COMPLIANCE INFO - Laserfiche WebLink

Home Browse Search

MEMORANDUM DATE: August 7, 1995 TO: Members, Board of Supervisors David L. Baker, Cou ty Administrator FROM: Michael N. Smith, Director Health Care Services CC SUBJECT: COMPLAINT REFERRAL FROM THE BOARD OF SUPERVISORS: MICHAEL V. BRADY ON BEHALF OF MARLOWE PROPERTIES The following response to Mr. Michael V. Brady's complaint has been reviewed with Mr. Terrence Dermody, County Counsel. The property, APN 101-021-32 also known as 4630 - 4648 Waterloo Road, is currently a light industrial park with one residence. The property is owned by Melvin Marlowe and managed by Jonathan Marlowe. San Joaquin County Public Health Services, Environmental Health Division (PHS-EHD) requested that an investigation of 4648 Waterloo be initiated because of petroleum hydrocarbon contamination which was observed during the removal of an underground storage tank on 4 January 1988. Subsequently, a monitoring well was installed on 7 July 1988 along with a soil boring. The monitoring well, MW1, was sampled on 15 July 1993. Soil and groundwater contamination by petroleum hydrocarbons was evidenced. The investigation was re- initiated in 1991 with the sampling of the domestic well for petroleum hydrocarbon contaminants. San Joaquin County Public Health Services, Environmental Health Division (PHS- EHD) did not direct Mr. Marlowe to initiate an investigation of the halogenated (chlorinated) hydrocarbons. PHS-EHD did in fact refer this case to the Central Valley Regional Water Quality Control Board (CVRWQCB) on 23 May 1993. The CVRWQCB communicated to PHS-EHD that due to staffing restraints and predetermined priorities, the halogenated hydrocarbons would not be investigated by the CVRWQCB; however, if PHS-EHD desired to pursue compliance with the property owner, CVRWQCB would extend limited authority for this purpose. PHS-EHD authority is limited in that the property owner would have to be willing to pursue the investigation as PHS-EHD has no statutory authority to enforce the Porter-Cologne Water Quality Control Act. Mr. Marlowe was unwilling to pursue the on site investigation of halogenated hydrocarbons, and was unwilling to place monitoring wells, needed in the course of the underground storage tank investigation, in strategic locations on his property for the purpose of detecting contaminant migration from an off site source. Mr. Brady's statements regarding PHS-EHD's lack of response to the public health issues are unfounded. PHS-EHD has no statutory authority to investigate the