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• gll, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, Ca. 94105 CERTIFIED MAIL P 460 806 956 RETURN RECEIPT REQUESTED 15 MAR 1991 Dick Randall President Lyon Communities Inc. 1631 North First St., Suite 100 San Jose, CA 95112 tr42, MAR 2.0 1991 ENVIRONMENTAL HEALTH • • PERMIT/SERVICES Re: Order No. 89-09 pursuant to 42 U.S.C. S9606(a), as amended, regarding 4599 Manthey Road, French Camp California Dear Mr. Randall: The Order referred to above required, among other things, that Respondent Lyon Communities Inc. submit a Final Cap Design for EPA review no later than April 1, 1990 and complete construction of the final cap by January 1, 1991. Respondent submitted the Final Cap Design to EPA for review on January 4, 1991 and Respondent has not commenced construction of the final cap. EPA has previously reminded Respondent of this failure to comply with the Order. As noted in the Order, pursuant to 42 U.S.C. S9606(b)(1), failure to comply with the Order may subject Respondent to a fine up to $25,000 per day of such failure. EPA has determined not to seek a fine in respect of Respondent's violations at this time. The enclosed second amendment to Order No. 89-09 grants Respondent an extension of time to complete construction of the final cap. However, in light of Respondent's previous failure to install an interim cap by the required date and Respondent's submission of the Final Cap Design more than nine months after the required date, if Respondent does not comply with this amended deadline, EPA will consider imposition of a substantial fine pursuant to §9606(b)(1) as well as actions leading to treble damages pursuant to 42 U.S.C. S9607(c)(3). This letter confirms approval of the Final Cap Design. The qualified subcontractor selected for construction of the cap shall provide to EPA for its approval a site safety plan that also addresses control and suppression of emissions. Printed on Recycled Paper