SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

Dolly Madison/Langendorf B �ry - 2 - 24 April 2008 1426 S. Lincoln St., Stockton../ Comments: My 4 April 2008 letter stated in part "...In Stratus' 25 March 2008 letter, they requested an extension to the 1 May 2008 deadline, however they failed to request a specific alternative deadline. Please submit both an anticipated new deadline and provide your supporting justification, by 23 April 2008, for said new deadline for our evaluation of reasonableness. You and your consultant, Stratus, have previously been informed that any changes to the existing CAO, whose established deadlines were reviewed by all Responsible Parties with a reasonable comment period allowed prior to issuance, would result in the preparation of a new CAO, which is time and staff resource consuming. Further, you and Stratus were also informed that if you continue all required activities in a timely, cooperative manner, and that any delays that are encountered cannot be shown to be a direct result of recalcitrant, unreasonable, or negligent actions by yourself or your consultant, Regional Board staff will not recommend enforcement actions. As such, I recommend that you make every reasonable effort to complete all required tasks in a timely manner, and continue to keep Regional Board staff updated as to your progress with each required CAO action." The schedule proposed in the Letter seems reasonable with one exception. The submittal of the PAR by 10 October 2008 is not reasonable, in that adequate data has been collected to submit a PAR and the PAR delay will affect the schedules for other required actions of the CAO. Additional investigations are often required to further define the extent of contamination after a PAR is submitted. Moreover, full delineation of extent of contamination is not a requirement to submit a PAR, per the Regional Board staff guidance (Appendix A) that was included with the CAO package. Regional Board staff will not recommend enforcement if the PAR is submitted by 30 June 2008, which should not cause delays to the remaining required actions in the CAO, namely the submittal of the Final Remediation Plan (FRP), due 1 November 2008; the first monthly remediation status report and the implementation of the approved remedial action, both are due 1 February 2009; and current/subsequent monitoring/status reports. I request that a monthly compliance report, due the last day of each month, be sent by email to me at the email address below. The compliance report will provide a brief summary of the progress towards compliance with the CAO, and provide advance warning of anticipated delays as problems arise. If necessary, a dialogue with Regional Board staff will follow to resolve the problem(s) so that compliance with the CAO can be achieved. Your, all parties named above, and Stratus' acknowledgement of receipt of this letter is requested by 30 April 2008. Please contact me at (916) 464-4615, or I can be reached by e ail at jbarton waterboards.ca.gov. AMES L. L. BARTON, P.G. Engineering Geologist