CORRESPONDENCE_2007 (7/07 - 12/07)

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Mr. Robert McClellon -2- REFUSE BEYOND COUNTY PROPERTY, CORRAL HOLLOW SANITARY LANDFILL We respectfully renew our request that the requirement of a joint project be reconsidered, and that the County be allowed to proceed independently with extension of closure cap and improvement of landfill gas collection on County property. In the meantime, we will collaborate with CalTrans in a joint project as requested. Since your letter of August 27 and Michael Wochnick's (CIWMB Closure and Technical Support Section) of August 9, 2007, we have investigated the history of ownership of the landfill and adjacent properties in an attempt to determine how the refuse came to be disposed in property now owned by CalTrans. The following may have some bearing on this issue: • Area "J", now owned by CalTrans, passed from the Kirlinger family to CalTrans without ownership by either the County or the City of Tracy. San Joaquin County was not responsible for the placement of refuse at the Corral Hollow Landfill until 1991. Prior to that time and beginning in 1959, the landfill was operated by the City of Tracy under contract with San Joaquin County. Text in a 1961 contract between the County and Tracy Garbage Company stating that the landfill was "jointly operated" by the County and City was in error: the landfill was jointly owned by City and County, not jointly operated. I have attached those contracts as documentation. • The larger portion of the Corral Hollow Landfill (area "E") adjacent to the CalTrans property in question was wholly owned by the City of Tracy from February 1962 to September 1965. The County did not have the right to dispose of refuse in area "E" during that time. Based on this, it appears possible that the City of Tracy may have knowledge of the placement of refuse in property now owned by CalTrans. I suggest that the Environmental Health Department notify the City of Tracy of this situation, requesting their cooperation. Your letter directs the County to submit a timeline in coordination with CalTrans, with CalTrans conducting additional investigation to define the extent of refuse in their property and implementing a mitigation plan for the refuse found there. Unfortunately, the County is not able to direct CalTrans in this matter, and we must wait for the completion of this investigation by CalTrans. As your letter states, once the full extent of waste onto CalTrans property is determined, CalTrans can select a method of remediation. Following is a tentative timeline based on a joint project, identifying the major activities that we anticipate at this time: 1. Survey of the Corral Hollow Landfill property to verify the property lines between the Corral Hollow Landfill and the CalTrans property — completed within three weeks of this writing. This can be done concurrently with work below. 2. Delineation of refuse within CalTrans property to the satisfaction of regulatory agencies with jurisdiction over this matter — start time per CalTrans, duration as needed to satisfy regulatory agencies. 3. Selection of closure or other remediation method by CalTrans — to be determined.