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SITE INFORMATION AND CORRESPONDENCE_2004-2019
Environmental Health - Public
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SITE INFORMATION AND CORRESPONDENCE_2004-2019
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Last modified
8/13/2020 2:16:35 PM
Creation date
8/13/2020 12:19:52 PM
Metadata
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Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
SITE INFORMATION AND CORRESPONDENCE
FileName_PostFix
2004-2019
RECORD_ID
PR0505553
PE
2960
FACILITY_ID
FA0006856
FACILITY_NAME
FRANKS FOOD MART
STREET_NUMBER
2072
Direction
W
STREET_NAME
YOSEMITE
STREET_TYPE
AVE
City
MANTECA
Zip
94336
APN
22202001
CURRENT_STATUS
01
SITE_LOCATION
2072 W YOSEMITE AVE
P_LOCATION
04
P_DISTRICT
005
QC Status
Approved
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F3— <br /> the state, the county, Mr. Guinta, etc. Frankly, the idea, if there is one,that placing liens on the <br /> property to infinity and or in perpetuity will at sometime be paid by someone willing to buy the <br /> property is speculation at best. Not very possible and not very likely probable either, and would <br /> likely cause litigation between Mr. Kim, Mr. Guinta, and your agency in the future. Another no <br /> win situation which warrants careful consideration as to the avenue your agency takes in the near <br /> future as to present requirements and to any possible finalization prerequisites of this matter in <br /> the future. <br /> So, as you can see, the recent requirements and or request for additional orders and or <br /> requirements of lateral and vertical indications of the"plume" are just going to continue the <br /> downward spiral of equities resulting in a loss to all parties and your agency alike. Added, it is <br /> Mr. Guinta's understanding that the co-dischargers(the Ramsey's and otherwise) are likewise <br /> insolvent and could not help pay back the state for the additional proposed drilling and <br /> monitoring sites; not to mention some type of future remedial effort if there is one once the <br /> "plume" is actually physically located. As stated,no remedial remedies by your engineers and or <br /> Mr. Guinta's are actually guaranteeing a positive remedial result even if the"plume"was located <br /> by vast expended resources of the state, the parties, or otherwise. Therefore,the current orders in <br /> effect need to be modified as outlined above in this submission to a few already existing wells at <br /> random around the suspected "plume" area and plus monitor the current wells above the legal <br /> limits of MTBE, etc, for safety of the public of course. If that approach is taken by your agency <br /> the state could be guaranteed to be paid back 100%of the EAR account expended for those <br /> services. If the concentrations continue to subside, as is expected by all the engineer's reports in <br /> your file, the finalization plan could be as basic as removing monitoring to all but the actual <br /> wells above limits with filters on them until they fall below the legal levels at which point they <br /> would be removed and the matter closed. Please note that when the EAR account was first <br /> proposed by your agency by letter of July 24`x, 2003, Mr. Guinta respectfully declined and asked <br /> you not to take that approach because he wanted to continue using his assets he had at the time. <br /> His consultant wrote a letter stating as such and suggested it might be useful and or necessary in <br /> the future. <br /> As stated, Mr. Guinta request that the EAR account be used now rationally and <br /> reasonable because he has expended any and all assets available to him to continue without the <br /> help of the account. Mr. Guinta attaches your letter dated July 24, 2003 and the letter from his <br /> consultant dated July 31, 2003 for reference and consideration. This approach not only is rational <br /> but will provide the best possible outcome to all parties and most importantly would insure <br /> healthy water to the wells of the few parties still experiencing polluted water. The state will have <br /> the off-site ground in compliance with their regulations,will be paid back all expenditures, the <br /> parties can finalize their agreements,etc.; a true win-win situation. The only real loser will be <br /> Mr. Guinta because of his declining equity position after paying back the EAR account. But as <br /> previously touched upon, Mr. Guinta feels that is a small price to pay for the finalization of this <br /> matter that has been so long now endured by him and to his neighbors. <br /> Returning to the issue of Mr. Guinta's insolvency, which has been in skepticism by your <br /> 5 <br />
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