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1 requirements of 17 CCR §§ 20919 and 20937(a) and on the ground that passive venting <br /> 2 of landfill gas is not suitable remediation for the site. <br /> 3 <br /> RadioShack submits that the Department's rejection of the URS <br /> 4 <br /> Remediation Plan was arbitrary, capricious or otherwise unreasonable for several <br /> 5 <br /> 6 reasons. First, as discussed in Issue No. 1,the requirements of sections 20919-20937 of <br /> 7 Title 17 of the California Code of Regulations are not legally applicable to the World <br /> 8 Enterprises Site since no wastes were disposed at the site after October 9, 1991. <br /> 9 Secondly, a passive venting system will adequately control landfill gases at the site and <br /> 10 prevent any risk of fire or explosion. Third, the Department has not provided any <br /> 11 <br /> technical or scientific explanation in support of its conclusion that passive venting of <br /> 12 <br /> 13 landfill gas is not suitable remediation for the site. Fourth, it is not reasonable for the <br /> 14 Department to require submission of a final remedial plan prior to a full investigation of <br /> 15 the extent of any landfill gas plume at the site. Without completing an investigation of <br /> 16 the extent of any plume,the installation of active remediation system could either be <br /> 17 ineffective or could even lead to further migration of landfill gas. <br /> 18 <br /> 19 <br /> 20 <br /> 21 <br /> 22 <br /> 23 <br /> 24 <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> 1-SF/7170386.1 4 <br /> Notice of Appeal,Request for Administrative Hearing& Initial Statement of Issues <br />