a closure request to the Lead Agency in May <br /> 1990,and subnntted a Closure Plan in August, which plan was formatted per Append x;B <br /> ("Requests for C sure.." of the Thr Regional Board Staff Reconunenda#ions for Preliminary <br /> Invesd.g;a an valuatic ri..of UST sites. On September 16 weprovided.the Lead Agency <br /> wxtlt additional information m response to its request; On September 19 the Lead Agency <br /> determiridd that all appropriiate respcinse actions had been taken, and that no further <br /> investigation, remedial`action::or monitoring is required. It then scheduled th+e matter for a. <br /> TR:P hearing on 00ober 24... As noted above, the TRC evaluated all,of thel voluminous <br /> technicat:ev dente, and vow:to close the site. <br />