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Department of Toxic Substances Control <br /> Maziar Movassaghi <br /> Acting Director <br /> Linda S.Adams 8800 Cal Center Drive Arnold Schwarzenegger <br /> Secretary for Sacramento, California 95826-3200 Governor <br /> Environmental Protection <br /> July 6, 2009 <br /> Mr. James B. Gordon, Trustee Certified Mail: 7003 1680 0004 3024 4916 <br /> 2414 Telegraph Avenue, #600 <br /> Berkeley, California 94704 <br /> NOTICE OF FINAL DETERMINATION OF NON-COMPLIANCE WITH THE IMMINENT <br /> AND SUBSTANTIAL ENDANGERMENT ORDER (I&SED) 07/08-005, (ORDER) GORDON <br /> RESEARCH COMPANY (SITE), 1085 SOUTH UNION ROAD, MANTECA, CALIFORNIA <br /> Dear Mr. Gordon: <br /> As you know on March 13, 2009, Ms. Mia Brown of Neumiller & Beardslee notified <br /> Department of Toxic Substances Control (DISC) on behalf of the Survivors Trust of the <br /> Lawrence W. Gordon and the Bernice K. Gordon Revocable Trust ("Respondents") that <br /> continued compliance with the Order by the Respondents would not continue due to <br /> financial constraints. DTSC staff advised Ms. Brown that failure to comply could result in the <br /> Respondents being found in non-compliance with the Order. <br /> As of June 8, 2009, our records indicate you have not notified DTSC staff of any change in <br /> your intention to comply with the Order, requested a modification to the Order, or taken the <br /> required action in a timely manner. Although some tasks on the Order were completed <br /> within prescribed schedule, Respondents failed to complete section 5.4.3 transport and <br /> dispose of all hazardous and non-hazardous materials from the Site within the schedule of <br /> section 6.24 of the Order. <br /> Therefore, DTSC DETEMINES THAT THE RESPONDENTS ARE NOT IN COMPLIANCE <br /> WITH REMEDIAL ACTION ORDER 07/08-005. Having so determined, DTSC will seek cost <br /> recovery for all costs incurred, including administrative costs. <br /> If you have any questions about this letter, please contact Mr. McKinley Lewis, Jr. at <br /> (916) 255-3625. <br /> Sincerel <br /> RI and <br /> Supervising Hazardous Substances Engineer <br /> Brownfields and Environmental Restoration Program <br /> cc: See next page. <br /> Printed on Recycled Paper <br />