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File Report April 7, 1998 developed and submitted to the SJCEHD, a workplan to conduct an assessment of the spill area. On December 5, 1997, the SJCEHD responded with a verbal approval of the workplan. Activity since the Workplan Submittal Once given the approval, Amherst (on behalf of RCP) solicited several excavation contractors for quotes on the removal of the concrete over the suspected area and to conduct any soil removal should it become necessary. On January 9, 1998, Stockton Service (Stockton Service Station & Equipment) was selected as the excavation contractor, but due to severe inclement weather, the project was postponed. On February 3, 1998, Amherst made an attempt to start the project, but was again stopped by severe weather conditions. During that same month, the facility was inspected by the SJCEHD. The SJCEHD determined that the vapor recovery system for the facility was inoperable and failed to meet required performance standards. The SJCEHD locked down the gasoline-dispensing portion of the facility until the problem could be rectified or repaired. The owner of the facility (Connell Motor Truck) contracted with Stockton Service to identify and repair the vapor recovery problem. During the later part of February, Stockton Service excavated and exposed several sections of the facility's conveyance piping system in an attempt to identify and repair the vapor recovery system. Neither Amherst nor RCP were informed as to the progress of Stockton Service's work during this period. On March 9, 1998, Connell Motor Truck informed RCP by telephone that they were terminating their lease with RCP, citing economic hardship with regard to the repairs necessary to upgrade the facility. RCP received a formal letter confirming the conversation on March 12, 1998. It is RCP's understanding that the facility will undergo formal closure procedures by the property owner. Current Status Given the situation described above, combined with the continuing unusually high rainfall, and the fact that the facility's concrete apron had been compromised in several 3 RCP0407