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• DEPARTMENT OF THE NAVY <br /> OFFICE OF THE GENERAL COUNSEL <br /> _ ENGINEERING FIELD ACTIVITY, WEST <br /> NAVAL FACILITIES ENGINEERING COMMAND <br /> 900 COMMODORE DRIVE <br /> SAN BRUNO, CALIFORNIA 94066-2402 IN REPLY REFER To: <br /> April 3 , 1995 <br /> Hand Delivered <br /> Diane M. Hinson, REHS RECEIVED <br /> San Joaquin County Public Health Services App p 3 1955 <br /> Site Mitigation Unit <br /> 445 N. San Joaquin Street ENVIRONMENTAL HEALTH <br /> Stockton, CA 95201-0388 PERMIT/SERVICES <br /> Re : Naval Communication Station Stockton <br /> Rough & Ready Island <br /> Dear Ms . Hinson: <br /> This letter provides additional information to clarify the <br /> notification San Joaquin County received from Ms . Lang Huey <br /> regarding the Navy' s application for permits and payment of related <br /> fees for remedial investigation activities at the above-referenced <br /> site. In response to the notification from Ms . Huey, your letter of <br /> March 9, 1995 expressed the County' s concern about Navy contractors <br /> proceeding with environmental response activities without having <br /> permits issued by the County. <br /> The Navy has an obligation to implement remedial investigation <br /> and response activities at Naval Communication Stockton under the <br /> Department of Defense' s (DoD) Environmental Restoration Program <br /> (DERP) pursuant to 10 U. S .C. Section 2701 . By statute, the DERP <br /> remedial investigation activities must be carried out subject to, <br /> and in a manner consistent with, the Comprehensive Environmental <br /> Response, Compensation and Liability Act (CERCLA) , 42 U. S . C. 9601 et <br /> seq. , as amended by the Superfund Amendments and Reauthorization Act <br /> of 1986 (SARA) . CERCLA response actions are exempted by federal law <br /> from the requirement to obtain Federal, State or local permits <br /> related to any activities conducted entirely on site . See, 42 <br /> U. S . C. §9621 (e) . <br /> As described above, the legal framework of DERP and CERCLA is the <br /> basis for Ms . Huey' s statement to the County that the Navy is exempt <br /> from permits and permit related fees that might otherwise be sought <br /> by the County for activities associated with investigation in <br /> support of removal or remedial actions, including installation of <br /> monitoring wells . <br /> It is not clear whether the County' s effort devoted to field <br /> inspections or other County "oversight" activities can be addressed <br /> as a distinct matter unrelated to permit processing. Under DOD' s <br /> DERP Management guidance services that must be provided by local <br />