SITE INFORMATION AND CORRESPONDENCE_FILE 1

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L FILE COPY Unocal/Tosco has failed to comply with the second and third directives listed above. As required in correspondence from PHS/EHD dated July 24, 1997, "We (PHS/EHD) request that you monitor the groundwater contaminant plumes on a quarterly basis. Additional wells will be required to define the down gradient extent of the plume if it continues to migrate. Please discuss the results of your plume monitoring in your Quarterly Reports. In the event continued plume migration is identified, please include recommendations for the installation of additional wells in the Quarterly Reports requested below." Again Unocal/Tosco has failed to comply with directives issued by PHS/EHD. Cone penetration testing alone as proposed cannot provide cost effective long term monitoring data collection points, therefore, PHS/EHD requests that the responsible party install additional monitor wells immediately to more accurately evaluate the migration of this groundwater plume. In ERI correspondence to PHS/EHD dated December 9, 1998 Unocal/Tosco suggests that they are not currently able to reach an agreement for access with the owner/operator of the parcel referred to as the In- n-Out Burger parcel directly west of the subject site. It is the recommendation of PHS/EHD that the responsible party attempt to gain access to the perimeter of the In-n-Out Burger parcel through encroachment areas, or on surrounding parcels until access to the In-n-Out parcel is achieved. The responsible party must gain appropriate written access to place boreholes and wells on any lands in this county. In the event access to In-n-Out Burger or the alternative locations cannot be obtained, all other work as described in the approved Workplan addendum must occur in accordance with this directive letter. In summary, the responsible party at this site has failed to comply with the directives issued by this regulatory agency on several occasions. PHS/EHD now directs the responsible party to implement the previously approved workplan immediately. The responsible party must complete the previously approved scope of work by March 2, 1999 5:00pm. Failure to comply with this final directive will result in referral to the San Joaquin County District Attorneys Office, Environmental Prosecution Unit. In addition PHS/EHD is providing this notice to the Underground Storage Tank Cleanup Fund (USTCF) as documentation that Unocal/Tosco is not Irl compliance with PHS/EHD directives jeopardizing your ability to be reimbursed for your corrective action costs. We request that all required work be performed in a prompt and timely manner under the direct supervision (witnessed) of PHS/EHD staff. Should you have questions regarding this correspondence please contact Ron Rowe at(209)468-0342. Donna Heran,REHS,Director Environmental Health Division Ronald Rowe, Sr. REHS Margaret agono,Supervisor Site Mitigation Unit Site Mitigation Unit CC: District Attorneys Office-David Irey C: SWRCB/USTCF-Sandy Gill 1176entz.doc