SITE INFORMATION AND CORRESPONDENCE

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Chronology April 16,2010 Ernie's General Store page 2 04/24/08 The EHD approved the Interim Soil Remediation Work Plan Addendum submitted by AGE on April 14, 2008, which proposed to change the SVE system from a Solleco ECAT 250 to a Solleco TCAT 250 which AGE stated would allow operation of the SVE system within the current electrical limitations of the site, and to save costs. AGE stated in the addendum they expected to have the remediation initiated by the end of May 2008. 05/19/08 The State Water Resources Control Board Cleanup Fund conducted a 5-year review of this site and concurred with the EHD directives to initiate active remediation by SVE. 08/19/08 The EHD notified the responsible party that the deadline to initiate the approved SVE remediation was October 24, 2008, and that failure to comply with this deadline may result in his referral to the Regional Water Quality Control Board (RWQCB) for enforcement action. 01/05/09 The EHD notified the responsible party that they had 14 days to come into regulatory compliance and initiate the approved SVE remediation, and that failure to do so may result in his referral to the RWQCB for enforcement action. 01/22/09 The responsible party failed to meet the 14-day deadline; the EHD scheduled a meeting with to discuss his history of non-compliance with regulatory directives. 02/24/09 A meeting was held at the EHD office in Stockton to discuss the recalcitrance of the responsible party in being in compliance with regulatory directives. At the meeting the responsible party said he had no funds to initiate the SVE remediation. It was discussed that he is responsible for the investigation and remediation of the contamination caused by his operation of the UST's, that he profited from those UST's and that Title 23 of the California Code of Regulations made no guarantee of eligibility to or reimbursement from the SWRCB Cleanup Fund. The responsible party was directed to submit in writing to the EHD a schedule for completing the required work at his site. 03/10/09 The responsible party submitted a letter to the EHD stating he would begin installation of the SVE system in September 2010. 03/27/09 The EHD notified the responsible party that his time schedule was not reasonable and directed him to have the SVE system in operation no later than December 31, 2009. He was also notified that failure to comply with regulatory directives may result in his referral to the RWQCB for enforcement action. 08/27/09 The EHD notified the responsible party that he was out of compliance with regulatory directives for failing to conduct routine groundwater monitoring and sampling at his site, reminding him that the deadline for the SVE remediation system to be in operation is December 31, 2009, and that if he did not comply with this deadline he may be referred to the RWQCB for enforcement action.