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Mr. Blake Rasmussen -?- ?4 July 1996 Golden Gate Fresh Foods diffusion of the high concentrations of salt. However, there has been a slight increase in salt concentrations in the C-zone indicating a continuing movement of salt to the lower zone. Also, there has been a significant increase in salt concentrations in the upper zone to the north of the site indicating that the salt plume is flowing northerly or downgradient from the site. Therefore, our concerns over potential damage done to the north of the site are warranted. We discussed some of the various types of liability that Mr. Douglas would be exposed to should he purchase the property. One type of liability would be from neighbors who may be damaged by either the existing salt water plume or expansion of the plume. We indicated that we did not speak for the neighbors and that the Regional Board could not do anything to reduce Mr. Douglas' liability from neighbors who are damaged by the salt plume or who may be threatened by the salt plume. A second type of liability relates to closure of the injection well. We understand that the United States Environmental Protection Agency (USEPA) holds some type of financial instrument which could be used to fund part of the closure of this well. For more details concerning closure of this well and potential liability which may arise from ownership of the property which contains this well, the USEPA office in San Francisco should be contacted. The potential liability to the Regional Board involves provisions of the California Water Code that require the cleanup and abatement of discharges of waste to soil and ground water that may affect the use of the ground water for drinking or other uses. This liability extends to current land owners who were not involved in the activity that caused the pollution. We understood from our meeting that Mr. Douglas requests a release of liability from the Regional Board, so that the Board could not later order him, his heirs, or successors in interest, to clean up and abate the waste (salt) from the soil or ground water. As we discussed in the meeting, the Regional Board generally has not issued similar releases of liability in the past. Therefore, without taking this issue to the Regional Board at a public meeting, I cannot answer with certainty that the Board would grant a release. However, the staff would recommend a release of liability under certain conditions, as discussed below. The primary concern of the Regional Board will be the protection of the site neighbors who rely on ground water for drinking or other purposes. A secondary, but important concern, is that Golden Gate Fresh Foods not benefit from the sale and release of liability. Golden Gate is clearly liable to the state, and has violated the laws of California and retreated to Canada where the Regional Board has not been able to succeed in extending its jurisdiction to require cleanup. Finally, the Regional Board wants to ensure that no future activities at the site will aggravate the pollution problem in the event a full cleanup is not achieved. On the other hand, we agree with you that the site is currently a danger to public safety, and that the value of the property is not sufficient to assume that a buyer could be found who would perform a full site cleanup. Finally it may be possible to protect the reasonably expected future of around water in the area without removing the existing ground water plume. In light of the Regional Board's concerns, any release of liability must follow monitoring of the grouna .vater plume and an assessment that, anter removing the EIESB, compacting the soil and paving the site. —id closing the injection Weil, the ciume will not pose a threat to water weils in the area. The Regionai 3oara will also require documentation that monies from the sale, apart tiom the back taxes owed to pan