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July 1, 1994 <br />Page 2 <br />i naming Marlowe and alleging that the contamination had caused him <br />, various ailments. A copy of the complaint is also attached for your review. <br />' At plaintiff's prodding. the County sampled Marlowe's septic tanks. <br />2. Argument. <br />The County is ignoring a potential source of the contamination.. <br />Marlowe's tenants use some chlorinated hydrocarbons in small <br />amounts. Marlowe's next door neighbor, Cal Cedar and O'Reilly are major <br />industrial concerns which use the solvents in question in large amounts. <br />Please see attached chemical inventory sheets giving a partial listing of <br />chemicals. Historic uses at Cal Cedar and O'Reilly have not been investigated <br />by the County. If current storage practices are any indication of historic <br />practices the County should investigate. Please see attached photographs <br />showing open cans, some leaking, on the Cal Cedar property. The Marlowe <br />industrial park was not constructed until the mid-1970's while Cal Cedar and <br />O'Reilly have been at their present locations for at least that long. The <br />contaminated groundwater is highest at one hundred and thirty feet beneath <br />the surface. The County's belief that contamination at this depth started at the <br />Marlowe property simply makes no sense in light of the types of business and <br />the types of chemicals being used in the area by these other businesses. <br />The County is giving Cal Cedar and O'Reilly special treatment. <br />At this point the County has taken no action to investigate the <br />situations at Cal Cedar and O'Reilly. On the basis of Mr. Allen's complaints <br />the County performed a "midnight raid" to sample the septic tanks at <br />Marlowe. It, and two other agencies, also held a surprise inspection at one of <br />Marlowe's tenants. At the same time, the County has refused to sample the <br />septic tanks at Cal Cedar or O'Reilly or to hold any sort of inspection. The end <br />result is that Marlowe is forced to shoulder the investigation costs for a <br />problem it did not cause and cannot correct, all because the County will not <br />investigate other potential sources of contamination. The longer this <br />situation goes on, the greater the liabilities that attach to Marlowe <br />3. Request <br />Marlowe wisheswishes to cooperate with the County but is being penalized <br />for past cooperation. By this complaint Marlowe requests that the County