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HomeMy WebLinkAboutMINUTES - 04182000 - C19 CZAIM ROARS OF SUPERVISORS OF CMTRA COSTA CQFTNTY._CATIFORNIA BOARD A0[ft April 189 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Govenirrlent Codes. ) notice of the action taken on your claim by the Board of Supervisors. (paragraph IV below), given mr pursuant to Government Code Section 913 and �. 815.4. please rote all "Warnings". AMOUNT: $9,500-00 w CLAIMANT: Carol A. Chan ATTORNEY: TIPS &'''ASSOCIATES DATE RECEIVED: March 20, 2000 ADDRESS: Scott C. Tips BY DELIVERY TO CLERK. ON: March 20. 7000 807 Montgomery Street San Francisco CA 94133 BY MAIL POSTMARKED: (March 200 2000 .� L 7-RONE Clerk of the Board of Supervisors 'JiKk County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Cler Dated: March 20, 2000 By: Deputy ✓ 11 FROM County Counsel TO: Clerk of the Board of Supervisors (kA' This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By L.iDe puty County Counsel III. FROM Clerk of the Board Tt>. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER.- By unanimous vote of the Supervisors present: This Claim is rejected in full. ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated , ' PHIL BATCHELOR, Clerk, By U 92�kt 5 , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AF WAVIT OF hikEUNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Mininez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the climant as shown above. Dated: QJs,Qf By: PHIL BATCHELOR Bye Deputy Clerk CC: County Counsel County Administrator Fax 6nix par 13✓83/88 11:58 Pg: 2 11 • Fax,t}��u.,,du ,.�°#�i,34#H�'.3 .•...,.e. .. w,, 82✓8�✓Bii #9:ti:? , ,,.fig". .7 t``' r�✓"`i Claire)to, WARD OF SUPI:kV1fiC1p'tS Opr CC1M'KA COSTA.COUNW A, Claims relating to causes of action for death or for lNury tt~person or to personal prupertY at aro%ging moles anal wbivh accrue or:or beton December 31, 1987,must be pr000nlod not later than the 10&day after the*Coeual of the cost of action.Claims relating to),)oases of action for death or fel ituury to person or to personal property or growing oropt and whi rh amus on or after January 1, 1998,must be presented not later than six months aftar the accrual ofthe cause of action, Cisims foisting to arty ether ouso sof action Must be presented not later than one:year alter the accrual of the cause of ac:tiotr. (00v't Ctrde 9I 1.2.) A Claims must be Alod with the Clerk of the Board of Supervisors at its office in Rom 106,County Administration building,631 Pint cutroct.,Martinez,CA 94553. C, If claim is sgainst a district governed by the Board of Supervisors,rathar than the County,the namo of the District should bo Al1e4 in. I1, 2.t'tha claim is against mean than one public entity,separate elsitms must be filed agalno each pablk, entity. F fW4 got penalty for ftuduitnt claims,p'snsl Codc Sac.72 at the rend of this form. �+F4*i4*+!<tifftia#f�taaeYtis��la#M+►+Yi�t+�lRMl+i���l�aitii�lt#lrksrM+�t1►#+Ysar�lsa+�e+►�+�s�ewa+�a�r!#�s9�• AS Claim By 4Reserved for Clerk's liking stir tp CHAN stthc Count rC n �...� 2 0 2000 i�,ga�c� y� � tri cwviuii���>~.,,._._.._ y MAIC Iii isn ru)))le),... _.__.�..�..�....,... � GLERK 110;410 rF-S—L1—PrTV-1S-0RS Wtvi RA Q[:$ -IA GtJ. Tht undersigned cls rnmt hereby makes claim against the County,of Contra CANts or the aboYe-ears d district itt the sum of3,9,40.,=and In 94pp ort of this claire r#prsststts U follows; 1. Wh6A did the damage or injury am r?(Give,exact data and hour) O"011T R zo, 1999 at 5. 17 p.m: 2 Where did the damage or injury 000ur9(tnoludt city and ownty) SAN RAMON, CONTRA COs;TA 3, How dict the dstt>agt or ityury occur?(Give full details,use extra paper ifropirod) $4:4 ATTACHMENT "An Fax enis par 13/83/80 1i:58 pu: °eK t'r� t, ctr :f1G317�?3 _ 02/03/00 151:9,Z ,, Fi —11 i. Khat psrticuiu act or onn 34ion on tris part of county or district 0fl`iCV1,wvanu,or employelts cWted tile injury or d4mage? SFF: ATTACHMENT "Pu . Whst are the names of county Of dtsttict nlltcrrs,servants,or etttploy u causing the darnurge car ir4juiy"r QFF'IQbH$ M, t;QhJ1,Mt,4eX AMU VAVIV HEINBAUGH OF THE CONTRA COSTA STTRRTT'F'F, DFPhRTMENT . 'whit darnap,e of injuries do you claim r4sulted1((live full extent of injuria or damages claimed Attach testi astlmsics for nuts darrtagt,) SEE ATTACHMENT "C" ?. How was lbe`smriNnt claimed above compulad?(Include,the blemiatod smomt o!any prospective ttlury Ot donisse) 8 Nantes and tddresaes of witnesses,doctors,and hospitals. VIs ATTACf1MVNT "ti:" g, L.ist the expenditures you mads on swvitt of this accident or injury. Wt ego SEE ATTACHMENT "F" �`#$4oe##4e#epi#!ililMti###!Mi#ts+!lees!!!!#let•Artiieiltei,l!!!i1't4li##iii«l�l4iik#17!'t.+Mtt (3ov.Code See, 910.2 provides"The Claim must be signed by the claimant of by some person on his behalf.' Name and Address of Attorney } TIVS & AS!;OCIATFS' ) '. 807 MONTGOMERY STREET � (Ctaimartt'aStytutture) SAN FRANCISCO, CA 94133 ) (Addrettti) l'cltsphoneNcr._ +tI Z96-7 ¢ _ Telephone Rio. 6So s Is" . s GS e�itresfett+seterror#�i#�rsittistssi!lsti+ssisliiitirrts+�sss#iittti*#ssilrsisti►irprsa`ssits N=CFI fli"$I=72 d the FWAi l Cott!prQvl1": 8vtry perwo who.witb i mm to dcfsud,pIeseaU for Allowam or ft pa,rmcm to soy sistc"I'd nr 010w,or to any 4KAinty,city,at 41faict bond or alFlcer,suftrivaai to aua%or pay tare seine itswulm,any fWat or*serdulsnt VIAM bul,aow.01. vouckr,or writing,is punt d atilt slice!by tatprisoument it the WWW W lar a period of M more OV,rte ygr,by a fts•of Not exceeding one sluxuwnd(S 1,000),o?by both welt 1mpisavwt ow an.orb,y intF,riitttttq►ittt in tke et1iCC prisbt►,by a$rur of NrE gxceedw4 twt thousand dtdlwi►($10.000),err by both nA%IMPIMAM4 W 60C Fax 6nia par : 13/03/00 11.50 Pg: 4 'd ell CAROL CIiAN CLAIM INM1 14MATION ATTACHMENT "All 3, While stopped at a rcd traffic light at San Ramou and Crow Canyon Road in Contra Cozsia County, the automobile in front of rrte unexpectedly backed up and hit the fivnt of my car. The police weir called and San Ramon Police Officer M. ;Ec:hilmeier arrived first. He ttx* stateinunts from the attractive, young female driver of the other vehicle, Ms. Scvggins, as well as from myself, but, strangely enough, he did so in both drivers' presence, I politely asked the Officer to per►crit me to give him my personal inforniatlon in private. He refused to even hear nay rcqucst. I also tried to explain to the officer that I was disabled and that stressful situations could affect illy physical and mental well-being and often brought on painful and debilitating headael►ek, but he did riot want to hear about dais cithcr. Soon after, Officer David llcinbaugh arrived and overheard nay request to speak in private; to the officers so as to not divulge my phone number and address in front of Ms. Scoggins. Orli er Ileiubaugh flatly denied my request and offered no explanation at all, lmttarl, he became laud and verbally abuslvc and continued to refuse to let me give my version of the accident In private. This abusive and-unprofessional behavior of the officers caused Inc significant stress, enlbarrasor►cnt, loss of self-esteem, and aggravation, Iu short, bu:ause the officers were more concerned and Intemsted in flitting with the young lady driver and looking good in her eyes than in being impartial professionals who could assist tate or accommodate my cease►nable requests in any way, they allowed a small traffic collision to balloon into an unr►ecessury verbal assault upon me. During the event, and outside my pruectwe, Officer Ileinimugh searched my vehicle to "courtesy"he did not offer to the young ferrr►alfe driver, and, later, 1500,00 turned up missing from purse that was in the vehicle during tf►c search. The result and consequence was that these very unprofessional officers not only vcrbully assaulted me, but one of them also conducted an illegal search of my property and stole Motley from me during the process, resulting in monetary loss as well as unwarranted Phys rail and emotional harm, injury and lrss, k► rrrc. Fax forms par 13/03/08 1158 Pg: 5 CAROL CHAN CLAIM INFORMATION A'II'ACIMIENT "B" 4. Evcn after being told that they could not determine who was at fault, Officer Ilciabaugh searchcd my car while I spoke with Officer Lchiltncicr. I later asked Officer fleinbaugh why he had searched nay car, He stated he was looking for anything that may have caused the avuidunt. To my knowledge, there was aLi search conducted on Ms, Scogggins' car. After some titue, 1 discovered that $5(X)was missing from my wallet, which had boen in the car at the tithe of the officer's search. The search was illegal and improper and a violation of my Comcitutiunal rights. Interestingly enough, there was no search of Ms. Scogg,ins' automobile. Arta many confrontations, which included being yelled at by the officers, I was in a great deal of pain. At this time I requested that Officer FIchilmeier call an ambulance for the. He flatly refused, literally screaming back at mc, "No. Who is going to pay for it?" He also stat4!d that I could drive rnyseli'. 1 told him I had insurance to pay for ambulance transport, but he still infused and instead gave nae directionq to San Ranson Valley Hospital. Therefore, with great distress, I was forced to leave on my own at that time and to drive thyself with difficulty to San Ranion Valley Hospital. There, after filling out farms and receiving a very basic and sup erficfal checkup, I was told there was an hour and a half wait. Sincc I was still 30 :Hiles frorat huine, I chose to leave the hospital and drive home where I had my own medication to hells alleviate:,the pain. Once home, I applied packs to my neck and took medication to help rodum the. pails, Fax 6MIS par 13/83/08 11058 py; 6 � f7 CAROL (MAN CLAIM IN14DUNIATION AITACIIMIrNT "C" 6. Resides causing eniotional distress alyd physical lain, the incident also affected my rclactionshIp witl,my husband in that it caused it treat deal of discord and CQnnict. I also now hart,a great drat of fear In driving through San Ramon (a short-cut route) when traveling from Walnut Creek to Belmont.. I now stay on the.freeway, which adds five miles on to my trill, daC to the anxiety and fear I foal associated with San Ramon. Loss of sleep and other disturbances to my daily life have also resulted from this incident. In addition, I suffcrW the theft of $500.00 farm my purse. Funlnrr, I lixurred medical +exlwnses of at least�l,2Gt1,tltl. Fin;dly, I any entitled to reasonable compormation for the Officer Heinbaugh's violation of my Constitutional rights by his Illegal search and seizure. if resolved immediately, I would be willing to accept minimal u m pensation for this violation. Fax finis par 15/83/'88 11:83 Pff: 2 "7 r f CAROL CHAN CLAIM INFORMATION AWACHNIEN!' "O" 7. $500 taken from my wallet in my car; Nine visits to my psychiatrist at $140.00 a session(from November 2, 1999 to February 16, 2000). The remainder is due to the,emotional distress that has occurred and still continues. My claire for $9,500.00 also would include compensation for the violation of my Constitutional rights by his illegal Search and seizure, Fax 6m is par 15/83/00 W03:03 Pg: 3 C�r CAROL CHAN CLAIM INFORMATION ATTACFIMI+AT "E" $. Vincent Chan(my husband)witnessed behavior changes in me as well as my friends, Fatty Shimake, Susan Whitener,and Yong Gulley. These friends noticed that I was fatigued and distressed due to the mistreatment I had received at the hands of the officers. My psychiatrist,, Howard Gutevitr_, also clearly noticed how the incident has affected my emotional health and well-being. 13/$3rSB 11.58 ps: 9 Fax bmis par . CAROL C CAN CI AINI INFORMATION ATTACHMENT t , 9, Nine sessions with it psychiatrist 0$140.00 a session $1,260-00, This Is It minirzium amount, I 5 R I, CLAIM J3 ARD QE SUP'EMSORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACT10APRIL 18, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the aW[S Board of Supervisors. (Paragraph IV below), given �J pursuant to Government Code Section 913 and MAR A; 915.4. Please note all "Warnings". AMOUNT: $171,000.00 COUNTY iCOUN EL MASCLAIMANT: LITO DING AND GLEASON CHEUNG ATTORNEY: c/o Velvet A. Chang DATE RECEIVED: March 10, 2000 Law Office of Velvet A. Chang ADDRESS: 512 Westline Drive, Ste. 204 BY DELIVERY TO CLERK. ON: March 10, 2000 Alameda CA 94501 BY MAIL POSTMARKED: March 9, 2000 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: March 10, 2000 By: Deputy II. FROM County Counsel TO: Clerk of the Board ofSupervisors 4 ,,'This claim complies substantially with Sections 910 and 910.2. ( ) This claim NAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: f:- r nn> By: Deputy County Counsel M. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). BOARD ORDER; By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DatedAQILL d 07000 PFUL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NL41LING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 9 By: PIEL BATCHELOR By ,5 '�,I �-- _--_ _Deputy Clerk Clerk of the Board of Supervisors Via Certified Mail- Return Recei t Re uestred County of Contra Costa RECEIVED 651 Pine Street, Suite 106 -- Martinez, CA 94553 (925) 335-1900 MAR 2000 CLERK WAD OF SUPERVI flpS NOTICE OF CLAIM AGAINST COUNTY OF CONTRA COS CONTRACOSraCO. 1. NAME AND ADDRESS OF CLAIMANTS: Lito Ding, 405 14th Street, Suite 800, Oakland, CA 94612 (510) 251-2301 Gleason Cheung, 405 14'' Street, Suite 800, Oakland, CA 94612 (510) 251-2301 2. AMOUNT OF CLAIM. $171,000 JURISDICTION: Superior Court 3. WHEN DAMAGE OCCURRED:February 23, 2000 and continuing 4. WHERE DAMAGE OCCURRED: Contra Costa County Courthouse, 725 Court Street, Martinez, CA 5. HOW DAMAGE OCCURRED: On February 4, 2000, claimants purchased the real property commonly known as 1435 Springhill Drive, Pittsburg, CA at a foreclosure sale. On February 4 and February 8, 2000, claimants inquired as to the amount of tax outstanding and were told that $12,000 was owed. Claimants were not told of the pending tax sale. On February 23, 2000, a tax sale was conducted and the subject real property was sold to Joe Sullivan. Claimants first heard of the tax sale on February 28, 2000 when Mr. Sullivan advised he was the owner of the subject real property 6. SPECIFIC DAMAGE: Claimants purchased the subject property for$121,000 and now do not have title to the subject real property. Claimants have also incurred documentary tax, recording fees, expenses, insurance and loss profits totaling $50,000. 7. HOW AMOUNT OF CLAIM COMPUTED: See Item 6 above. 8. SEND OFFICIAL NOTICES AND CORRESPONDENCE: Velvet A. Chang Law Office of Velvet A. Chang 512 Westline Drive, Suite 204 Alameda, CA 94501 (510) 521-1717 L_ 9. Date: March 9, 2000 Velvet A. Chang Attorney for Lito Ding and Gleason Cheung ex d im -CP Lin CP , . U't 6Li 1� s y F G F � tt t1 ; :.• v i . CLALM B ARD OF SUREMSOR_S OF CONTRA COSTA COUNTY, CAL.MQ1 N A BOARD ACTION APRIL 18 2000 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and a. Please note all "Warnings". AMOUNT: $3,000,,000.00. MAR 1 ?0nn CLAIMANT: Frederick William Dycus ' WTINEZZCAUF. ATTORNEY: DATE RECEIVED: March 16, 2000 ADDRESS: 529 - 38th Street BY DELIVERY TO CLERK. ON: March 16, 2000 Richmond CA 94805 BY MAIL POSTMARKED: Hand-Delivered L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . PHIL BATCHELOR, Clerk Dated: March 16, 2000 By: Deputy ' -"-XU IL FROM: County Counsel TO: Clerk of the Board o Supervisors ( his claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: '"17-60 By: Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. (' ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated r0 PHIL BATCHELOR, Clerk, By , Deputy Clerk T WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFiDAVIT OF MATIJNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: g" "7 t_;Ogy: PHIL BATCHELOR Beputy Clerk CC! Count% Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp l)`2`CL)-S j RECEIVED Against the County of Contra Costa or ) MAR 16 2000 District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$3kLt.ia*..)and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) `30Pk , G ( 7/ 1"79 1 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) �d What particular act or omission on the part of county or district officers, servants, or employees caused th injury or damage? THE C t-A l rviNv� WAS tOD CLAP-7 } u-C W4S f'(_AC'EO IN Pi i . "r )E- C(-AIP-,4AJ,-r wAS rvv lV -rQ fit r, T I IF-cy 5. What are the names of county or district officers, servants, or employees causing the damage or injury? 1(-f E j}V(J*" -1 W t+% 4;S 1 G N r-0 -T 0fii- QC,A In04"T To THt—t' C -i W 7, ASL THr- a 6.:100 >F—LA`1F0 M6,0tl- AL- t 5 ► c�'C, 0UstQ , 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals. r Vi i= P C.L C 1 C tit fiSS i C cc- CCC t- 4p M 0 C,-1 EK)IL 9�- hOM � �CZ- �jc�`C1�1Z-- 9. List the expenditures you made on account of this accident or injury. BATE TIME AMOI TNT Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his {.behalf.,, SEND NOTICES TO:_ (Attorney Name and Address of Attorney ) } (Claima s Signature) 8-" (Address) jtC lett-�c,N c SCS Telephone No. }Telephone No. S O r 3_( . NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county, city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. 3 . How did the damage or injury occur? on 9/17/990 1 was .brought from Marsh Creek Detention Facility to Martinez Detention Facility for a court hearing. After the hearing, I spent all day in the holding cell . At about 9.30pm, I was processed into Q module. Deputy T.Allen told me to go stand by the door of the cell I was being assigned to and wait. At the door, one of the two men in the cell asked me if I had any enemies. He had kind of a crazy look in his eyes. I said "no" . Then a deputy came and let me in and one of the men out. He was being moved for fighting with someone, and his cell mate, who was staying was mad about it. He asked what I was in for and I told him one count of 273d, because my wife had disciplined our 11 year old daughter with a "switch" . He then called me a "baby beater" and demanded to see my court papers. He tried to grab my pipers out of my hands and I pulled them back. Then without warning, he hit me in the head 3 or 4 times . I didn't fight back. Then he yelled at me to get out of his cell . I got the attention of the deputy who came and opened the door. The Dep asked me if I had been hit and I showed him my injuries . After the inmate, Scott Hall, was sent to D module I was put back in my cell. When I looked in the mirror, the left side of my face under my eye looked smashed in. I could hear little clicks in various spots where I touched the fractures . I was exhausted, so I made my bed so I could get some rest. I was the asked to come let some nurses look at me. 3 nurses examined me in a small room on Q module. A black nurse with a foreign accent felt around both my eye sockets and said, "It' s not broken. " I went back to my cell to rest and then a sergeant came to check on me. He said the head nurse recommended that I go to the hospital for xrays. Then deputy Allen took me to Contra Costa Regional Medical Center. During our wait to see the doctor, Dep Allen was sorry and apologetic. He said., "I don't know why I put you in with Him. He (Scott Hall) hits people all the time. He' s an ass hale. " After the doctor examined me, he came back and said that the Zygomatic bone was fractured. I was given a paper "Emergency Deptartment Follow--up Instructions" that said " will need ENT appointment within one week. After we left the Hospital, I was taken to F module (medical) and was told by the deputy that I would stay there until I had surgery and then throughout my recovery. I was told to lie if anyone asked what I was in for. While at Marsh Creek, I had told at least 50 strangers about my case without ever being threatened or attacked. I was afraid to talk to anyone. Despite being told by a Deputy and a Sergeant that I would stay on the medical module until my surgery and then recover there, the medical staff moved me to the general population on A Module on 9/23 . l had not been seen since the attack or had my condition or xrays explained to me. When I was moved to A module it was overcrowded and I was scared to death someone would hit me in the same spot and shatter my bones. When a fight broke out that night we were locked down until the next day at 4pm. Then I asked and was moved back to medical F Module. 6. What damage or injuries do you claim? After being in the ER on 9/17/99, and told to come back within one week, I didn't see the Doctor until 10/7/99. I repeatedly told the jail nurses that I was concerned about the bones growing back together ,before being "set" . Dr.Henderson asked why I took so long to came in because he could have fixed the bones easier during the first week. Scheduled surgery asap for 10/11 . He wanted to see me one week .later but I didn't see him again until 12/2 . Drs . White and Javaheri said I should just live with the results . Permanent facial damage, despite one surgery. Sagging skin on left side of face Stress, Depression .After the attack: Swollen side of face Caved in eye socket/cheek bone Black eye Eyeball-Blood in white part Couldn't chew solid food-baby food diet Hear "clicks" when fractured area touched Left upper jaw hurts Teeth don' t fit right Nerve damage to left upper jaw-teeth hurt Right ear hurts Headaches Hard to sleep Intermittent ringing in Left ear Noise in left ear when swallowing Slight bleeding in nose lst two nights Diarrhea and nausea from. Motrin 2 Doctors that the jail had examine me I would have to have a metal plate in my face and that I might lose sight in one eye on get double vision. Dr. White and Lr. Javaheri CONTRA COSTA COUNTY OFFICE OF THE SHERIFF DETENTION DIVISION POLICIES AND PROCEDURES 3-1 INMATE RIGHTS AND PRIVILEGES (Revised 4/1/99, Replaces 12/24196) POLICY. The Detention Division Administration recognizes inmates have certain rights relative to the conditions of their confinement. REFERENCES Pro Per privileges may be granted by M.S. - 1061, 1063, 1064, 1065, 1066, 1067, 1068, court order to specific inmates. These 1070, 1071, 1072, 1073 inmates are afforded special privileges Inmate Pro Per Policy(Appendix) which may include a legal runner, special mail privileges, special supplies, and Pro GENERAL INFORMATION Per phone (Refer 3-3). Facility INMATE RIGHTS Administrative Sergeants will be 1 e recognized inmate rights are as follows: responsible for ensuring proper A. Single room occupancy or supervised double compliance with Pro Per court orders room occupancy. including deliveryof appropriate B. Clean and orderly surroundings, documents and monitoring of Pro Per C. Adequate toilet, bathing and laundry activities (See Appendix). facilities. N. Freedom from discrimination based on the D. Adequate lighting, heating and ventilation. inmate's race, religion, national origin, sex, E. Compliance with federal, state and local fire ge, handicap or political belief. and safety laws and regulations. 0. a protection from personal abuse,corporal F. A wholesome, properly prepared, unishment, personal injury, disease, nutritionally adequate diet. prope " damage and harassment. G. Clean and seasonable clothing. P. A dignified conversational form of address. Basic medical and dental services All inmates will be addressed by name rather comparable in quality to those available to than booking number or other derogatory the genera, citizen populace of the state. manner. I. Access to both recreational opportunities Q. Personal grooming choices regarding and equipment. appearance. This choice is limited only by J. Access to clergy allowing inmates to practice requirements for: their legitimate religious practices, subject 1. Safety only to the limitations necessary to maintain 2. Security institutional order and security. 3. Identification K. Visitation with family members and friends in 4. Hygiene a visiting area limited only by those Facility Interpretation of these regulations will be the requirements necessary to maintain order least restrictive necessary to the security and security. Private areas are available for level of the inmate and the Facility. confidential visitation between inmates and R. The expectation that unnecessary force, attorneys except where substantial embarrassment or indignity to the inmate is justification for restriction is provided. avoided during search. L. Sending sealed letters to a specified class of When a new offense is suspected, inmates persons or organizations, including but not will be afforded the protection set forth in the limited to: courts, counsel, officials of the fourth amendment to the Constitution of the confining authority, government officials, United States. administrators or grievance systems and S. Access to paper and other supplies and members of the parole authority. inmates services related to legal matters at inmate's seeking judicial or administrative redress are expense unless the inmate is indigent. not subjected to reprisals or penalties as a T. Inmates have the right to participate in local, consequence. state and federal elections, pursuant to M. Maintaining contact with attorneys, their election codes. This can be done by representatives or experts retained by them requesting a registration form and/or an through uncensored correspondence, absentee ballot from the Contra Costa telephone communication and official visits, County Election Department. limited only as necessary to maintain order U. The availability of a written grievance and security. Inmates will have the right to procedure that includes at least one level of request assistance in preparing and filing appeal. legal papers, including assistance from persons with legal training, law school, legal PROCEDURE 1 assistance programs, the Public Defenders INMATE RIGHTS MANUAL SECTIONS Office and law library facilities. 1. Speafic procedures to u i requirements 91 57 j4`j CONTRA COSTA REGIONAL MEDICAL CENTER f TIME OFF AUTHORIZED FROM: EMERGENCY DEPARTMENT f ❑ WRK f E3 ❑ SCHOOL --- FOLLOW-UP INSTRUCTIONS DUE TO: IIVJURf ❑ ILLNESS The care you received here has been given on an FROM: --- .� --� emergency basis only.You may need further tests or care after your release from here. f RETURN DATE: _ =I RESTRICTIONS: If your condition worsens unexpectedly, return Sf here. If you feel your recovery is not proceeding as �f. ;LA 44 expected, contact your regular physician or call thef -� Advise Nurse at 1-800-524-2247. FROM s r Si su Condici6n empeora regrese aqui. Si siente f To: que su recuperaci6n no avanza tomo se expects f SIGNATURE: r: pongase en contacto con su doctor regular o Ilame a la enfermera de Consejo 1-800-524-2247. DATE: L---------- ------------- OTHER$GIVEN: WORKING DIAGNOSIS: �-'�`1'r1 � � ❑DC NOT DRIVE HOME FROM 7AS VISI T. PRINTED INSTRUCTIONS GIVEN: lu INSTRUCTIONS ON REVERSE cr PAPER: ❑WOUND CARE ❑SPRAIN/FRACTURE ❑VOMITING/DIARRHEA ❑UTI ❑ASTHMA/COPD ❑X.RAY ❑SCREENING NURSE ❑HEAD INJURY ❑CASTS/SPLINTS ❑COLDS/FLU ❑EARLY PREGNANCY r❑EAR INFECTION READINGS ❑ORWING CAUTION ❑EYE INJURY ❑BACK/NECK INJURY ❑FEVER CONTROL ❑VAGINAL BLEEDING ❑ABDOMINAL PAIN ❑LABORATORY ❑REGULAR PROVIDER OTHER STRUCTIONS: o 4 "-, , Z 00-76 /-7 . ,� ,� l.►l yt 1't to A e e FOLLOW-UP APPOINTMENT: ❑CONTACT APPOINTMENTS FOR FAMILY PRACTICE APPOINTMENT IN DAYS/WEEKS ❑RETURN TO EMERGENCY DEPARTMENT IN—DAYS ❑APPOINTMENT SLIP GIVEN. ❑ SPECIALTY APPOINTMENTS: El MESSAGE LEFT AT APPOINTMENT UNIT YOU WILL BE CONTACTED ABOUT YOUR APPOINTMENT WITHIN TWO WORKING DAYS. IF YOU *CLINIC* DAYS/WEEKS HAVE NOT BEEN CONTACTED,CALL APPOINTMENT UNIT AT 646-4715. APPOINTMENT SCHEDULED ❑NOSOTROS HEMOS DEJADO UN MENSAJE EN LA UNIDAD DE CITAS. ipLINIC l PR VIDER SITE DATE TIME UD.SERA CONTACTADO DENTRO DE 2 DIAS HABILES.SI NO HA SIDO CONTACTADO,LLAME AL 646-4715, CLINIC I PROVIDER SITE DATE TIME STAFF INITIAL SIGNATURE ❑ YOU NEED TO PICK UP I UNDERSTANDTHESE INSTRUCTIONS(Patient Signature) REMAINDER OF --M.D./FNP FNP PRESCRIPTION X 2? E DISCHARGED 0 i d CONTRA COSTA REGIONAL MEDICAL CENTER EMERGENCY DEPARTMENT STRIVES TO DELIVER THE BEST CARE POSSIBLE.YOUR COMMENTS AND SUGGESTIONS ON OUR PATIENT SURVEY ARE APPRECIATED. YOUR PROVIDER TODAY WAS: ❑ 03 ❑ Joseph Barger,M.D. ❑ John 1.Ellis,M.D. ❑ Stacy Prescott,M.D. ❑ Jon Stanger,M.D. ❑ Cheryl Higgins, FNP d ❑ Fred Beck,M.D. ❑ Chris Farnitano, M.D. ❑ Scott Schmidt,M.D. ❑ Mark Stinson,M.D. ❑ Elaine Seawall, FNP ❑ Ingrid Bellwood,M.D. ❑ Suzan Goodman,M.D. ❑ Herbert Si mond,M.D. ❑ David Suchow,M.D. g ❑ K.Severson, FNP ❑ Gerard Bland,M.D. ❑ Nell Jayasekera,M.D. ❑ Alan Spain, M.D. ❑ Dirk Van Meurs,M.D. .� MR 474A•5 (12/98)-• b CONTRA COSTA HEALTH SERVICES MR#: OOOOOOM007127509 Centra Costa Regional Medical Center DAME: DYCUS, FREDERICK, W Martinez Health Centers DOB: 09/27/1952 2500 Alhambra Avenue, Martinez, CA 94553 SPECIALTY NOTE DATE OF SERVICE. 10/07/1999 SUBJECTIVE: The patient is status post an alleged assault- where he was struck, he states, in the face multiple times with fists . He was struck predominantly over the left side of his face and had swelling over the area followed by bruising and subconjunctival hemorrhage. Since the injury, which occurred on 9/19/1.999, the patient has been on pain medicine. Also the swelling has come down to the point where he can now see that his left face is pushed in more than his right side . He still has some complaints of pain in the face on his left side, but can close his mouth without great difficulty. He also states that his teeth do not seem to fit well. He denies nasal problems, diplopia or ocular pain on movement. He has no complaints relative to his hearing. OBJECTIVE: Physical examination reveals the tympanic membranes and canals to be normal bilaterally. On nasal exam it finds the external nasal dorsum to be intact and both nasal airways are reasonably clear. No signs of compromise are noted. The extraocular muscle movements are intact on both sides with no symptoms of discomfort in either eye on extreme movements. Oral examination finds the dentition to be in good repair and the teeth to occlude simultaneously on both the .left and the right side. No lesions are noted in the mouth or oropharynx. No discharge is noted in the oropharynx. Facial palpation finds the left zygomatic arch/malar eminence to be somewhat depressed. There was still a small area of ecchymosis over the left malar area. No palpable abnormality is noted of the either infraorbital rim or frontal zygomatic suture line. Review of his x-rays finds a depressed left zygomatic arch fracture. [Thismarkedly have discussed the findings with the pati:displaced the t he has a two week and five day delay aftnjury. kedly compromises the ability to move the done back with a relatively straightforwardn. I did discuss with him that the bones t tote movement as well as there can be an impced in to provide build up and thereby symmetry lars . The patient desires to have the reductpted, SPECIALTY NOTE Page 1 of 2 Original cas F R# . OOOOOOMOO7127509 AME: DYCUS, FREDERICK, W and this will be scheduled as quickly as possible. He was advised of the risk of the procedure and his questions were answered. A permit was signed. Lorre T son, MD LTH: EDiX11250 D. 1.0/07/99 12 : 50 Ts 10/07/99 13 : 25 DOCUMENT: 991007194559520000 SPECIALTY NOTE Page 2 of 2 Original _ _ � ' � i i .• 5� Y k i SII,*r 5 C gVMn& cc CII1 TJ'1rT�' `} ' i z { )INMATE REQUEST FOR INFORMATION ' ( ; )MEDICAL REQUEST To; .i� -729 From: ekg Date: / 2 9_/_9 q_ Housing Assignment: Check One: { )Request pej Grievance { ) Appeal { ) Other Request:'.,'H W17 - i .fir AN ik�MAa 1AUL.T "ft4A,T " 1 1 A C,P1 d l�rT J �N M A Z R N'f K A: ; l.. t« YG t:wr 1�• Fx ,� >i _ c}1V�11t t�} �� 1�# 1t lr%C�N' ciJ4i1x# dial At4k CAt,1 i ry'l ti #I f y►ta TVE Z'ttN A 1 TWIG`S 1 t 1 ,,3a:C.+�► .. tit`! tJ 4 SAAA*X,1"1k15 "; UX Gnii'tit'-w PtnL AICIL i i_r� 'i f�r"tIE Date Rec"d: Recd By: Routed To: ) APPROVED { ) DENIED-(state reason) By; - t ,. -,. - Date: Pink:Kept by Inmate Yellow:Reply to Inmate White:To Booking DET 024 RM 112!91 - y,..R-,_.........�.-w,.,,_..»..,:..,.-,_.�-.wx-�w,x•,ri3.lwC, a+[+,'»-;i�±,k'+•y�s�:"'Qi."-��r,+«--r�y. tl• w.'AV"' +CC7N'�I�.�.. iC+C.�►� 'T'.�3. c��iCTl'�''TY INMATE REQUEST FOR INFORMATION ( } MEDICAL. REQUEST tit bate: /Z.M f 9 Housing Assignment: Check One: { ) Request { ) Grievance { Appeal { ) Other Request: �C ....• ,.,I 241SL ' tJ 11 U Z. tlry P4M► �iF �aW Date Recd: ✓ 3 r' j Rec'dBy: Routed To: ANSWER { ) APPROVED ( ) DENIED-(state reason) j &IJT ? t tis C' : Date: �y irk:Kept by Inmate , Yellow:Reply to Inmate White:To Booking 6EY02, fS t 2i9i MV, r� 4 (, INMATE REQUEST FOR INFORMATION ( } MEDICAL. REQUEST ; T , From: '' ,. .l ` '` "". Bkg ` , `.. .. tt3oa Date. .Housing Assignment: •- Check C7ne: C Request ( ) Grievance C } Appeal C } tither N} Request. 5 15 3 y tie f)L I f - .0 ,�.;: ' p� } t Roo,irv.JCJ Date Rec'd: I Rec'd By: Routed To: AN WER: C ) APPROVED { } DENIED-(state reason) ZA LJ r del P f By: - a_�, .% Date: 24 z Pink:*,Rot by Inmate Yellow:Reply to Inmate White:To ooking OET024 M ,r2/st CLAIM &t (,q C}B ARD QE SUPER)aSM QE CONTRA_ -COS' A COUNTYs CALMMIA BOARDCA T10t APRIL 18, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this doeurnent mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and tlYI Z MD 915.4. Please note all "Warnings". AMOUNT: MAR , $50,000.00 CC3i�"T't Ci�lJi�SEi. CLAIMANT: Paula Edmonds MARTINEZ CALIF. ATTORNEY: CRAIG L. JUDSON DATE RECEIVED: March 10, 2000 Bold, Polisner, Maddow, Nelson ADDRESS: & Judson BY DELIVERY TO CLERK ON: March 10,' 2000 A Professional Corporation 500 Ygnacio Valley Rd. , #325 BY MAIL POSTMARKED: March 9, 2000 Walnut Creek CA 94596 I. FROM: Clerk of the Beard of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. . PHIL BATCHELOR, Clerk Dated: March 10, 2000 By: Deputy H. FROM County Counsel TO: Clerk of the Board KfTupervisors (v'f This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.0. ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 3—/3-66 By: ��-Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: { This Claim is rejected in full. { ) Other: I certify that this is as true and correct copy of the Board's Order entered in its minutes for this date. Dated. l PHIL BATCHELOR, Clerk, ByA , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFMAVff OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ' ( l� y: PHIL BATCHELOR By Deputy Clerk Crf. CXaicc to. BOARD OF StJ;E' ISdRS OF INTRA O0.STA COU T r INSTRUCfIm ID CLA`Cl iW A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be-presented not later than the 100th day atter the accrual of the cause of action. Claims relating to causes of.action bor.death or for injury to person or to person I property or groving emps and uhich aoorue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause Of action. Claims relating to any other cause of action must be presented not later than ore year after the a, mml or the cause of action. (Govt. Code Sg11.2.) B. 'Claims must be filed vith the Clerk of the Hoard of Superviaors at its Wice in Room 106, County Administration Building, 651 Pine Street, Martinez* CA 94553• C. If claim is against a district governed by the Board of Supervisors., rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E.` Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp PAULA EDMONDS � RECEIVED CONTRA. COSTA COUNTY �.. Against the county of Contra Costa MAR 10 ZOOO or �} 6LERK BOARDOF SUPERVISORS District) CONTRA COSTA CO. 1 in name The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named. District in thesum of $ 5 0, 4 0 0 :a 0 and, in support of this claim represents -as follows: 1. When did the damage or injury.occur? (Give exact date and hour) September 24, 1999 B. Where did the damage or injury occur? (Include city and county) Contra Costa County Animal Services Control Center• 4849 ' Imhoff glace, Martinez, California 3. How did the damage or injury occur? (Give full details, use extra paper if required) Cla.imant .and her husband were taking their cat and dog to be.' vaccinated at the Contra Costa County Animal Services Control Center clinic. for rabies Claimant went into the back .to look at the animals, petted dogs and got licked. 4. Tmtt particular act or omission on the part of county or district officers, ' servants or.emplo caul e.inury o . ? Claimant received certa ie letter from -Ounty on October 18, 1999 advising of a rabies infected puppy that was not in ,.quarantine. Claimant received a hand delivered letter from the County accepting responsibility for health costs. S. what are the r=es of county or district officers, servants or employees causing 3 the damage or injury? Unknown employee,/employees , of' Contra Costa County -Animal Control, Center. 5. What damage or, injuries do you claim resulted? (Give fUl]. extent of inJurl-qs or damages claimed. Attach two estimates, for auto damage. Mental and emotional anguish and fear of possible rabies, rain and . suffering from seri.es. of rabies. shots. Damages claimed. $50, 000 . 7. How vas the amount claimed above computed? (Include the estimated amount of any prospective injury or e.) Cost is unknown at this time, but is estimated to be $1,000. 00 Names and a(gresses .of witnesses, doctors and hospitals. Kaiser Permanente Kaiser Number. 0247774 915 Sereno Drive Vallejo, ' CA 94589-2485 9• List the expenditures you made on acoount of this accident or injurys. DATE ITEM AMOUNT . 6 Rabies Shots $1, 000 estimated Gorr Code See..•9113:2 Orovides; "Ibe claim must be signed by the claimant SEND NOTICES TO: (Attcaride ) or. g..b®half." Name and Ad+iress of Attorney CRAIG L. JUDSON B61d, Polisner, Maddow, Nelsons Signature & Judson Craig L. J s , attorney or Paula Edmonds a ,Profes,sional Corporation 307 Deper i Drive 500 Ygnacio Valley Road, #325 Address Walnut Creek, California 54596 (925) - 933 .7777 Crockett, CPy 94525 Telephone. No.(_925) 933-7777 Telephone No.* (5.10) 787-1758 * NOTICE ' lection 72 of the'Penal Code provides "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, ar to any county, city or district board or Officer, authorized to allow or pay the same if .genuine, any false or fraudulent claim, bill,, aagount, voucher, or smiting, is-punishable either by imprisonment in the county jail-for a period of not more thsn cane year, by a fine of not exceeding one thousand ($1,000)„ 6r by'both suchimprisonment and`fine =`or•by impr isormnt in the state prison, by a tine of not exceeding ten thousand,doll,ars ($10,000, or by.. both such imprisonment and fine. BOLD, POLISHER, MADDOW, NELSON cS J UDSON A PROFESSIONAL CORPORATION ROBERT B, MADDOW SOO YGNACId VALLEY ROAD, SUITE 32£5 .JEFFREY 6. POLISNER CARL P A. NELSON 001 COUNSEL CRAIG L. JUDSON WALNUT CREEK, CALIFORNIA 94596-3840 THOMAS N. STEWART, II) FREDERICK IEC) JR. TELEPHONE f92S) 983-7777 {RETi REO) TELEFAX (925) 933-7604 March 9, 2000 RECEIVED Sent by U.S. Certified Mail 2416957237 MAR 1 0 ?000 CLERK BOARD OF SUPERVISORS CON RACOSTACt7. Board Supervisors Contra Costa County Administration Building, Rm.#196 651 Pine Street Martinez, California 94553 RE: PAULA EDMONDS DATE OF ACCIDENT: SEPTEMBER 24 1999 Dear Sir/Madam: This firm has been retained by Paula Edmonds for her claim against the CONTRA COSTA COUNTY. Enclosed please find the County Claim farm for Ms. Edmonds`s claim. Please have the risk manager contact me. If you have any questions do not hesitate to call me. Yours very truly, CRAIG .J ON CQ:baa Enclosure as noted. cc: Client ,/ Fr f f 111Y 5 i° V r i N r � p n � O i t1> �o o O m � G CJ 0 N UM CL "ds taR r � yy A ArN- � 0th Un cn r CILAINI C4 ( q BOARD OF SUPT ORS OF CO IRA (,C'I`A COCTl'jns CAT=iFtMU BOARD_A001 APRIL 18, 2040 Claim Against the County, or district Governed by ) the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Governrnent Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 4 : 915.4. Phase note all "Warnings". AMOUNT: $50,044.44 w , CLAIMANT: Alexandra Haag CC,UNS' L ATTORNEY: c/o Michael L. Alderson DATE RECEIVED: March 21, 2000 3260 Blume Drive, #410 ADDRESS: Richmond CA 94806 BY DELIVERY TO CLERK ON: March 21, 2000 BY MAIL POSTMARKED: Hand-Delivered L FRONL Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 21 2000 PHIL BA HELOR, Cle Dated: ' By: Deputy tJr IL FROM- County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ,J & By: ; _ _ / r1 __ Deputy County Counsel 11L FRONL Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER.- By unanimous vote of the Supervisors present: { This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 9-W- PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so r' amediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NIAILJNG- - I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez„ California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated. a�By: PHIL BATCHELOR By� , Deputy Clerk CC: County Counsel County Administrator FEB-03-2000 16:11 CONTRA COSTA CTY RISK MGT P.01/02 Claim to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY r ` INS2MfT1OkJS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100* day stater the accrual of the cause of action. Claims relating to causes of action for death or for injury to person-or to personal property or growing crops and which accrue on or atter January 1,IM,must be presented not later than six months after the accrual of the cause of action- Claims relating to any other cytase of action must be presented not later than one year after the accrual of the cause of action. (Govt.Code 1911.2.) D. Claims must be filed with the Clerk of the Board of Supervisors at its office in Roots 146, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. fid. See penalty for fraudulent claims, Penal Code Sec.72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp ALEXANDRA HAAC ) Aguintt the County of Contra Costs RE IVSD . xMC AND MAR . 12000 ANIMAL SERVICES DETDT. District) 0 (FUI in Dame) CLERK CON TRAOCOSTACOV159R5 The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S 5 0, 0 0 0,and in support of this claim represents as follows: 1. When did the damage or injuryoccur" (Give exact nate and Hear) ) September 21, 1999,.. ax�proximately 10 :3;0 �,:m, 2. Where did the da stage or injury ssccur? (include softy imd Consity) Martinez , California, -- Martinez Animal • Shelter -----...................................-..................---------------------------- 3. How did the damage orinjury occur? (Give nen details;roe*%tra paper srrequired) Claimant was exposed to rabid animals at Animal Shelter. 4. What particular actoromission on the part of county or district officers, servants, or employees caused the injury or damage? County, District Officers 'and employees failed to adopt and/or observe adequate safeguards to prevent exposure of visitors to, rabid animals; County, District Officers and employees acted negligently and with conscious disreelard for the safety and feelings of visitors who were exposed to rabid animals. xC4 X$ PSH-03-2000 16:11 CONTRA COSTA CTY RISK MCT P.02/02 � 5, 'What are the names of county or district officers,servants,or employees causing the damage or injury? � "Unknown at this time. ----__ --__--_--__--------------------�-__-----_____._...- ............... 6. What damages or injuries do you claim rtstllted? (Give fun extant of tumults or dam les clammed. Affach t~o ewmat"for •ted° 'ase.) Claimant was exposed to rabies, advised of exposl4rQ 7,-=Lte and underwent painful, frightening injection treatments to combat the disease; claimant was present when her mother was exposed, advised of exposure and underwent injection treatments. a 7. How was the above claimed amount computed? (Include ties aduseted smoent.of Busy prospective to fmro or duomse.) Claimant experienced approximately $1, 000 . 00 in economic losses for transportation to treatments and job absences; the balance of the claim is for non—economic losses. S. Names-and addresses of witnesses,doctors,and hospitals. Martinez Animal Shelter employees and operators ' F-lartinez, California Felly Maria Staff and medical personnel at John riuir Hosnital 9. _List the expenditures you made on account of this accident or injury: A 10/13 to 11/15 Travel expenses for 6 trips to John Muir Hospital, approx. .$50 . 00 over-the-=counter medications, approx. 25. 00 k i= 'is * # ie iek k # k !t # # # # it # aY sh f4k k # 14 i1 # i+ kk k # k # # * * air ie !§ Yrksrkk * x # # i, * YC * * Gov. Code Sec.910.2 provides: "The claim must be signed by the claimant ' SEND NO'T`ICES TO: (Attorney) or by some person on his behalf." Michael L. Alderson, 3260 Blume Drive 410 Rich_ CA 942D-6 Name and Address of Attorney / • ( smut o SI atur ) -3260 Blurne Drive, Suite 410 (Address) Richmond, CA 94806 Telephone No. 510-262-2100 Telephone No. 510-262-2100 NOTICE Section 72 of the Penal Code provides: "Every person who,with Intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district hoard or officer,authorized to allow or pay the some if genuine,any false or fraudulent claim,bill, account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding erste thousand dollars ($1,000),or by both such Imprisonment and fine,or by Imprisonment In the state prison,by a fine of not exceeding ten thousand dollars($10,000), or by both such imprisonment and fine. TOTAL P.O2 ` CLAIM OtO BOR OF SLT YJMSORS OF CONTRA COSTA COUNTIo CALTI�'1 NIA BWO Am( APRIL 18, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given - - -�- -' pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: '$150,000.00 -y c 0 U N CLAIMANT: Michael T. Johnson ;b, i t �w.4 CALL' ATTORNEY: c/o Graham Noyes DATE RECEIVED: March 20, 2000 Attorney at Law ADDRESS: 368 Hayes Street BY DELIVERY TO CLERIC ON: March 20, 2000 San Francisco CA 94102 BY MAIL POSTMARKED: March 18, 2000 L FRObt Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. March 20' 2000 PHIL BATCHELOR, Clerk Dated: By: Deputy :r R FROM: County Counsel TO: Clerk of the Board of Supervisor ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: By: --Deputy County Counsel El FROM: Clerk of the Board Ta County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BOARD ORDER: By unanimous vote of the Supervisors present: ( Ibis Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: `11 PHIL BATCHELOR, Clerk, B , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF AL4nJ NG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:A 32 i Pi JJ By: PHIL BATCHELOR By > Deputy Clerk CC: County Counsel County Administrator BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �xa� INSTMIICTIQNS TO-CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100a'day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of inn Distract Should be in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Against the County of Contra Costa or ) MAR 2 0 2000 Gs,;r District) CLE.RKE q (Fill inn me) ) CRA CCS EA CO. } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district 1n the st,im of$ ,-,V ar,.3 . s€:}'9 CiA.�'�f*�'.i3 .^.lal"X:reprneg±►te as fb11ows: 1'. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) .�'v��,��� �✓ems ' �' !�' �� �,y. 3. How did the damage or injury occur? (Give full details;use extra paper if required) ',mss � ,///��.''� car ,c`✓✓„�;�',;�jr' ��� c✓v� •'��r✓ s 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? I/ 1 5. What are the names of county or district officers, servants, or employees causing the damage or injury? e tf�1 a'---,2 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) y ,,� C ,-,-,dam Jr �G ' '44 �'' x f��Gr'id,�i G �.+��yr.✓,3 7_ How was the amount claimed above computed? (Include the estimated amount of any prospe(tive injury br damage.) 8. Names and addresses of witnesses, doctors, and hospitals. 9. hist the expenditures you made on account of this accident or injury. DATE TIME AMOL..�7VT Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his behalf." SEND NOTICES IQ:. (Attomey Name and Address of Attomey ) laimant's Signature) (Address) Telephone No.h//.sem`- )Telephone No. NOTICE Section 72 of the Penal Code provides: Every person who, with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. / J) f J,"�yyr.dcfY {-, `A 1p t 0 CLAIM C', � ! BOARD OF SITEMISMS OF CMTRA STA CQ7 11'1T I'Y. CALEFORNIA BOARD ACTtAPRIL 1s, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mEdled to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and AX Q► 515.4. Please note all "Warnings". AMOUNT: $100,000.00 MAR I �o 70 CLAIMANT: Staci L. Jones tM p NEZCAUF ATTORNEY: c/o Daviel J: Holcomb, Esq. DATE RECEIVED: March 16, 2000 500 Ygnacio Valley Road, Ste. 250 ADDRESS: Walnut geek CA 94596 BY DELIVERY TO CLERIC ON: marcb 16, 7onn BY MAIL POSTMARKED: Hand-Delivered L FRONL Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BAT 1: LOR, Clerk Dated: March 16,__2000 By: Deputy . IL FRONT: County Counsel TO: Clerk of the Board of Supervisors ( � iris claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: / 7-0 By: 2 � Deputy County Counsel Ill FRONT: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: (E .7,Q� PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF AIAIL NG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: : ,.,' � y: PHIL BATCHELOR By - —Deputy Clerk CC: County Counsel County Administrator � t9 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1957, must be presented not later than the 100`h day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1955,must be presented not later than six gWths after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2.) B. Claims mast be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp > RECEIVED Against the County of Contra Costa MAR 16 2000 or UPERVISORSCL 7 CONTRA CO TACO. District) (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S 4wand in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact bete and Hour) (16 ) =—_� ` ----------1l��WAf --41-0114R------- J t -- i 2. Where did the damage or injury occur? ( clude City end County) J 64,) �ej 3. How did the damage or injury occur? (Give ill details;use extra paper ff required) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? c75 �I t f-duo,� Ll-�ewvv- 5 JW(di fW 4A I I cry hdA1\1"RO(Kredt) vNe I � � o . ~ f Lo,, •auj;puu;uamuosixdmj qa��s q;oq Sq xo `(000`tli$) sxujjop puusnoq;ua;gujpaaua ;ou jo aug u xq'uosxad a;u;s aq;uY;uamuosudmj Sq xo'auU pure ;uamuosudmi qans q;oq Sq jo 1(00011$) sxujjop puvsnoq; auo 2uipaaaxa ;ou 3o auU u Sq 'xuaxauo usq; axom jou jo porxad u xoj jjuf Slum)aq; uj;uamuosudmi fiq xaq;ia ajgogstund sj'2upLxAt xo CxaganoA';unoaau 'jjjq 'ulmja ;uajnpnux;xo asju3 Suu 'aujnua3 jj amus;)q;Sud xo A+ojju o;pazixoq;nu'xaaUjo xo pxuoq;aulsip xo 9113 'd;unoa gut, o;xo'xaag;oxo pxnoq a;u;s duu o;;uacuSud xo3 xo aauvmonu xo3 s;uasaxd'pnBx;ap o;;ua;ui q;tAt logm uosxad ICxaAa„ :sap[Aoxd apoj juuad aq;;o ZL uoi;aas �aI10N •ox auogdajay y> •cu auogdajay l� ss pp 969176 VO '�aejo;nu!eAA 09Z al!n5 'peoN hapen oioeuBA 009 axn;uuai s�; m[ej ) )Vvv;�?,r, 44 Sauxa;;V;o ssaxppy pure aurum `31egaq siq uo uosxad amos Sq xo (sauxouv) :pZ sailtom aNas ;uummja aq;Sq paugis aq isnm miuja aql,, 1 1 , f t xs p 0t Z`016•aag apo •nod J,Naowv Wall :Sjnfui xo;uoptaau siq;3o;unoaau uo apum noS saxn;jpuadxa ag;;stZ •6 •sju;idsoq pule'sxo;aop'sassauj!mjo sassaxppu pun samum •g --9 ier (•a3eumep xo•{xnpqanpaadsoad,fue fo iurug paagurlpsa arg apnpuI) 4pa;ndmoa;unoum PaUlfRI4 aAoqu aq;sum A&ojd •L K, OV V- 7 t V I C A `I (� �( a�gucgp acne xo3 sa urpsa osy 1ps4v panr4sla sasump xo sopnftq jo Iuagxa llru a,To) Zpa;jnsax mjuja noS op saunful xo satuulup ;ugAt '9 lle�41110vl 'Wf *c)) nful to agumu a ;Sulsa saadojdma xo's;us Jx`as'sxaaWo;au;sjp.10 fi;unoa 3o saumu OVaxu;ugAt "S p q nu CI AIM X BOARD ACTICMt APRIL 18, 2000 Claim Against the County, or District Governed by 1 the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. 1 notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below, Oven 77�111pursuant to Govemment Code Section 913 and °`�' " � 915.4. Please note all "Warnings". AMOUNT: $50 000.00 A 911 � CLAIMANT: Kelly Marr - ..-.UNSEL (tri-! 4::Z CALIF. ATTORNEY: d/o' M chAel,L. Alderson DATE RECEIVED: March 21, 2000 3260 Blume Drive, x#410 ADDRESS: Richmond CA 94806 BY DELIVERY TO CLERIC ON: March 21, 2000 BY MAIL POSTMARKED: Han(i-1)p13y rpd L FROft- Clerk of the Board of Supervisors M. County Counsel Attached is a copy of the above-noted claim. March 21 2000 PHIL B IIELOR, Cle Dated: By: Deputy IL FROM County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a Iate claim (Section 911.3). ( ) Other: r Dated: By: i Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDE3b By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: l C1 PML BATCHELOR, Clerk,, By Deputy Clerk WARNING (Gov. code section 913) :.subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an atWrney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. '*For Additional Warning See Reverse Side of This Notice. ..�. AFFIDAVIT OF MAnJNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: t 9 kL By; FHIL BATCHELOR By- puty Clerk 19 CC; County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. PSB-03-2000 16:11 CONTRA COSTA CTY RISK MGT P.01/02 'Claim to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSMUCTIONS TO CLAIMANT A. Claims.relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100* day sifter the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing ernes and which accrue on or after January 1,1M,must be presented not later than six mondu after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 1911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office In Room 146, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Sec penalty for fraudulent claims, Penal Code Sec.72 at the end of this form. � � � x * � � * * :� * � �r �r * � * u * * � ,� � � � * ,► ave ,v . ;� � ,� � �. ,� � x � * * ,� �e * � * * * * x �e * * +� RR: Claim by } Reserved for Clerk's Filing Stamp KELLY MARIA ) RGCC�Ir�VVGD G Against the County of Contra Costar MAR '? 1 2000 d MAA AND CLERK BO RD OF SUPERVISORS CONTRA COSTA CO ANIMAL SER'(ICES DEPTiNstrict) (Bill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S 5 0 , 0 0 0 and in support of this claim represents as follows: 1. When acid the damage or injury occur? (Clive eu. d nate and Hour) September__21, -19�99�__ pP 4 s �.v_.J:(1 3t1 .m---------------............. 2. Where did the damage or injury(occur? (1ndude city sad Conoity) Martinez, California - .Martinez Animal Shelter ---------------- 3. How did the damage or injury occur? (Gave Bull dotx&;use extra paper if required} Claimant was exposed to rabid animals at Animal Shelter. ------------------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? County, District Officers and employees failed to adopt and/or observe adequate safeguards to prevent exposure of visitors to rabid animals; County, District Officers and employees acted negligently and . with conscious disregard for the safety and feelingqbW40 of visitors who were exposed to rabid animals. FEB-03-2000 16:11 CONTRA COSTA CTY RISK MGT P.02/02 s 5. .Whst are the names of county or district officers,servants,or employees causing the damage or injury? Unknown at this time, �� - ... _ ...__.-_.r _...........___....................................I---------------"--_-.._. s. What damages or injuries do you claim resulted? (Give hu eximt ofinjwda or dams=is dshw& Attach two a .ta for aatuws�a) Cgaimant was exposed to rabies, advised of exposure late .and .un^lerwent painful, frightening injection treatments to combat the disease; claimant was present when her daughter was exposed, advised of exposure and underwent injection treatments. 7. How was the above claimed amount comparted? (iudude the s�tim�d eatow�t of nny proap+ettvr��or 8:mn�e) Claimant experienced approximately $1, 000 . 00 in economic losses for transportation to treatments and job absences; the balance of the claim is for non-economic losses. a. Namesandaddresses of witnesses,doctors,xnd hospitals. Martinez Animal Shelter Employees and ©perat8i's,"Martinez, California. Alexandra Haag. _ Staff and medu.cal personnel at John Muir Hospital. _.- 9. Lief the expenditures you made on accouust of this accident or injury: I1AT1t rrym ASQ'CN 10/15 to 11/15 Travel expenses for 6 trips to John .Muir Hospital, approximately $50. 00 * wa* * hwrexn*t wesr - r3r '�I w + i� ' 1r ,rV,� '` •�� it " Gov. Code Sea 910.2 provides: "The claim must be signed by the claimant S1.ND NoncES TO, fAttorney) or by someerson Michael L. Alderson 3260 Blume Dr' e !?4-LO and CA 94306 Name and Address of Attorney (Claimant—'s Sipature) 3260 Blume Drive, Suite 410 (Address) Richmond, CA 94906 Telephone No. 510-262-2100 Telephone No. 510-262-2100 war * �e * * x * ,car ,aww ,� �rr, wwwwr� � a ,e * * �rwavwwwx * x ,ex �e * was * * * # � * * w # * w * w NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county, city or district board or officer,authorized to allow or pay the some if genuine,any fain or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a flee of not ezeeeding one thousand dollars ($1,000),or by both such imprisonment and fine,or by Imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(510,000), or by both such imprisonment and fine. TOTAL P.02 (q CLAIM t ]BOAM OF SYIpE MMORS Of C TETRA COSTA WIMs C.AI BOARD AC'171 1t APRIL 18', 2000 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, ! NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Govermrlent Codes. I notice of the action taken an your claim by the Board of Supervisors. (paragraph IV belovO, given pursuant to Government Code Section 813 and 815.4. Plow note all '"Warnings". AMOUNT: $1,000,000.00 , 0,UNSEL CLAIMANT: Rafael McCorkell ""INS i CALIF. ATTORNEY: 6/6 Martinez Detention I AciliUfATE RECEIVED: March 21, 2000 C Module, Room #17 ADDRESS: 901 Court Street BY DELIVERY TO CLERK ON: March 21, 2000 Martinez CA 94553 BY MAIL POSTMARKED: March 16, 2000 L FROM- Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BA E .LOR, Cier, rj Dated:— March 21, 2000 By: Deputy. �,�✓✓ 3. FROM .County Counsel TO: Clerk of the Board of Supervisors { This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: " By: Deputy County Counsel III. FTtO1VL• Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BOARD ORDER.- By unanimous vote of the Supervisors present: { This Claim is rejected in full. { ) Other, I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: _ 00-.PHIL BATCHELOR, Clerk, By_ � Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFTWAVfI`OF MAIMG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: C? By: PML BATCHELOR By912 = r deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Clarnl to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 10&day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or,growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause'of action. (Gov't Code 91 I.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 136, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. B. raud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RB: Claim By Reserved for Clerk's filing stamp MAR Against the County of Contra Costa or } d 21 COQ District) t i..rt WS A i.-0. (Fill in name) } The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of S. 1 r ? y and in support of this claim represents as follows: 1. When did the damage or injury occur?(Give enact date and hour) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details, use extra paper if required) 4. ' What particular act or emission on the part of county or district officers, servants, or employees caused the injury or damage? i 5. 'What are the names of county or district officers, servants, or employees causing the damage or injury? b. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) �::.. , n 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or g .) dame a <-...� 8. Names and addresses of witnesses, doctors, and hospitals. 9. List the expenditures you made on account of this accident or injury. N t ' BATE M& AMOK Gov. Code Sec. 910.2 provides"The claim must be signed by the claimant or by some person on his behalf." NOTICESSEM Name and Address of Attorney ) t (Claimant's Signature) (Address) ) z Telephone No. )Telephone No < < NOTICE Section 72 of the Venal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. ............................... . .............................. . ........................... . dE ... ...n 1._ ..... J .. k ............................ a � ......................... ........................... . .-{;.. 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S lowl" jon _. y q! in, '....... . ... .,,.... ... ..-” --.. ._ .. .............. is �'• c.�� '. • ffE1 aft _ 3 p +s +•. 4.... .... ... �. .w....�.F M a q _. > O:>r ,, �ti ', . tr ���� .' � � ♦+�f �� �`� ' � _ � � b � ��-: .'[�ti .r�'" i� �} �� t'*� � r jy \j t J '�,..✓ c ;,ir Et 1 ��� � � � � �. `�: � �" N _� �bp� _� '� � . �,�- , . ._� ,i� �� <... � .�� � � $r �,.. ~�s�`; �' } ';� �� ', `,• ` .`. ,"� �,,' _.r CIAINI C,t ' ROARD OF�SITM&MORS OF CONTRA COSTA COUNTY, CAL1f1NY1 IA BOMB AC710APRIL 18, 2000 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this t Dmmnt mailed to you is your California Government Codes. I notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV belowl, given -L pursuant to Government Code Section 913 and 915.4. Plow rote all "Wernings". AMOUNT: A roximatel 9 500"000:`00 t PP Y I { 7 9 ca-d�+4/}'�1,.fF s v:tn""s CLAIMANT: Patterson Environmental Response Trust ATTORNEY: c/o William H. Koch DATE RECEIVED: March 21, 2000 ADDRESS: Downey, Brand, Seymour & RohwerBy DELIVERY TO CLERK. ON: March 21 , 9000 555 Capitol Mall, 10th Floor Sacramento CA 9+518-4686 BY MAIL POSTMARKED: March 20, 2000 L FROM Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. March 21 2000 PHIL B HELOR, C e k Dated: , By: Deputy IL FROM: County Counsel 1`aO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. { } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated; _ By: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDETL By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: ' c910I0PHIL BATCHELOR, Clerk, By 01!� , Deputy Clerk r WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in �%e mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAIIIN+G I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez„ California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELOR By _g' Deputy Clerk CC: County Counsel County Administrator WILLIAM H.KOCH ATTORNEYSLLP wkoch@dbsr.com ESTABLISHED 1926 555 CAPITOL MALL 10TH FLOOR SACRAMENTO,CA 95814-4686 TELEPHONE(916)441-0131 March 20, 2000 FAX(916)441-4021 Contra Costa County 11, � Office of the Cleric of the Board a 651 Pine Street MAR 21 2000 Martinez, California 94553 Re: Claim Dear Sir or Madam: Enclosed please find one original claim and one copy for filing on behalf of the Patterson Environmental Response Trust and the additional individual claimants identified in Exhibit A (the "Trust") pursuant to California Government Code Section 905 et seq. An additional copy is enclosed to be endorsed and returned to this office. Please file the original, conform the copies, and return our one (1) copy in the stamped self-addressed envelope 1 have provided for your convenience. If you have any questions, please call the undersigned. Sincerely, DOWNEY, BRAND, SEYMOUR & ROHWER LLP Wendy A. H t, Assistant to, William H. Koch k51GBml Enclosures WILLIAM H.KOCH ATTORNEYS • LLP wkoch@dbsr.com FsrndusE{ei�1926 555 CAPITOL MALL 10TH FLOOR SACRAMENTO,CA 95814-4686 TELEPHONE(916)441-0131 FAX(916)441-4021 March 20, 2000 E _ a VIA CERTIFIED MAIL(RETURN RECEIPT REQUESTED) MAR 12000 5 Contra Costa County CLc��idC�C)ARD r "t' ... Office of the Clerk of the Board of Supervisors Cr!iF [ r' , 651 Pine Street Martinez, CA 94553 Re: Claim against Contra Costa County Dear Sir/Madam: The Patterson Environmental Response Trust and the additional individual claimants identified in Exhibit A (hereinafter collectively referred to as the "Trust") hereby make this claim against Contra Costa County(the "County") pursuant to California Government Code Section 905 et seq. Summary The Trust has claims under both federal and state law against the County relating to the Trust's funding of the removal of hazardous materials at an abandoned waste oil storage facility known as the PRC Patterson, Inc. facility(the "Site"), located at .13331 North Highway 33, Patterson, Stanislaus County, California. The Trust is seeking contribution and partial indemnity, including interest, under both state and federal law from the County for the County' s equitable share of the costs for removal and proper disposal of the hazardous materials and other products at the Site. Records from the Site indicate that the County contracted with PRC Patterson, Inc. for the disposal of waste oil, oily wastewater, sludge, or other waste, and these materials remain at the Site. Site Description The Site is located approximately two miles north of the City of Patterson, California. It is surrounded by agricultural land. Facility operations began in the early 1980s by Recycletron Oil, Inc. ("RCI"), doing business as Refineries Services. RCI recycled waste oil and oily water. In 1989, RCI merged with Contra Costa County Office of the Clerk of the Board of Supervisors March 20, 2000 Page 2 Petroleum Recycling Corporation. Shortly thereafter, a wholly separate corporation, PRC Patterson, Inc., was formed. The Site operated continuously until sometime in 1997. According to the EPA's records, the Site received well over one hundred million (100,000,000) gallons of waste oil, oily wastewater, sludge, used oil filters, or other waste from several thousand customers (i.e., Potentially Responsible Parties, or"PRPs"). The County has been identified as one of these PRPs. Regulatory Involvement at the Site On August 13, 1998, the EPA issued Unilateral Administrative Order("UAO") No. 98-12 ( "UAO 98-12") pursuant to section 106 of CERCLA, 42 U.S.G. § 9606, to 53 separate entities. A copy of UAO 98-12 is attached hereto as Exhibit B. The entities named in UAO 98-12 are persons or entities who the EPA identified at the time of the Order as transporters or generators of waste oil, sludge, or oily wastewater, who sent these materials to the Site between 1980 and 1997. On November 24, 1999, the EPA revised UAO 98-12 by issuing UAO 98-12A. A copy of UAO 98-12A is attached hereto as Exhibit C. An additional 107 PRPs were named in UAO 98-12A, which otherwise contained the same general terms as UAO 98-12. These combined orders (the "EPA Orders") require those named PRPs to take immediate action to prevent and contain any release or potential release of hazardous substances and material from the Site.i By their terms, the EPA Orders apply to and are binding upon all of the entities named and their agents, successors, and assigns. Twenty-two of these entities are cooperating with the EPA to effect the requirements of the EPA Orders. To this end, these entities formed the Patterson Environmental Response Trust to fund the required work. The EPA ordered all PRPs to perform the specific work set forth in the EPA Orders. As stated above, only the Trust, on behalf of its members, is actively complying with the EPA Orders although other PRPs have settled their liability with the Trust and are, thus, deemed by EPA to be in compliance with the EPA Orders. ' At this time, the EPA Orders do not address soil and/or groundwater contamination, which could become an issue in the future. DOWNEY BRAND SEYMOUR&ROHWER LLP Contra Costa County Office of the Clerk of the Board of Supervisors March 20, 2000 Page 3 The work that the EPA ordered performed includes, but is not limited to: • Submitting monthly progress reports regarding the work at the Site. • Submitting a Sampling and Analysis Plan for the materials at the Site, a Health and Safety Plan, and a Contingency Plan. Submitting a Tank and Drum Removal Work Plan, which shall include among other things: a plan for removal of the contents of all storage tanks and drums containing liquid, sludge or solid material; a description of the methods for removing the liquid, sludge and solid materials from the tanks; a description of treatment to be performed on the waste; and a plan for decontamination and/or demolition of all of the tanks. • Requiring the PRPs to complete these tasks outlined in the aforementioned plans under the terms of the EPA Orders. • Providing Site security. Legal Basis For Claim The Trust commenced the work required under the EPA Orders in September 1998. Since that time, the Trust has been engaged in identifying PRPs who transported or generated at least 5,000 gallons of waste oil, oily wastewater,or sludge that went to the Site from 1980 through 1997. Review of hazardous waste manifests in the California Department of Toxic Substances Control files, as well as shipping documents at the Site, reveal that the County purportedly contributed 7,830 gallons of such material to the Site. A copy of the Transactional Summary Report, detailing the basis for the volume attributed to the County, is attached hereto as Exhibit D. The County is jointly and severally liable for all response costs under CERCLA. Additionally, under the Carpenter-Presley-Tanner Hazardous Substance Control Account Act, California Health and Safety Code sections 25300-25395, the Trust is entitled to indemnification from the County for all response costs, in whole or in part, based on Health and Safety Code section 25363. Under other various state DOWNEY BRAND 5EYMOUR&ROHWER LLP Contra Costa County Office of the Clerk of the Board of Supervisors March 20, 2000 Page 4 law theories (e.g., contribution, equitable indemnity, unjust enrichment, negligence, etc.), the County is also responsible for its equitable share of the waste at the Site and is, therefore, liable to the Trust for an equitable portion of the cost for removing and disposing of the waste that the County sent to the Site. The County is also liable for a portion of the "orphan share." The orphan share is that volume of waste that is attributable to PRC Patterson, Inc, the owner of the Site, or was sent to the Site by entities or persons who are now defunct or bankrupt, or entities that the EPA is unable to locate. It also includes generators and transporters who are too small for the EPA to effectively and efficiently identify and pursue. Moreover, the County is liable for related response costs, including those associated with the identification of other PRPs. Amount of Claim The Trust continues to expend funds to remove the hazardous materials from the Site and to dispose of these materials at approved facilities. The EPA earlier estimated the cost of removal to be approximately Nine Million Five Hundred Thousand Dollars ($9,500,000). The Trust estimates response costs to be slightly higher. The Trust claims Seven Million Two Hundred Fifty Thousand Dollars ($7,250,000.00) for costs incurred to date and approximately Two Million Two Hundred Fifty Thousand Dollars ($2,250,000) for future costs. Because the removal work is ongoing, the final claim figure is subject to increase, based on the actual, final costs for the removal work. An explanation of how the dollar amount claimed was computed is contained in Exhibit E. Although the County is jointly and severally liable for the full amount, the County's anticipated pro-rata share of this amount is estimated to be $4,732. Incident Date The Trust's claim for contribution and partial indemnity commenced on August 16, 1999, when it first learned of the County identity from data provided to the Trust's outside consultant by the EPA and its outside consultant. The Trust has continued to incur damages daily since that date, as the work to cleanup the Site z Due to the amount of the claim, this is not a "limited civil case." Cal. Gov't Code § 910. DOWNEY BRAND SEYMOUR&ROHWER LLP A X1. Contra Costa County Office of the Clerk of the Board of Supervisors March 20, 2000 Page 5 has been on-going. The Trust has and continues to pay for that portion of the clean-up that is the responsibility of the County. Section 911.2 of the Government Code specifies two time periods for filing claims based on the nature of the claim. The time for filing a claim for"death or for injury to person or to personal property or growing crops" is six months. The claim at issue here is not for death, personal injury, injury to personal property or injury to growing crops. The time for filing a claim"relating to any other cause of action" is one year. The term"any other cause of action" includes claims for injuries to real property. Wheeler v. San Bernardino (1978) 76 Cal.App.3d 841, 846. More importantly, the term also includes claims for indemnity under CERCLA for response costs to clean-up hazardous waste sites. Wickland Oil Terminals v. ASARCO, Inc. (N.D.Cal.1987) 654 F.Supp. 955, 961. The one-year time period contained in Section 911.2 of the Government Code applies to the above-referenced claim. The Trust's claim is, therefore, timely. Notices Regarding This Claim Please send all notices, correspondence or questions involving this claim to the f g ly, H. Koch 4L WHK:neg 131305821 Exhibits cc: Patterson Environmental Response Trust DOWNEY BRAND SEYMOUR&ROHWER LLP EXHIBIT A CLAIMANT CLAIMANT: PATTERSON ENVIRONMENTAL RESPONSE TRUST c/o William H. Koch Downey, Brand, Seymour& Rohwer 555 Capitol Mall, 10`'Floor Sacramento, California 95814 (916) 441-0131 ADDITIONAL CLAIMANTS: MEMBERS OF THE PATTERSON ENVIRONMENTAL RESPONSE TRUST (listed below) 1. Union Pacific Railroad Company 2. Petro Stopping Centers, L.P. Mailing Address: Mailing Address: 10031 Foothills Blvd., Suite 200 6080 Surety Drive Roseville, CA 95747 El Paso, Texas 79905 3. Continental Maritime Industries, Inc. 4. Time Oil Company Mailing Address: Mailing Address: 1995 Bay Front Street 2737 West Commodore Way San Diego, CA 92113 Seattle, WA 98199 5. Alameda Contra Costa Transit District 6. Rockwell International Mailing Address: Mailing Address: c/o Ropers, Majeski, Kohn &Bentley 1201 South 2d Street 1001 Marshall Street Milwaukee, NI 53204 Redwood City, CA 94063 #313376.1 c Pa H cr � 7. Pacific Telesis Group 8.Primex Tactical Systems, Inc. Mailing Address: Mailing Address: 2600 Camino Ramon Primex Tactical Systems c/o Room 3EOOOU Primex Technologies San Ramon, CA 94583 10101 9"Street North St. Petersburg, FL 33716-3807 9. Owens-Illinois, Inc. 10.National Steel and Shipbuilding Company Mailing Address: Mailing Address: 1 Seagate Building 25 P.O. Box 85278 Toledo, OH 43666 San Diego, CA 92186-5278 11. Matson Navigation Company, Inc. 12.Hunt-Wesson, Inc. Mailing Address: Mailing Address: P.O. Box 7452 1645 West Valencia Drive San Francisco, CA 94120 Fullerton, CA 92833-3899 13. Union Oil Company of California 14. Texaco, Inc. Mailing Address: Mailing Address: 376 S. Valencia Avenue 2255 N. Ontario St. Brea, CA 92823 Burbank, CA 91504-7756 15. Homestake Mining Company of 16. Santa Clara Valley Transit Authority California Mailing Address: Mailing Address: 650 California Street 3331 North First Street, Bldg. C-2 San Francisco, CA 94108 San Jose, CA 95134 #313378.1 17. The Burlington Northern and Santa Fe 18. Pinole Point Steel Company, Inc. Railway Company Mailing Address: Mailing Address: 3017 Lou Menk Drive c/o Thelen, Reid & Priest Fort Worth, Texas 76131-2830 333 West San Carlos Street San Jose, CA 95110 19. Lassen Gold Mining, Inc. 20. BP Exploration & Oil, Inc. c/o Kinross Gold USA, Inc. Mailing Address: Mailing Address: P.O. Box 365 c/o Cheryl Foerstner Adin, California 96006 Brouse McDowell 1001 Lakeside Ave. Cleveland, Ohio 44114-1151 21. Dolt of California 22. 10 Minute Lube `N Oil Mailing Address: Mailing Address: c/o Geoffrey O. Evers c/o Paul Langley Law offices of Geoffrey O. Evers 417 N. Golden State Blvd. 765 University Avenue, Suite 200 Turlock, California 95380 Sacramento, California 95825 #313378.1 !If A41, f� ' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 76 NMN*AM MR* San Frontline,salt mis 94IU4901 AUG is via Federal Exp w To 'See Attached List URGENT LEGAL W71 Re: CERCI.A Order 9812 pursuant to 42 U.S.C.Section 9606 PRC Pattebon Superfund Removal Site 13331 IRShway 33 Pauerson„California Dear Sir or Madam: The United States Environmental mon Apzry(''EPA'" hereby Issues the enclosed Unal&wW Administrative{hder 9812 pursuant to Section%06 of the Compznleeasiva Envuontn ental Rwponwe Compensation and Uddl ty Act("CERCI A"),42 U.S.C-Section 9606,to prevent or mitigate the imminent and substantial endannX mmnt to human health,or welfare or the environment posed by the MC Patterson facility. ' 1e Order requires that you take " immediate action to prevent and contain any release or potential,release of hazardous substances . and materials from the PRC Patterson faffity. if you have any technical questions regarding,the Order,please contact Tann Duinkelman at (415)744-2294. For any legal questions,please contact Jeanne Miss at(415)744-1317. Singly, Keith Takesa,Dimctor Su1►cttumd Division Enclosure:Unilateral Administrative Order C ERC LA 98-12 QIBIT k UNITED STATES EIVIRO Qa=ALe PROTECTION AGERCY RzrVI0K Ix IN THE MATTER OF: ) ;sae List of Parties I identified in Attachment 1 I U.S. EPA Docket No. 98-12 3 ORDER FOR PERPtVJQWCE Proceeding Under Section 106(a) I OF REMOVAL A�C.TIC K of the Comprehensive b wt ronmental I Response, Compensation and Liability) Act of 1980, 42 U.S.C. 5 9606(a) I I This Unilateral Administrative Order., (•Arder" ) is issued on this date pursuant to the authority vested in the President `of the United States by Section 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 39606(a) , as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499 (•CERC LA") . The President delegated this authority to the Administrator 'of, the United States Environmental Protection Agency (•EPA• or "Agency•) by Executive Order 12560, January 23, 1987, 52 Fed. Reg. 2923, and further delegated it to the Assistant Administrator for Solid Waste and Emergency Response and the Regional Administrators by EPA Delegation Bios. 14-w8-A and 16--14-C. This authority has been s 1 • I redelegated to the Director, Hazardous Waste Division, EPA, Region XX (*Director*) by Region IX Delegations 1290.41• and 1290.42. 7 1. This order shall apply to and be bid upon all parties listed in Attacbment 1 to this order (collectively "Respondents*) , and their agents, successors and assigns. No change in ownership or operational status will alter Respondents obligations under this order. Notwithstanding the terms of any contract or agreement, Respondents are responsible for caWliance with this order and for =ensuring that their euployees, contractors, andc=Wly with this order. Respondents shall provide a copy of this order to all contractors, subcontractors, and consultants which are. retained by Respondent(s) to perform the work required by this Order, within five (5) days of retaining their services. 2. Respondents may not convey any title, easement, or other interest they may have, either individually or collectively, in any property comprising the Site, as the term *site' is defined below, without a provision permitting the continuous implementation of the provisions of this order. . Any Respondent wishing to transfer any title, easement, or other 2 • I I interest it may have in any property comprising the Sit** shall provide a copy of this Order to any subsw&ent owner(s) or successor(s) before any ownership rights are transferred.. Any such Respondent shall advise EPA six (6) months in advance of any anticipated transfer of interest. 3. Unless otherwise expressly provided herein osr in the Definitions in Attachment 2, terms used in this Order which are defined in CERCI1 or in regulations promulgated under CERcxA shall have the meaning assigned to them in-CERCLh or In such regulations. Whenever the terms listed below are used in this Carder, or in the attachments hereto and incorporated hereunder, the fallowing deflaitions shall apply; 'CERCLX* shall mean the Comprehensive Eaviromnntal Response, Compensation, and Liability Act of 1990, as amended by the Superfund Amendments & Reauthorization Act of 1956, 62 U.S.C. 5 9601 at, fit• ` unilateral Orders or 'Order' shall mean this Unilateral Administrative Order, EPA docket number 96-12, and all exhibits attached hereto. to the event of a conflict between this 'unilateral order and any exhibit, this Unilateral Order • shall control•. 'EPA' shall mean the United States Enviarorunental 3 Protection Agency and any successor departments or agencies of the United Statex. � 'National Contingency Plan' or ',NCP" shall mean the i National Gil and Hazardous Substances Pollution Contingency Plan, pronsigated pursuant to Section 105 of CERCLi1, 42 U.S.C. 19605, codified at 40 C.F.R. Part 300. "Responxe actions' shall be those specific work items each Respondent is required to perform at the Site Pursuant to this Unilateral Order, as set forth in Section V1IX C. "Respondents• shall mean those entities listed in Attachment 1 of this order, both individually and collectively. "State" shall 'mean the State of California, and all of its political subdivisions, including the California Department Of Toxic ftbstances Control t"DTSC"7 . • *United States' shall mean the United States of America. XV. s+twnTMQ ar ,Za►= 4. a) The PRC Patterson site (the `Site".) is located at 13331 North Highway 33 in Patterson, Stanislaus County, California. The approximately 20-acre Site is surrounded primarily by agricultural land. The City of Patterson is located approximately 2 miles south of the Site. There are numerous 4 ......................... t f 4 irrigation canals located in the immediate vicinity of the Site. + Several of these canals drain into Del Puerto' Greek, which flows within a vole of the Site, Del Puerto'Greek flogs into the San Joaquin River. A Site cap is attached as Attacbment 3. b) Facility operations were commenced in the early 19801L, by Recycletron oil Inc. , (`RCt`) , a California corporation doing business as Refineries Services. RCI was a recycler of waste oil and oily water. In 1989, Recycletron oil Inc. , merged with Petroleum Recycling Corporation, a California corporation. Shortly thereafter, a wholly separate California corporation, PRc Patterson ('PRC") was formed. The Site operated continuously until sometime in.1997. c) On October 31, 1997 EPA received a verbal request for assistance at the Site from DTSG. EPA, in conjunction with DTSC, conducted a preliminary inspection of the facility on that date and :Wade the following observations: The Site had been abandoned and general site conditions had begun to deteriorate. The facility was not secured and had been heavily vandalized. Many. tanks and containers appeared to be unstable due to their age and deteriorating' condition. Several of these tanks were leaking and one of the larger tanks reportedly► had failed catastrophically in 5 i the past. ; i d) On November 18, 1997, following the receipt of a written request for assistance from DM, SPA initiated an emergency response action to stabilize these unsafe and � dayngerous conditions which presented an endangerment to the public health; wolf&.:*, and environment. SPA► provided round-the-clock Site security, upgraded the perimeter fence and born, and punmped down the liquid level in several storage tanks which were either overflowing or on the vergt of overflowing. *)From December 1 through December 6, 1997, EPA conducted .an assessment of'the Site. Results of sampling and analyses conducted during this assessment are presented in the March 1998 report entitled "Envircpuur/PRC Patterson tail Recycling Facility Removal, Assessment' prepared. by Ecology and ftwironment. The • tollOwing.is a brief inventory of items and materials currently stored onsite: 1) Numerous process tanks, storage tanks, pressure tanks, pins, a water treatment system, filtration • equipment, heating, distillation and refining• equipment, office trailers, laboratory trailers, and a :large warehouse. 6 r V }4 The tanks and equipaneot contain varying amounts of oil, sludge, wastewater or mixturas of all three substances. Many of the tanks were observed to be leaking. Two of the large storage tanks had large holes in the roofs. 2) There are several large storage tanks on the facility which contain large volumes of liquid. These tanks, identified in Attachment 3, are referred to Storage Tank Sl, Storage Tank S2, Storage Tam S3, Storage Tank S4 and Storage Tank S5. Excluding the S3 tank, which is being addressed in a separate order, the tanks cobtain a Cumulative total of approximately 4 million gallons of waste water.' 125,000 gallons of waste oil and 510,000 gallons of oily sludge. 3) There are also more than 1,100 drums present onsite. The majority of these drums are labeled "drained`used oil filters' . Upon inspection by ESA, these drums appear to contain, drained used oil filters as labeled. 4) There are approximately 40 drums present onsite which contain chemical product. 7 5) Fourteen roll-off bins, labeled as hazardous waste .. 4 dirt bins, are present onsite. i 6) Two trailers used as onsite laboratories contain various chemicals apparently used for testing of incoming oil. 5. on April 10, 1998, EPA issued a Unilateral Administrative order to Chevron VSA, requiring that Chevron clean up' the S3 tank at the Site. Chevron has indicated that it intends to comply with the order and is conducting the clean up. 6. Based on' the large volumes of waste oil, sludge and oily wastewater present at the Site, cleanup of the Site will be costly and time consuming. EPA believes the cost of cleanup may exceed 5 million dollars. 7. The Respondents are persons or entities who have been identified as transporters or generators of waste oil, sludge or oily wastewater, in excess of 90,000 gallons, to the site between 1980 and 1997. S. The sampling conducted by EPA's contractor, of the 8 wasta oil and oily wastewater in the Sl, S2, S4, SS and P2 tanks ! confirmed the presence of Cadmium, Chromium, Copper, Lead, i Mercury and Nickel. 9. The materials stored on site contain hasardous .substances. The threat of a release of these substances is exacerbated by the aging and dilapidated condition of the tanks, the lack of a roof on the S4 tax&, several holes in the roof of the Sl tank, seasonal rains, the lack of regular or routine ,inspection and maintenance, and the fact that PRC Patterson Znc. , the site owner and operator has now abandoned the entire site. Y, cy I" 10. The PRC Patterson Superfund site is a "facility* as that term is defined in Section 101(9) of CERCLA, 42 V.S.C. 5 9601(9) ; 11. The Respondents, as identified in Attachment 1 are each •persons• as that term is defined in Section 101(21) of CERCLA, 42 U.S.C. 5 9£01 (21) ; 12. The Respondents, as generators and/or transporters to, the site of waste oil, oily wastewater or sludge which contained hazardous substances, are each *liable parties" within the meaning of Section 107(a) , 42 U.S.C. 59607(a) , and are subJect to 9 i { this Order under Section 106(a) of CERCI,A, 42 U.S.C. 69606(a) ; 13. Cadmium, Chromium, Copper, Lead, Mercury and Nickel were detected in the waste oil, oily wastewater and- sludge currently found at the Site, and each of these substances is a •hazardous substance" as that term is defined in Section 101(14) of CERCIA, 42 U.S.C. 5 9601(14) ; 14. The past, present or future migration of hazardous substances from the Site constitutes an imminent and substantial ,endangerment due to the actual or threatened "release- of hazardous substances, as the term •release• is defined in Section 909(22) of CERCIA, 42 U.S.C. i 9601(22) , Based on thin Findings or Fact and the Conclusions of Law, the Director of the Hazardous Waste Division, EFA Region. ZX, has a rade the following determinations: 15. That an actual or threatened release of hazardous pj • r✓ substances from the Site presents an imr-inent and substantial endangereceent to the public health or welfare or the environment. 16. That conditions existing at the Site constitute a threat to public health or welfare or the environment based upon a consideration of the factors set forth in the MCP at 40 C.F.R. 5 300.415(b) , and that the actions required by this Order are necessary to protect the public health, welfare and the 10 environment. 17. The actions required by this Order, +it properly performed, will be deemed consistent with the National Contingency plan, 40 C.F.R. Part 300 (' ") , and acre' appropriate to protect the public health or welfare or the emtirous int. Vxx. NDTXCN TO Z -as= 16. Pursuant to Section 106(a) of CERCIA, 62 U.S.C. +59606{a} , EPA has notified the State of California► of the issuance of this Order by providing the Department of Toxic Substances Control (DTSC) a copy of this Order. Vxxx. Based an the Findings of Fact, Conclusions of Law, and Determinations, SiA hereby orders Respondents to perform* the specific work set forth below under the direction of EPA's On- ' Scene Coordinator, and to comply with all requirements of this Order: 19. All work required by this order shall be conducted in accordance with: CERCIA; the ICP, EPA Rection SR OGtuidance for Preparing Quality Assurance Project Plans for Superfund Remedial projects" (EPA, Novenber 1992) ; any `final amended or superseding versions of such documents provided by EPA; other applicable EPA guidance documents; and any report, document or deliverable 11 i • I F i prepared by EPA because Respondents fail to comply with this order. 20. All plans, schedules, and other reports tbat require EPA's approval and are required to be submitted by the •L Respondents pursuant to this order and shall, upon aWroval by EPA, be incorporated into and enforceable under this order. 21. EPA will oversee Respondents' activities as specified in Section lo4(a) (1) of czR= Section, 42 U.S.C. 99604(a) (1) Respondents will support EPAIs initiation iMd implementation of activities needed to carry out its oversight responsibilities. Respondents shall also cooperate and coordinate the performance of all work required to .'be performed under this Order with all other work being performed at the site, including work performed by EPA, the State, another Respondent, or any other party performing work at the site with the approval of EPA. 22. Respondents shall undertake all actions required by .. 1 this order in accordance with the requirements of all applicable local, state, and federal laws and regulations unless an ex=Wtion from such requirements is specifically provided under CERCLA or unless the Respondents obtain a variance or exe:Wtion from the appropriate gover=nanntal authority. 12 • a i 74e :i I B• Se t' :fan inf eg air t a l and ''heantrs e t a l_ a 23. All work performed by or an behalf of Respondents pursuant to this Order shall be performed by qualified individuals or contractors with expertise in hazardous waste site investigation or remediation, unless agreed otherwise by EPA, Respondents shall, no. later than August 28, 1998, notify EPA in ' writing of the name, title and qualifications of the individual(x) who will be responsible for carrying out the terms of this Order, and the name(x) of any contractor(s) or subcontractor(s) . The qualifications of the persons, contractors, and subcontractors undertaking the-work for Respondents shall be subject to EPA, review and approval. Zs. If EPA•-disapproves of any' person's or contractor's technical or work-•experience qualifications, EPA will notify the Respondents in waiting. Respondents shall, within five (5) days of Respondents• receipt of EPA's written notice, notify EPA of the identity and qualifications of the replacementts} . Should EPA disapprove, of the proposed replacement(s) , Respondents shall be deemed to have failed to coMly with the Order. 25. Respondents may propose to change the individual(s) , contractor(s) , or subcontractor(s) retained to direct and supervise the .work required- by this Order. if Respondents wish to propose such a change, the Respondents shall notify EPA in 13 t writing of the name, title, and qualifications of the proposed individual(s) , proposed contractor(a) , or proposed 1 subcontractor(s) , and such i,ndividual(s) , contractor(s) or subcontractors) shall be subject to approval by EPA in accordance with the terms of paragraphs 23 and 26 above. The naming of any replacement(s)' by Respondents shall not extend any,► deadlines required by this Order nor relieve the Respondents of any of their obligations to' perform the work required by this Order. 26. Respondents will notify EPA of their respective field activities at least one week before initiating them so that EPA may adequately schedule 'oversight tasks. 27. At least seven (7) days prior to commencing any work at the Site pursuant to this Orden, Respondents shall submit to EPA a certification that Respondents or their contractor(s) and subcontractors) have adequate insurance coverage or have indemitication for liabilities for injuries or damages to persons or property which may result from the activities to be conducted by or on behalf of Respondents pursuant to this Order. Respondents shall ensure that such insurance or inderenification is maintained for the duration of performance of the wont required by this Order. Respondents shall ensure that the United States is named as an additional named insured on any such. 14 1. 1 • i 1 i i insurance policies. 28. tRx TO Ar-..Z g, a) Respondents are ordered to perform the Work and ssrke submittals and certifications as set forth below within the time- schedules specified. All days specif$ed beloir are consecutive calendar days from the Effective Date of this Order. flue dates falling on a Saturday, Sunday, or federal holiday will be automatically extended to the next business day. b) Commencing on the date not forth below(, monthly progress reports ("Progress Reports•) shall be sifl=itted. The first such Progress Report shall be' dine by the fifteenth (15th) day following the end of the first full calendar month after the Effective Date of this Order, and by the fifteenth (15th) day of every month thereafter. c) Within twenty-one (21) days after the Effective Date of the Order, Respondents shall submit a Sampling and Analysis Plan, Health and Safety Plan and Contingency Plan, At a minim= the Sampling and Analysis Plan shall include the following: 1) a detailed description of the methods to be used to 1 f identify all tanks and drums on the Site (except Storage y Tank S3) which contain liquid, sludge o solid material and to identify the volumes of such materials within each tank and drum. 1 2) a detailed description of the sampling and analytical methods to be used to characterize the liquid,` sludge or solid material for disposal purposes; d) Within seven► (7) days ,after EPA approval of the Sampling and Analysis Plan►, the Respondents shall initiate the work described under this plan. .e) within fortyfive (46) days after EPA approval of the Sampling and Analysis Plan, the Respondents shall submit a Tank and Drum Removal Work Plan which, at a minimus►, shall include the following. 1) a plan for removal of the contents of all storage tanks and drum X. at the facility which are identified to contain liquid, sludge, or solid material. This shall not include Storage Tank S2, since this tank is being addressed by Chevron; but shall at a minimum"include Storage- Tams Sl, S2, S4, S5, the "P-Series" Tanks, and the approximately 1,100 drums of drained, used oil filters. 16 1 i i 2) a detailed description of the methods for removing liquid, sludge and solid materials from the tanks and drums; 3) a detailed description of any treatment that Will be perfornod on the waste; A) identification of any treatment, storage, disposal or recy+dling facility that will receive the waste; 5) identification of the methods of transport used to haul any waste offsit*; 6) identification of any transporters used to haul any waste offsite; 7) a detailed description of air monitoring to be performed durina onsite activities, 8) a detailed description of actions to be taken to minimize air emissions; 9) A plan for the decontamination and/or demolition of all the tanks containing liquid, sludge or, solid materials. 17 SA) A schedule for completion of all activities described in the Tank and Drum Removal Mork Plan. 1 t f) withYin seven (7) days after EPA approval of the T"k and Drum R,emaval Work Plan, Respondents shall initiate the work described iri that plan. All activities described in the Tank and Drum Removal Work Plan shall be completed within one hundred and twenty (120) days of EPA approval of the Work Plan, unless an Alternative schedule is agreed upon by EPA. g) All contractors, transporters and treatment storage, disposal at recycling facilities used or proposed for use during this action are. subject to EPA approval. Respondents Faust demonstrate to EA's satisfaction that the waste is or is not a Listed or Characteristic Hazardous Waste as defined in 40 C.F.R. Part 261. All subsequent handling, transport and disposal shall be conducted in accordance with this waste classification. h) . Respondents shall provide security for the site commencing no later than August 28, 1998, unless a later date is agreed upon by EPA. i) Any noncompliance. with the Work to be performed or the schedules set forth within this section shall be considered a violation of this Order. 18 29 . All documents, including technical reports, and other correspondence to bre submitted by the Respondents pursuant to this Order, shall be sent by over-night mail to the following addressees or to such other addressees as EPA hereafter may designate in writing, and shall be deemed submitted cepa the date received by RPA. Respondents shall submit two (2) copies of each document to SPA, and two C 31 copies to the DTSC. 30. EPA shall review; com wmt, and approve or disapprove each plass, report. or other deliverable submitted by Respondents, All SPA cosaOnts On draft deliverables shall be incorporated by the Respondents. EPA shall notify the Respondents in writing of EPA•s approval or disapproval of a final deliverable. In the event of any disarbproval, LPA shall specify the reasons for such &Napproval, EPA's required modifications, and a time frame for • submission of the revised report, document, or deliverable. if , the modified rgport, document or deliverable is again disapproved by.EPA, EPA shall first notify the Respondents of its disapproval of the resubmitted report, document, or deliverable, and -then may draft its own report, document or deliverable and incorporate it• as part of this Order, may seek penalties from the Respondents for failing to couply with this Order, or may conduct the remaining work required by this Order. 31. For purposes of this Order, EPA's authorized 19 representatives shall include, but not be limited to, DTSC and any consultants and contractors hired by EPA to oversee ' required activities ecru ed by this Order. 1 c. or Twr=T .3 32. Each individual Respondent shall, by no later than August 19, 1998, provide written notice to EPA of Respondent's irrevocable intent to comply with this Order. Failure to respond, or failure to agree to comply with this Order, shall be deemed a refusal to comply with this Order. Z. r►� ►cnr� t ,c 33 . Respondents may, within three (3), +days of receipt of r this Order, request a conference with the Chief of the Emergency Response Office irn the Superfund Division, or whosoever the Chief of the Emergency Response Office may designate. If requested, the conference shall occur within three (3) days of the request, unless extended by mutual agreement of the Parties, at EPA's Regional Office, 75 Hawthorne Street, Sari .Francisco, California. 34. At any conference held pursuant to Respondents` request, the Respondents may appear in person, or be represented by an attorney or other representative. if Respondents desire such a conference, the Respondents shall contact Jeanne Elias, Assistant Regional Counsel, at (415) 744-1311. 35. The purpose and scope of any such confesrence held 20 x pursuant to this Order shall be limited to issues involving the implementation of the response actions requiied by this Order and the extent to which Respondents intend to couply with this Order. If such a conference is held, the Respondents may present any evidence, arguments or comment regarding this order, its applicability, any factual determinations upon which the Order is based, the appropriateness of any action which the Respondents are ordered to take, or any other relevant and material issue. Any such evidence, arguments-or comments should be reduced to writing and submitted to EPA within three (3) days following the conference. This conference is not an evidentiary hearing, and does not constitute apioceeding to challenge this Order. . it does not give Reipondents a right to seek review of this Order, or to seek resolution ofpotential liability, and no official • stenographic record of the conference will be :Wade. if no conference ix requested, any such evidence, arguments or comments must be submitted in writing within three til days following the Effective hate of this order. Any such writing should be directed to Jeanne Elias, Assistant Regional Counsel, Mail Stop ORC-3, at the address cited above. 36. Respondents are hereby placed on notice that EPA will take any action which may be necessary in the opinion of EPA for the protection of public health and welfare and the environment, 21 and Respondents may be liable under Section 107 (a) of CERCLX, 42 t U.S.C. Section 9607(a) , for the costs of those actions. ZS. MIST jum 37.' In the event of any action or occurrence 'during the performance of the work which causes or threatens to cause a release of a hazardous substance or which may present an immediate threat, to public health or welfare or the environment, Respondents shall inmediately take all appropriate action(s) to prevent, abate, or minimize the threat, 'acid shall 3mmediattely notify EPA's primary Chi-Scene Coordinator (aOSC O) . or, if the primary GSC is unavailable. EPA's alternate OSC, as designated below in paragra;ii 41. If neither of these persons is available, Respondents shall notify the EPA Emergency Response unit, Region y IX, phone number (415) 744-2000. Respondents shall take such action(s) in consultation with. EPA,s OSC and in accordance with all applicable provisions of this order, including but not limited to the Health and Safety plan. 38. Nothing in the preceding paragraph shall be deemed to limit any authority of the 'united States to take, direct, or order all appropriate action to protect human health and the environment or to prevent, abate, or minimize an actual' or threatened release of hazardous substances at or .from the Site. 22 Ie 39. In the event of unanticipated or changed circumstances at the Site, Respondents shall notify the EPA +DSC by telephone within twenty-four (26) hours of discovery of the unanticipated # or changed circumstances. This herbal notification shall be followed by written notification postmarked no later than three t3? days of discovery of the unanticipated or changed cir- cumstances. 60. The Director of the Superfund Division, EPA Region zx,. may determine that in addition to tasks addressed herein, additional work may be required to address the unanticipated or changed circumstances re'f'erred to in paragraph 39. Where concis-. tent with Secticd-106tai of CERCLA, the Director of the Superfund Division, EPA Region XC, may direct, as an amendment to this Order, that Respondents perform these' response' actions in addition to those required herein. Respondents shall inw1ment the additional tasks which the Director of the Superfund Division, EPA Region IX, identifies. The- additional work shall be completed according to the standards, specifications, and schedules set forth by the Director of the Superfund Division, EPA Region IX in any modifications to., this Order. 23 t 41. EPR designates Tom Dunkelnum, an employee of Region tX of EPA,, as its printery On-Seen* coordinator (IOSC•) and i designated representative at the Site, who shall have the authorities, duties, iind responsibilities vested in the OSC by the NCP. This includes., but is not limited to, the authority to. halt, modify, conduct, or direct any tasks required by this Order , or undertake any response actions (or portions of the response action) when conditions at the Site present or. may present a threat to public health or welfare or the environment as set forth 'its the NCP. Within fifteen (13) days of the Effective Date of this Order, Respondents shall designate a Project Coordinator who shall be responsible for overseeing Respondents• implementation of this Order. To the raminma extent possible, . all oral communications between Respondents and EPR concerning the activities performed pursuant to this Carder shall be directed through EPA's OSC and Respondents, Project Coordinator. All documents, including progress and technical reports, approvals, and other correspondence concerning the activities performed Pursuant to the terns and conditions of this Order, shall be delivered in accordance with Paragraphs 28-30 above. ` 42. EPA and Respondents may change their respective OSc and Project Coordinator. Notification of such a change shall be made 24 i by notifying the other party in -writing at least five (5) days # prior to the change, except in the case of ail emergency, in w1Zich case notification shall be made orally followed by written notification as soon as possible. i 43. Consistent with the provisions of this Order, EPA designates John Jambs as an alternate OSC, in the event Tom Dunkelman is not present at the site or is otherwise unavailable. During such times, John Jaros shall have the authority vested in the On-Scene Coordinator (`OSC•) by the NCP, as set forth in paragraph 41 above. 44. The absence of the EPA OSC from the ,Site shall not be cause for the stoppage of work. Nothing in this Girder shall limit the authority of the EPA OSC under federal law. '.. jMgM712 g ` 45. Respondents shall permit EPA and its authorised representatives to have access at all times to the Site to monitor any activity conducted .pursuant to this Order and to conduct such tests or investigations as EPA deems necessary. Nothing in this Order shall be deemed a limit upon EPA's authority under federal law to gain access to the. Site. 46. To the extent that Respondents require access to land other than land they own in carrying out the terms of this Order,. Respondeints shall, within fifteen (15) days of the Effective Data 25 f`t F- • i i i of this Order, obtain access for EPA, its contractors, oversight i officials, or other authorised representatives; state oversight r officials and state contractors, and Respondents or their authorised representatives. If. Respondents fail to 'gain access within fifteen (15) days, they shall 'continue to use bast efforts to obtain access until access is granted. For purposes of this ' paragraph, *best effortsm includes but is not limited to, seeking Judicial assistance, providing indemnification, and/or the payment.of money " 'consideration for access. 1f access is not provided within the time referenced above:, EPA may obtain access under Sections 104(*) or 106(i) of CERCLA. 47. Respondents shall reimburse EPA, upon written demand, for all response costs incurred by the United States in i overseeing Respondents, inVi mentation of the requirements of this, Order. EPA may submit to Respondents on a periodic basis a f bill for all response costs incurred by the United States with respect to this Girder. Respondents shall, within thirty '(30) days of receipt of the bill, remit by cashiers or certified check for the amount of those costs made payable to the *Hazardous Substance Superfund, * to the following address: U.S. Environmental Protection Agency Region -9, Attn. : Superfund Accounting P.B. Sox 360863M Pittsburgh, PA 15251- 26 f f Respondents shall send a cover letter with any check and the � letter shall identify the PRC Patterson Site 'by name and make reference to this Order. Respondents shall send simultaneously to the EPA OSC notifigation of any amount paid, including a , photocopy of the check. 48. Snteerest at the rate established imder section 107(a) of CERCLA shall begin to accrue on the unpaid balance from the: day of the original demand notwithstanding any dispute or objection, to any portion of the costs. XVZ. nmay 3Z 49. Any delay in performance of any requirement of this Order that, in the EPA's judgment, is not properly justified by Respondents- undet the terms of this Section shall be considered a violation of this Order. Any delay in performance of any . requirement of this order shall not affect any other obligation of Respondents under the terms and conditions of this Order. 50. Respondents, as applicable, shall notify EPA of any delay or anticipated delay in performing any requirement of this Order. Such notification shall be made by telephone to EPA,s primary OSC within twenty-four (24) hours after Respondents first knew or should have known that a delay might occur. The Respondents shall adopt all reasonable measures to avoid or minimize any such delay. Within three (3) days after notifying 27 i f EPA by telephone, the Respondents shall provide written ' 4 i notification fully describing the nature of the delay, any justification for delay, any reason why the Respondents should not be held strictly accountable for failing to cco ply with any relevant requirements of this Order, the measures planned and taken to minimise the delay, and a schedule for implemeeenting the- measures that will be taken to mitigate the affect of the delay, increased costs or expenses associated with implenwntation of the activities called for in this Order are not justifications for any delay in performance. 51. Xf Respondents are unable to perform any activity or submit any document within the time required under this Order, the Respondents eBay, prior to the expiration of the time., request an extension of time in writing. The extension request shall include a justification for the delay. The submission of an extension request shall not itself affect or extend the tine to perform any of Respondents, obligaitions under this Order. 52. Zf EPA determines that good cause exists for an extension of time, it may grant a request made by Respondents pursuant to paragraph 51 above, and specify in writing to the Respondents the new schedule for completion of the activity and/or submission of the document for which the .extension was requested. ` 28 XVII. 53. Respondents shall maintain, during the pendency of this i order, and for a minim= of five (5.) years after EPA _provides notice to Respondents that the work has been c*Ml*teA, a depository of the records and documents rewired to be prepared under this Order. In addition, Respondents shall retain copies of the most recent version of all documents that relate to hazardous substances at -the Site and that are in its possession or in the possession of its emploryees, agents, contractors, or attorneys. After this five-year, period. Respondents shall notify EPA at least thirty (30) days before the documents are scheduled to be destroyed. If Wi so requests, Respondents shall provide these documents to ZPA. ZVxxZ. 54.. EPA reserves the right to brim an action against Respondents under Section 107 of CERCLA, 42 U.S.C. 99607, for recovery of any response costs incurred by the United States related to this Order and not reinbursed by Respondents. This reservation shall include but not be lin .ted to•past costs, direct costs, indirect costs, the costs of oversight, the costs of coupiling the cost documentation to support oversight costs, as well as accrued interest. as provided in Section 107 (a) of CERCLA, 42 U.S.C. §9607. 29 r 55. Notwithstanding any other provision of this Order, at any time during the response action, EPA may perform its own studies, complete the response action for any portion of this response action) and seek reimbursement from Respondents for its costs, or seek any other appropriate relief. 56. Nothing in this Order shall preclude EPA from taking any additional enforcement action, including modification of this Order or issuance of additional orders, or additional remedial or removal actions as EPA may deem necessary, or from requiring Respondents in the future to perform additional activities pur sent to CERCLA, 42 U.S.C. 59607(a) , at...+an—,. of any other op- plicable law. Respondexits shall be liable under CERCLA Section 107 (a) , 42 U.S.C. 99607(a) , for the costs of any such additional actions. 57. Notwithstanding any provision of this Order, the United States hereby retains all of its information gathering, inspection and enforcement authorities and rights under CER= or any other applicable statutes or regulations. 58. Notwithstanding compliance with the terms of this order, including the completion of an EPA-approved response actions, Respondents are not released from liability, if any, for any enforcement actions beyond the terms of this order,taken by EPA. 30 i i 55. EPA reserves the right- to take` any enforcement action pursuant to CERCLA or any other legal authority, including the right to seek injunctive relief, monetary penalties, reim- bursement of response costs, and punitive damages for any viola- tion of law or this Order. 60. EPA expressly reserves all rights and defenses that it` may have, including the EPA•s right both to disapprove of work performed by Respondents and to regaest the Respondents perform tasks in addition to those detailed in this Order, as provided in Section V'IIZ C of this order. 61. This Order does not release Respondents, individually or collectively, from army +claim, ` cavuse of action or demand in law or equity, including, but not limited to, any claim, cause of action, or demand which lawfully may be asserted by representatives of the 'united States or the State of California. 62, No informal advice, guidance, suggestions, or cwnents by EPA regarding reports, plans, specifications, schedules, and any other writing submitted by Respondents will be construed as relieving Respondents of their obligation to obtain such formal . approval as may be required by this Order. 63. ' If any provision or authority of this Order or the application of this Order to any circumstance i.s .hold by a court 31 z to be invalid, the application of such provision, to other circumstances and the remainder of this Order shall not be affected thereby, and the remainder of this Order shall remain in force. titt�r*t,�►Tur�t 64. The Unitid States, by issuance of this Order, assumes no liability for any injuries or damages to parsons or property ` resulting from acts or omissions by Respondents, or their employees, agents, successors, assigns, contractors, or consultants in carrying out any action or activity pursuant to this order. Neither RPA nor the United States shall be held as a Party to any contract entered into by Respondents, or their employees, agent#, successors, assigns, contractors, or consultants in carrying out any action or activity pursuant to ` thin order. XXX. 65. Respondents are advised pursuant to Section 106 (b) of CRRCLA, 42 U.S.C. Section 9606(b) , that willful violation or subsequent failure or refusal to comply with this Order, or any portion thereof, may subject Respondents to a civil penalty of up to $25, 000 per day for each day in which such violation occurs, or such failure to comply continues. Failure to comply with this Order, or any portion thereof, without sufficient cause may also 32 subject Respondents to liability for punitive damages in an amount three times the amount of any cost incurred by the gove==ent as a result of the failure of Respondents- to take proper action, pursuant to Section 1.07(c) (3) of CSRCLIL, 42 U.S.O. Section 9607(c) (3) . ZYIt. 66. This Order is effective five (5) days after the date it is signed. ZZZZY. ���r�+rTc�t� a� s�►s�r�.�►c2rom' 67. The provisions of this Order shall be deemed satisfied upon Respondents, receipt of written notice frame EPA that Respondents have demonstrated, to the satisfaction ot.EPA, that all of the terms "of this Order, including any additional tasks which EPA has determined to be necessary, have been completed. 33 i i Unilateral Administrative Order 98-12 E IT Z5 SO ORDERED: UH TED STATES ENVIRONMENTAL PRO'1''EG"I'ICK AGENCY Sy• - Date• ' `- — Keith A. Takata, Director Superfund Division Region XX EPA Region 1X Contacts.- Tom ontacts:Tom Dunkalnan Ori-Scenes Coordinator (SFD-6) Hazardous Waste Management Division EPA, Region 9 75 Hawthorne Street San Francisco, CA 94105 (415) 744-2294 ,. Jeanne Elias --' Assistant Regional Counsel (ORC-3) Office of Regional Counsel EPA, Region 9 75 Hawthorne Street Sari Francisco, CA 94105 (415) 744-1317 34 i Attachment 1 - List of Respondents Attachment 3 - Additional Definitions Attachment 3 - PRC Patterson Site map t r+ 35 w � i i i Attachment 1 PRP Generator List w " 1. Advanced Favircennumid r1. Cd Tans Atm: NO E=d2 Arta: Kaft Papslta. 13SW Whigmm Avearse 112(1 N Ser.e+�Lep1 ' Foram.CA 92335 CA 95814 2. Advam Penta m Recydia8 12. Chico Dub On Service Aim:Jaseph Havadi do Gnaw Cbaavel,Dacsslso A TWly 9642 AIpm HMI Atm: Raald C.ch olvd . SImdyjUT&4M 901 Ahatlees 1dod W"i,soL 41111 So Msno„CA 94024 3. Alameda Camas gams T Atm: Kamok Schdft 13. Ctamt Won 011` 1+600'F Strsat,Gib Motor AW Jaaet Csasme. Oahlmd,CA 94612 15412 MOMSY 178 Weldao,CA 93283 4. Ali leorakam AUL C.C.Teiebel 14. meet Mems On 405 141h Street;SWM;1000 a!o Avushm,Usbulmy,h Ks" Oslchad,CA 94612 Atm; Matic IGaols.l 165 West Liberty Street S. AMM On A putorliet8 Reno,NV 89501 Atm: Rex 1254 Sen Morin 15. Dun Bdlt TrannniftioD Sm Jose,CA 95132 Atm: Dwid Fkgwodcw 9317 Lae 6. Allied CA 93662 Colin Keney . 1217 South 7th Stress 16. Federal Padiie Electric Co. Modwak CA 95351 do North Annum Thasformer Ata: Asn Javier 7. AMw Indipmdaft On,Im 1200 Piper Dawe Atm: Lmry Evans CA 95035 1110 Tsyiar Saw ,. Alvim CA 95002 17. Gibeos FAmbommeattl -'' Atm: W P Vim Lobes Sob 8. Amaiew Valley Emkoammtal 12042 Devic Cup Corns Atm:Bill I ance,President Bdcees$oK CA 94611 930 beer Road:Suite 253 CA 95382 l8. H 11k H Ship Service Caetepaay Asa: WMiam Harris 9. Arco Pmdwu Co. 37 La Salk Avmw Atm: John Meds PiednmxK CA 94611 333 Son*Hope Street;PAC 1631 Los AnpiM CA 90071 19. Hedrick Dktn'bttm Inc. do Bayside Oil • 10. .Bwliogs Northern and Seats Fe,� Ata: 1Cim Glen clo Bndmo A Lasater 210 Faedosl Street Atm: kffmy Ba lch= Sams Cmz.CA 95060 20 Cslitarnis ST.Suite 700 Sas Fra dwo.CA 94111 .t t . F I , 20. Hasuesudw Mining 29. Nor Cal Oil do Me Laughlin Mine - ` do Heram,CmbM Pya.Zolexc4& Terpntra r Atm: Allan Coat Atm: Kama E Hmixffil 630 Cdifamb Street 2291 west Moab Lane.$100 Sea handlM CA 94108 SMcbmN CA 95207 Huntway Refloery _30. Owmms4ftois bm Apo: Joan Foaatr AMC Robert Towbn 25129 The Old Road„Ste.322 Owsupse Nowbs%CA 91381 Tobdo,OR 43666 22. K*rar -.31. Pacific Do AM an Young Lee Atte: Eke Wibon One Kaber Placa 1010 WGddm Boubrrard;Room 1501 Awad.CA 91612 Los Angpim CA 90017 23. Laidinw lzw 4k oamra W 32. Peso Lube do Salty K18e60 Aim: NWmn Petr► Atm: Msrlr C.Apaway 2131 Soudk Avenue 4301 Gervais Sweet C=Wv&CA %021 Colin,SC 29201 33..Pbole Point SOW Company. 24. Lessen Gold Mkb&Inc. Am: Greg 021m do Kiotas Gold.loc. 333 Went Sm Carlos Aim: Jolla Iwmy San Jose,CA 93113 40 King SL West-Scotia.Phum,57th Ft. ToaooW C uNdo M SWY2 34. Primmc Physics totemdonal do Ma wen Tedmo ftk"6 Inc. i 25. Maria Tag A Barge.Inc. Ana: Dean C hnial Atm: Clary WbMon U88 Balboa Ave m 1316 Canal Blvd Sam Diego,CA 92123 R bnmx .CA 94904 33. PSC AUWUU Trmspotmdm do Rmwfttkm 26. Matson Naviption Atm: Dards Carvalho Apt: Brad MaboWmd 12475 Lbpn Ave= 333 Market Street Sala Martis,CA 93446 Sat FratcbM CFA 94105 36. Raaeioa Ewboamenod Services 27. Mobil Oil Apt: Kyle Ramos do Bever3ge A Dimumd .1313 S River Road Atm Peony Wkmug Went Sacramento.CA 95691 3223 Gallows Road,;Room 6W803 Fairfax.VA 22037 37. Reed A Chuham lar— AMC.,Aldo Branch 28. National Steel&Ship Building 690 Sutol Street do NASSCO Sat Jae,CA 95126 Ams: R.A.SKkea PO Box$3278 38. Reno Drain Oil Service Sas Diego,CA 92186 ,Atm: Richard Chaaoel 11970140 Eau Sp uim.NY 89434 ` I I 639. Saerazoamaoo Waft 09 42. Union Oil Contig "of C&Wwnb(UNOCAL) Atm: Aftwt Havandez Atm: "King 4504 Dwambery Way • 376 S=*Yalands Road Sscxrowwuw CA 954412 SM CA 92621 40. Safe-Way Cbaorkd Co. 49. Unio®Pardflc Ralbood Company- VA Stave L=bMx+ k Aft Robert Rye 0664 Seoddom Ave 10031 Feadit Sht,,SWO 200 San 3aR CA 95126 11;aeevl k CA 95747 .41. Sawta CLn'VTA 30. Uab�d can 0'' Atm: ' Allmrmid Atm: Yvam Cie 3331 Nath tat SbroK 1'M&C 1645 W.Yainck braes San Joan,CA 95134 �CA 92133 42. Service Fingfineriel 31. Waft 00 R,toarquy Symms,lar- C/o conflosaw malit me tae. Atm: Aatbogx Palm Amt: Lee Wlleoa •6401 'Leona Drat 1993 lbryfraat lbroe< Odd" 94605 Sao Diss%CA 9197"1' a Worm Color m reed 43. S*Dode .AM Cieaetat Cow" do Cleytoa suvk=mental coo:*ou 2201 Cooper Av u Aima: Mike Dudasko Merced.CA 95341 1232 Qomy Lane PMero"wk CA 943"" 53. Yyk so+ rpeirea,lne: 44. San fleaedeco ;,—Atm: @dlb►moraft Y Dodgy 1020 441h Ave . 00 soul wet Marine Omkland,CA 94601 Attm: Sudor Halm 2205 Eau Belt Stmt Sao Dft%CA 92113 f 4S. Tank Taft Serviong do cowv n male Sails btyen ilk Mbo$W O&M'Gv IK v �f �.J .46. Taxes o,lar. Atm: Gonloa A.'1 wf 10 UnivwW My P102as Roam 1333 UWv*nW City,CA 916+09 47. Ti w Dil C,ompaay ` Atm: Richard Gordon 2737 West C=modm Way Seattle,WA 91199 ' 1 Ila E ����*�rr► t Definitirmra "Action Memorandum" shall mean the Action Memorandum concurred on by the State of California►, Issued 1y the Mited States Zbvironmental Protection Agency on November 4, 1"7. "Contractor" shall mean Respondents' contractor(s) and subcontractors contracted to perform the Inartallationl construction, and operation and maintarnance activities relating to MW of the specific response actions at the site Respondents are'required to perform. ,zwy" shall mean a calendar day unless expressly stated to be a work' day. "Working day" shall man a day other than a Saturday, qday, or federal holiday. Sn couput.ing any period of time under this Order, who" the last day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next working day. "operation ano Maintanance activities" shall include future operation and ma"tanance of all structures built or Installed to contain the arsenic ctamina tion at the Site until such time as LPA approves the cessation of such activities. "Paragraph" shall mean a portion of this Wlateral Order Identified by an Arabic numeral. ,parties,, shall mean the United States, and all those entities identified as Respondents In Attachment 1 of this order. "Section" shall mean a portion of this Unilateral Order identified by a Roman ,numeral and including one or more paragraphs. ATTACHMENT 2 r E[ol 10 �OO �t1&4 � (.00 ' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY f REGION IX ?1 Hsw#Iwm Scr+e�a►t Son ftndow,Coiftnis 941084NI WY 2 4 PV Via Federal Express To Addressees:See Attached List URGENT LEGAL MATTER Re: CERCI.A Order 98-12A pursuant to 42 U.S.C.Section 9606 (Amending UAO 98-12) PRC Patterson Sgmfu nd Removal Site 13331 Highway 33 Marson,California Dear Sir or Madam: The United'Statet Environmental Protection Agency("EPA")hereby issues the enclosed Amended Unilateral Administrative Order 98-12A pursuant to Section 9606 of the Comprobeisive Environmental Response,C.ompeatsation and Lability Act("CERC LA"),42 U.S.C.Section 9606,to prevent or mitigate the memo and substantial earadasegertnep#n to human health,or welfare or the environment posed by the PRC Patterson faciliity. The Amended Order requires that you talcs immediate actim to prevent and contain any release or potential release of urs substances and materials fraprm the PRC Pa#w facility. This Chlor amends a previously issued BPA Unilateral,Administrative Order(Docket# 99-12)pursuant to which-a response action at the site is already in progress. This response action is bang performed�by a group ofRespondents to the Original Choler,intown as the Patterson Environmental Response Trust('"the Trust"). As a Now Respondent,you will be offered,an opportunity to participate in the response action au a member ofthe Trust onto make a crash settlement with-the Trust in order to fulfill your obligations ander the Amended Choler. Please mote the following important deadlines contained in the Amended Order. The Effective Dote of the Amended Order is November 30, 1999. A mecting will be held at 10AM on December 9, 1999 at EPR*Region 9 office in San Fraincisco for resgpondooft to rinse any questions or concerns thea►may have about the Amended Order and its applicabili If you have any technical questions regarding the Amended Order,please contact John % Jams at(415).744-2316 or Richard Martyr at (415)744-2288. For any legal questions,please contact Jeanne Elias at(415)744-1317. ' Sincerely, Keith Takata,Director, SuPerfund Division Enclosure:Amended Unilateral Administrative Order CERCLA 99-12A 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION XX IN THE MATTER OF: ) See List of Parties } identified in Attachment 1 } } U.S. - SPA Docket No. 98.12A } AMENDED UNILATERAL ADMINISTRATIV8 ORDER FOR PSRPORMANCS Proceeding Under Section 106(a) ? OF REMOVAL ACTION of the Comprehensive Environmental } Response, Compensation and Liability)* AMENDING UAO NO.98.12 Act of 1980, 42 U.S.C. 19606(a) Issued 8/12/98 ) This Amended Unilateral Administrative Order ("Amended Order") is issued on this date pursuant to the authority vested in the President of the United States by Section 106 (a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 43 U..S.C. 89606(a) , as amended, by the Superfund Amendments and Reauthorization Act of 1986, . Pub. L. 99499 ("CERCLR") . The President delegated this authority to the Ad- ' ministrator of the United States Environmental Protection Agency ("BPA" or "Agency") by Bxecutive Amended Order 125800 January 23, 1987, 52 Fed. Reg. 2923, and further delegated it to the Assistant Administrator for Solid Waste and Emergency Response 1 and the Regional Administrators by EPA Delegation Nos. 14-8-A and 14-14-C. This authority has, been redelegated to the Director, Hazardous Waste Division, EPA, Region 9 ("Director") by Region 9 Delegations 1290.41 and 1290.42. II. PARTI88 BOUND 1. This Amended Order shall apply to and be binding upon all parties listed in Attachment 1 to this Amended Order, including "Original Respondents" and "New Respondents« (collectively "Respondents*) , and their agents, successors and assigns. No change in ownership or operational status will alter Respondents' obligations under this Amended Order. Notwithstanding the terms of any contract or agreement, Respondents are responsible for compliance with this Amended Order and for ensuring that their employees, contractors, and agents comply with this Amended Order. Respondents shall provide a copy of this Amended Order to all contractors, subcontractors, and consultants which are retained by Respondeht (s) to perform the work required by this Amended order, within five (5) days of retaining their services. 2. Respondents may not convey any title, easement, or other interest they may have, either individually or collectively, in any property comprising the Site, as the term 2 ____ 1;. "Site" is defined below, without a provision permitting the continuous implementation of the provisions of this Amended Carder. Any Respondent wishing to transfer any title, easement, or other interest it may have in any property comprising the Site shall provide a copy of this Amended order to any subsequent owner(s) or successor(s) before any ownership rights are transferred, Any such Respondent shall advise BPA six (6) -months in advance of any anticipated transfer of interest. 111. DZZ=M 3 . Unless otherwise exIpressly provided herein or in the Definitions in "Attachment 2" affixed hereto, terms used in this -" Amended Order which are defined in CBRCLA or in regulations promulgated under CBRCLA shall have the meaning assigned to them in cSRCLA or in such regulations.. Whenever the terns listed below are used in this Amended Order, or in the Attachments affixed hereto and incorporated hereunder, the following definitions shall applys "CBRCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments & Reauthorization Act of 1996, 42 U.S.C. S 9601 r& MM. 3 "Amended Unilateral Order" or "Amended Order" shall mean this Amended Unilateral Administrative Order, EPA docket number 98-12A, and all attachments hereto. In the event of a conflict between this Amended Unilateral Order and any attachment, this Amended• Unilateral Order shall control. "EPA" shall mean the United States Environmental Protection Agency and any successor departments or agencies of the United States. "National Contingency Plan" or "NCP" shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated.pursuant to Section 105 of CERCLA, 42, U.S.C. S 9605, codified at 40 C.F.R. Part 300. "Original Order" shall mean Unilateral Administrative Order EPA docket 98•-12 issued on August 12, 1998. "Response actions" shall be those specific work items each Respondent is .required to perform at the Site pursuant to this Amended Unilateral Order, as set forth in Section VIII C. "Respondents" shall mean those entities listed in Attachment 1 of this Amended Order, both individually and collectively, encompassing both "Original Respondents' and "New Respondents•. 4 IV. FINDI�FFII�CT 4. a) The PRC Patterson site (the "Site•), is located at 13331 North-.Highway 33 in Patterson, Stanislaus County, California. The approximately 20-acre Site is surrounded primarily by agricultural land. The City of Patterson is located approximately 2 miles south of the Site. There are numerous irrigation canals located in the immediate vicinity of the Site. Several of these canals drain into Del Puerto Creek, which flows within a mile of the Site. Del Puerto. Creek flows into the San Joaquin River. A site map is affixed as Attachment 3. b) Facility operations were commenced in the early 198018 by Recycletron Oil Inc. , ORCI") , a California corporation doing business as Refineries services. RCI was a recycler of waste oil and oily water. In 1989, Recycletron .0il .Inc. , merged with Petroleum Recycling Corporation, a California corporation. Shortly thereafter, a wholly separate California corporation, PRC Patterson ("PRC") was formed. The Site operated continuously until s mistime in 1997. c) On October 31, 199? EPA receiveda verbal request for assistance at the site from DTSC. EPA, in conjunction with .DTSC, conducted a preliminary, inspection of the facility on that date and made the following observations: The Site had been abandoned S 4 and general site conditions had begun to deteriorate. The facility was not secured and had been heavily vandalized. Many tanks and containers appeared to be unstable due to their age and deteriorating condition. Several of these tanks were leaking and one of the larger tanks reportedly had failed catastrophically in the past. . d) On November 18, 1997, following the receipt, of a written request for assistance from DISC, EPA initiated an emergency response action to stabilize these unsafe 'and dangerous conditions ' which presented an endangerment to the. public' health, welfare, and environment. EPA provided round=the-clock Site security, upgraded the perimeter fence and berm, and pumped down the liquid level in several storage tanks which were either overflowing or on the verge of overflowing. e)From December 1 through December 6, 1997; EPA conducted an assessment of the Site. Results of sampling and analyses conducted during this assessment are presented in the March 1998 report entitled "Enviropur/PRC Patterson Oil Recycling Facility Removal Assessment' prepared by Ecology and Environment. The following.' in a brief inventory of items and materials then stored onsite: 6 1) Numerous process tanks, storage tanks, pressure tanks, pumps, a eater treatment system, filtration equipment, heating, distillation and refining equipment,. office trailers, laboratory trailers, and a large warehouse. The tanks and equipment contained varying amounts of oil, sludge, wastewater or mixtures of all three substances. Many of the tanks were observed to be leaking. Two of the large storage tanks had large holes in the roofs. 2) There were several large storage tanks on the facility which contain jarge volumes of liquid. These tanks, identified in Attachment 3, are referred to Storage Tank SI, Storage Tank S2, Storage Tank S3, Storage Tank S4 and Storage Tank SS. Excluding the S3 tank, which is being addressed in a separate order, the tanks contained a cumulative total of approximately 4 million gallons of waste water, 125,000 gallons of waste oil and 810,000 gallons of oily sludge. 3) There were also more than 1, 100 drums present onsite. The majority of these drums were labeled "drained used oil filters" . Upon inspection by SPA, these drums appeared to contain drained used oil filters as labeled. 7 4) There were approximately 40 drums present onsite which contained chemical product. 5) Fourteen roll-off bins, labeled as hazardous waste dirt bins, were present onsite. 6) Two trailers used as onsite laboratories contained various chemicals apparently used for testing of incoming oil. S. on April 10, 1998, EPA issued a Unilateral Administrative order to Chevron USA, requiring that Chevron clean up the S3 tank at the Site. Chevron has indicated .that it intends to comply with the order and is conducting the cleanup. 6. Based on the large volumes of waste oil, sludge and oily., wastewater present at the Site, cleanup of the Site will be costly and time consuming. EPA believes the cost of cleanup may exceed 10 million dollars. 7. The Respondents are persons or entities who have been identified as transporters or generatprs of waste oil, 'sludge or oily wastewater, in excess of 28,000. gallons, to the site between 1980 and 1997. 8. The sampling conducted by EPA's contractor, of the waste oil and oily wastewater in the S1, S2, S4, SS and P2 tanks 8 confirmed the presence of Cadmium, Chromium, Copper, Lead, Mercury and Nickel. 9. The materials stored on site contain hazardous substances. The threat of a release of these substances is exacerbated by the aging. and dilapidated condition of the tanks, the lack of a roof on the 84 tank, several holes in the roof of the 81 tank, seasonal rains, this lack of regular or routine inspection and maintenance, and the fact that PRC Patterson Inc. , the site owner and operator has now abandoned the entire site. 10. The PRC Patterson Superfund site is a "facility" as that term is defined in Section 101(9) of CBRCLA, 42 U.S.C. S 9601(9) ; 11. The Respondents, as identified in Attachment 1 are each "persons" as that term is defined in Section 101(21) of CRRCLA, 42 U.S.C. 1 9501 (21) 1 12. . The Respondents, as generators. and/or transporters to the site of waste oil, oily wastewater or sludge which contained hazardous substances, are each "liable parties* within the meaning of Section 107(a) , 42 U.S.C. 19607(a) , and are subject to this Amended Order under Section 106(a) of CWtCL&, . 42 U.S.C. 19606(a) 9 13 . Cadmium, Chromium, Copper, Lead, Mercury and Nickel were detected in the waste oil, oily wastewater and sludge found at the Site, and each of these substances are each "hazardous substances" as that term is defined in Section 101(14) of CERCLA, 42 U.S.C. 8 960i (14) ; 14. The past, present or future migration of hazardous substances from the Site constitutes an imminent and substantial endangerment due to the actual or threatened "release" of hazardous substances, as the term "release" is defined in Section 101(22) of CE1tCLA, 42 U.S.C. 3 9601(22) ; VX. Based on the Findings of Fact and the Conclusions of Law, the Director of the Hazardous Waste Division, EPA Region IX, has made- the following determinations: 15. That an actual or threatened release of hazardous substances from the Site/facility .presents an imminent and substantial endangerment to the public health or welfare or the environment. 16. , That conditions present at the Site/facility constitute a threat to public health or welfare or the environment based upon a consideration of the factors not forth in the NCP at 40 C.F.R. 9 300.41S(b) , and that the actions required by this r 10 s Amended Order are necessary to protect the public. health, welfare and the environment. 17. The actions required by this Amended Order, if properly performed, will be deemed consistent with the National Contingency Plan, 40 C.F.R. Part 300 ("NCP") , and are appropriate to protect the public health or welfare or the environment.. V'll. I=..= TO MTA= 18. Pursuant to Section 1.06 Ca? of CSRC'LA; 49 'U.S.'C. 996o6 (a) , SPA has notified the State� of California of the issuance of this Amended Order by providing the Department .of Toxic Substances Control (DISC)a copy of this Amended Order. pill. ass== 92M =M1#AWA History 0 'a 00 91:" . On August 12, 1.9.98 SPA issued Unilateral Administrative Order Docket #98-12 ("the Original Orderf) to the respondents. listed in Attachment 1 under the heading "Original. Respondents". The effective date.6f the Original Order was August 17, 1998. A copy of the Original Order is affixed as Attachment 4. A group of nineteen•of the original respondents formed the Patterson Savironmeental Response Trust ("'the Trust$) . Attachment 1 indicates which of the Original Respondents are members of the Trust.- The members of the Trust submitted notice of their intention to comply with the Original order. The Trust submitted a sampling and analysis plan, a health and safety plan and a tank and drum -removal work plan pursuant to the requirements of Section VIII C, Paragraph 28 of the Original Order. The members of the Trust have been performing the removal activities required by the original Order. This work is not yet complete, Bas I S for Amendment Of Ta 8-1 EPA has identified additional responsible parties in connection with the PRC Patterson site. EPA has also elected to expand the volumetric threshold for liability under this Amended- order mendedOrder to any entity that generated or transported in excess of 20, 000 gallons of waste to this site between 1980 and 1987. These new entities are listed in Attachment 1 under the heading "New Respondents" . In order to complete- the response action at the site and in order to add the new parties identified as "New Respondents", EPA is issuing this Amended Order. Based on the Findings of Pact, Conclusions of Law, and Determinatione, EPA hereby orders all Respondents. (*Original* and "New") to perform the specific work set forth in Section Viii, Subsection C, paragraph 28 of the Original Order under the direction of the' EPA1s On-Beene Coordinator, and to comply with all requirements of this Amended Order. 12 ell 19. All work required by this Amended Order shall be conducted in accordance with: the applicable portions of the EPA Action Memorandum, dated November 4, 1997; CERCLA; the NCP; EPA Region 9 "duidance for Preparing Quality Assurance Project Plans for Superfund Remedial Projects" (EPA, November 1992) ; any final amended or superseding versions of such documents provided by EPA; other applicabl4 SPA guidance documents; and any report, document or deliverable prepared by SPA because Respondents fail to comply with this Amended Order. . 20. All plans, schedules, and other reports, that require EPA's approval and are required. to, be submitted by the Respondents pursuant to this' Ascended Order and a.hall, upon approval by SPA, be incorporated into and enforceable under this Amended Order. 21. EPA.will oversee Respondents# activities as specified in Section 104(a) (1) of CSRCLA Section, 42 U.S.C. 19604 (a) (1) . Respondents will stepport SPA'; initiation and implementation of activities needed .to carry out its oversight responsibilities. . Respondents shall also cooperate .and coordinate the performance of all work required .to be pergormed under this Amended order with all other work being performed at the site, including work 13 - � ev performed by EPA, the State, another Respondent, or any other party performing work at the site with the approval of EPA. 22. Respondents shall undertake all actions required .by this Amended Order in accordance with the requirements of all applicable local, state; and federal laws and regulations unless an exemption from such requirements is specifically provided under CERCLoA or unless the Respondents obtain a variance or exemption from .the appropriate governmental authority. IL Selertign of Contractor(s) and Subcontractor(a) • 23. All work performed by or on behalf of Respondents pursuant to this Amended- Order shall be performed by qualified individuals or contractors with expertise in hazardous waste site investigation or remediation, unless agreed otherwise by BPA. The Trust has selected Clayton Environmental Consultants as its contractor pursuant to paragraph 23 of the Original order and this selection has been approved by BPA. 24. If at any time, SPA disapprover of any person's or contractor's technical or work-experience qualifications, EPA will notify the Respondents in writing. Respondents shall, within five (S) working days of Respondents, receipt of EPA's written notice, notify SPA of the identity and qualifications of the replacement(s) Should EPA disapprove of the'.proposed E4 `r 4Y? replacement (91) Respondents shall be deemed to have failed to comply with the Amended Order. 25. " Respondents may propose to change the individual (*) , contractbr(s) , or subcontractor(s) retained to direct and supervise the work required by this Amended Order. if Respondents wish to propose such a change, the Respondents. shall notify EPA in writing of the name., title, and qualifications of the proposed individual(s), proposed contractor(s) , or proposed subcontractor M , and such individual (s) , contractorW or subcontractors) shall be subject- to approval by SPA in accordance with the, terms of paragraphs 23 and• 24 above. The naming of any replacement (s) by Respondents shall not extend any deadlines required by`this Amended order nor relieve the Respondents of any of their obligations to perform the work required by this Amended Order. 26. Respondents will notify SPA of their respective field activities at least one week before initiating them so that SPA may adequately schedule oversight tasks. 27. The Trust has previously submitted to SPA a certification that the Trust or its contractor(s) and subcontractor.(s) have adequate.insurance coverage or have indemnification for liabilities for injuries or damages to Y5 persons or property which may result from the activities to be conducted by or on behalf of Respondents pursuant to the Original Order. Respondents shall ensure that such insurance or indemnification is maintained'-for the duration of performance of the work required by this Amended Order. Respondents shall ensure that the United States is named as an additional named insured on any such insurance policies. Work and DaiiMari leg 29. _CORK T+O R FERRO M a) The work requirements of paragraph 28 of the Original Order are hereby incorporated by reference into the Amended Order. All Respondents are order®d to perform the Work and make submittals and certifications as required.in the Original Order within the time schedules specified therein, as previously modified in writing by the parties to the Original Order. b) Clayton Environmental Consultants has been submitting monthly progress reports ("Progress Reports') on behalf of the Trust, pursuant to the Original Order, and that obligation. shall continue and shall be applicable to all Respondents. c) The Trust has submitted and EPA has approved a Sampling and Analysis Plan, a Health and Safety Plan and a Contingency Plan according to the terms of the Original Order. ............................................... d) The Trust has initiated the work described under the Sampling and Analysis Plan and that obligation shall continue and shall be applicable to all Respondents. e) The Trust has submitted and RPA has approved a Tank and Drum Removal Work' Plan according to the terms of the original order. f) The Trust has initiated the work described in the Tank . and Drum Removal work Plan and the obligation to•perform that work shall continue and shall be applicablei to all Respondents. g) All contractors, transporters and treatment, storage, disposal or- recycling facilities used or proposed .for use during this action 'are subject .to BPA approval. Respondents must demonstrate to EPA's satisfaction that the waste is or is ;not a Listed or Characteristic Hasardour Waste as defined in 40 C.F.R. Part 261. All subsequent handling, transport -and disposal shall be conducted in accordance with this waste classification. h) The Trust is providing security for the site and that obligations shall continue and shall be applicable. to all . Respondents. J) Any noncbMliance with the Work to be performed or-the schedules set forth within this section shall be considered a violation, of this Aeneended order. 17 29. - All documents, including technical reports, and other correspondence to be submitted by the Respondents pursuant to this Amended Order, shall be sent by over-night mail to EPA's designated On Scene Coordinator or to such other addressees as EPA hereafter may designate in writing, and shall be deemed submitted on the date received by EPA. Respondents shall submit two (2) copies of each document to EPA, and two (2) copies to the DTSC. 30. EPA shall review, comment, and approve or disapprove each plan, report, or other deliverable submitted by Respondents. All EPA comments on draft deliverables shall be incorporatedd by the Respondents. - EPA shaill notify the Respondents in writing of EPA's approval or disapproval of a final deliverable. , In the event of any disapproval, EPA shall specify the reasons .for such disapproval, EPA's required modifications, and a time frame for submission of the revised report, document, or deliverable.. If the modified report, document or deliverable is again disapproved by EPA, EPA shall first notify the Respondents of its disapproval of the resubmitted report, document, or deliverable, and then may draft its own report, document or deliverable and incorporate it as part of this Amended Order, may seek penalties from the 1e ;�lr� -w Respondents for failing' to comply with this Amended Order, or may conduct the remaining work required by this Amended Order. . 31. For purposes of this Amended Order, EPA's authorized representatives shall include, but not be limited to, DTSC and any consultants and contractors hired by RPA to oversee activities required by this Amended order. IX. NOTICK OF. INTZNT TR go= 32. All New Respondents shall, by no later than December 28, 1999, provide written notice to SPA of New Respondents' irrevocable intent to comply with this Amended Order. ' This notice should be directed to SpA Assistant Regional Counsel Jeanne Elias at the address specified in this Amended order. Failure to respond, or failure to agree to comply with this Amended order, shall be deemed a refusal 'to comply with this Amended Order. X. opsQEa= TO CMVM 33., Respondents may- attend a conference with the Chief of the Emergency Response Office in the Superfund Division, or whomever the Chief of the Emergency ,Response Office may designate. The conference shall occur at 10am on December 9, 1999 at EPA's Regional Office, 7S Hawthorne Street, San Francisco, California. 19 ' 34. At the conference the Respondents may appear in person, or be represented by an attorney or other representative. If . Respondents have questions about the conference, the Respondents shall contact Jeanne Elias, Assistant Regional Counsel, at (415) 744-1317. 35. The purpose and scope of any such conference held pursuant to this Amended Order shall be limited to issuer involving the implementation of the. response actions required by this Amended Order and the extent to which Respondents intend to comply with this Amended Order. At the conference Respondents may present any evidence, arguments or comment regarding this Amended Order, its applicability, any factual determinations upon- which ponwhich the Amended Order is based, the. appropriateness of any action which the Respondents are Amended Ordered to take, or any other relevant and material issue. Any such evidence, arguments or comments should be reduced to writing and submitted to BPA within three (3) days following the conference. This conference is not an evidentiary hearing, and does not constitute a proceeding to challenge this Amended Order. -it does not give Respondents a aright to seek review, of this Amended Order, or to seek resolution of potential liability, and no official stenographic record of the conference will be made. In lieu of 20' attending the conference, a Respondent may submit any such evidence, arguments or comments writing within three (3) days following the date of the conference. Any such writing should be directed to Jeanne Elias, Assistant Regional Counsel, Mail Stop ORC-3, EPA 7S Hawthorne Street, San Francisco, CA 94105. 36. Respondents are hereby placed on notice that EPA will take any action which may be necessary in .the opinion. of•EPA' for the protection of public health and welfare and the environment., and Respondents may be liable under Section *107 (a) of CERCIA, 42 U.S.C. Section 9607(a) , for the costs of those actions. 37. In the event of any action or occurrence during the performance of the work which causes or threatens to cause a release of a hazardous. substance or which may present an immediate threat to public health or welfare or the environment, Respondents shall immediately take all appropriate action(s) to prevent, abate, or minimize the threat, and shall immediately notify EPA's primary On-Scene Coordinator ("ASC") , or, if the- primary 08C is unavailable, EPA's alternate CSC, as designated below in paragraph 41. If neither of these persons is available, Respondents shall notify the SPA Emergency Response Unit, Region 9, phone number (41S)' 744 .2000. Respondents shall take such 21 action(s) in consultation with EpA's OSC and in accor dance with all applicable provisions of this Amended Order, includingbut not limited to the Health and Safety plan, 38. Nothing in the-Preceding paragraph shall be deemed to limit any authority of the United States to take, direct, or Amended Order all appropriate action to protect human health and the environment or to prevent, abate, or minimize an actual or threatened release of hazardous substances at or from the. Site.. XxZ. �ODr�rrri►�rldN +dP 1�OY�r ver.,..,....... 39, In the event of unanticipated or changed circumstances at the Site, Respondents shall notify the EpA OSC by telephone within twenty-four (34) hours of discovery of the unanticipated or changed circumstances. This verbal notification shall be followed by written notification postmarked no later th an. three ' (3) days of discovery of the unanticipated or changed cir- cumstances. 40. The Director of the Superfund Division, EPA Region IX may determine that in addition to tasks addressed herein, additional work may be required to address the unanticipated pa ed or changed circumstances referred to in paragraph 39. Where con.is- tent with Section 106(a) of CERCLA., the Director of .the Superfund Division, EPA Region IX, may direct, as an amendment to this 22 d -/ep Amended order, that Respondents perform these response actions in addition to those required herein. Respondents shall implement the additional tasks which the Director of the 'Superfund Division, EPA Region IX, identifies. The additional work shall be completed according to the standards, specifications, and schedules set forth by the Director of the superfund Division, EPA Region IX in any modifications to this Amended order. XX22. 6199M PILOJiCC',C" HNSUM 41. EPA has designated Richard .Martyn, an employee of Region IX of EPA, as its primary On-Scene Coordinator ("OSC") and designated representative at the Site, who shall have the authorities, duties, and responsibilities vested in the Osc by the NCP. This includes, but is not limited to, the authority to halt, modify, conduct, or direct any tasks required by this Amended order: or undertake any response actions (or portions of the response action) when conditions At the Site present or may present -a threat to public health or welfare or the environment as set forth in the NCP. The Trust has previously. designated Clayton Environmental Consultants as its Project Coordinator and Clayton has been responsible for overseeing Respondents, implementation of this Amended order. This obligation shall continue and shall be applicable to all Respondents. To the 23 ........................... .... ... .. .. . . maximumxten e t possible, all oral communications between Respon- dents and EPA concerning the activities performed pursuant to this Amended Order shall be directed through EPA,a OSC and Respondents' Project Coordinator. All documents, including progress and technical reports, approvals, and other correspon- dence concerning the activities performed pursuant to the terms and conditions of this Amended Order, shall be delivered in accordance with Paragraphs 28-40 of the Original Order, as modified by the parties. 42. EPA and Respondents may change their respective OBC and Project Coordinator. Notification of such a change shall be made by notifying the other party in- writing at least five (5) days prior to the change, except in the case of an emergency, in which case notification shall be made orally followed by written notification as soon as possible. 43. Consistent with the provisions of this Amended Order, the EPA designates John Jaroa as an alternate OBC, in. the event Richard Martyn is not present at the site or is otherwise unavailable. . During such times, John Jaros shall have the authority vested in- the On4cene Coordinator (•OSC") by the NCP, as not forth in paragraph 41 above. 24 44 . The absence of the FPA OSC from the Site shall not be cause for the stoppage of work. Nothing in this Amended Order shall limit the authority of the EPA OSC under federal law. 45. ' Respondents shall permit TPA and its authorized representatives-to have access' at all times to the Site: to monitor any. activity conducted pursuant to this Amended Order and to conduct such tests or investigations as EPA deems necessary. Nothing in this Amended Order shall be deemed a limit upon EPA's authority under federal law to gain access to the Site. 46. The Trust has previously obtained access to the site. To the extent that Respondents requires additional access to land other than land the own in carrying out the terms of this Amended Order, Respondents shall, within fifteen (15) days of the Effective nate of this Amended Order, obtain access for EPA, its contractors, oversight officials, or other authorized representatives; statee'oversight officials and state contractors; and Respondents or their authorized representatives. If Respondents fail to gain access within fifteen (15), days, they shall continue to use best efforts to obtain access until access is granted. For purposes of this paragraph, "best efforts" in- 25 ........................ eludes but is not limited to, seeking judicial assistance, providing indemnification, and/or the payment of money as consideration for access. . If access is not provided within the time referenced above, EPA may obtainaccess .under Sections 104 (e) or 106(a) of cERCLA. ,V. BEIMBIMSEKENT OF OVBRBXgn COSTS 47. Respondents shall reimburse EPA, upon written demand, for all response costs incurred by the United States in overseeing Respondents' implementation of the requirements of this Amended Order. EPA may submit to Respondents on a periodic basis a bill for all response costs incurred by the United States. with respect to this Amended order.. Respondents shall, within thirty (30) days of receipt of .the bill, remit by cashiers or certified check for the amount of those costs made payable to the "Hazardous Substance Superfund, " to the following address; U.S. Environmental Protection Agency Region 9, Attn. : Superfund Accounting P.O. Bou 360863M Pittsburgh, PA 15251 Respondents shall send a cover letter with any check and the letter shall identify the PRC Patterson Site by name and make reference to this Amended Order. Respondents shall send simultaneously to the EPA OBC notification of any amount paid, including a photocopy of the check. 26 48. Interest at. the rate established under section 107(a) of CERCLA shall begin to accrue on the unpaid balance from the, day of -the original demand notwithstanding any dispute or objection to any portion of the costs. XV1. DZUT IN P�4RFO3t � 49.. Any delay in performance of any requirement of this Amended Order that, in the EPA's judgment, is not properly + justified. by Respondents under the teras of this Section shall be considered a violation of this Amended Order. Any delay in performance of any requirement of this Amen&id Order shall not affect any other obligation of- Respondents under the terms and conditions of this Amended Order. 50. Respondents, as applicable, shall notify SPA of any delay or anticipated delay in performing any requirement of this Amended Order. Such notification shall be made by telephone to EPA's. primary OSC within twenty fouyr (24) hours after Respondents first knew or should have known that a delay might occur. The Respondents shall adopt all reasonable measures to avoid or minimise any such delay. Within three (3) days after notifying EFA by telephone, the Respondents shall provide written notification fully describing the nature of .the delay, any justification for delay, any reason why the Respondents should 27 ..................... not . be held strictly accountable for failing to comply with any relevant requirements of this Amended Order, the measures planned and taken to minimize the delay, and a schedule for implementing the measures that will be taken to mitigate the effect of the delay. Increased costs or expenses associated with im- plementation of the activities called for in this Amended order are not Justifications- for any delay in performance. 51. • If Respondents are unable .to perform any activity or submit any document within the time required under this Amended Order, the Respondents may, prior to the expiration of the time, request an extension of time in writing. The extension request shall include a .justification for the delay. -The submission of an extension request shall not itself affect or extend the time to perform any of Respondents' obligations under this Amended order. 52. If EPA determines that good cause. exists for an extension of time, it may grant a request made by Respondents pursuant to paragraph 51 above, and specify in writing to the Respondents the new schedule for completion of the activity and/or submission of the document for which the extension was requested. 28 - _:.. S3. Respondents shall maintain, during the pendency of this Amended order, and for a minimum Of five (5) years after FPA provides notice to Respondents that the work has been completed, a depository Of the records and documents required to be prepared under this Amended Order. In addition, Respondents shall retain copies of the most recent version of all documents that relate to hazardous substances at the site and that are in its possession or in the possession of its employees, agents, contractors, or attorneys. After this five-year period, Respondents shall notify LPA at least thirty (30) days before the documents are scheduled to be destroyed. If BPA so requests, Respondents shall provide these documents to BPA. XW11. MrQLQM= Ata ► AxazRVATZM S4. EPA reserves the right to bring an action against Respondents under Section 107 of CBRCLA, 42 U.S.C. 39607, for recovery of any response costs incurred by the United States related to this Amended Order and not reimbursed by Respondents. This reservation shall include but not be limited to past costs, direct costs., indirect costs, the costs of oversight, . the costs of compiling the cost documentation to support oversight costs, 29 ..........._..........._. ....... 0_ / CYT as well as accrued interest as provided in Section 107 (a) of CERCLA, 42 U.S.C. 59607. 55. Notwithstanding any other provision of this Amended Order, at any time during the response action, EPA may perform its own studies, complete the response action (or any portion of this response action) and seek reimbursement from Respondents for its costs, or seek any other' appropriate relief. 56. Nothing in this Amended Order shall preclude EPA from taking any additional enforcement action, including modification of this Amended Order or issuance of additional Amended Orders, or additional remedial or removal actions as EPA may deers necessary, or from requiring Respondents .in the future to perform additional activities pursuant to CERCLA, 42 'U.S.C. I9607(a) , sea. , or any other applicable law. Respondents shall be liable under CERCLA Section 107(a) , 42 U.S.C. 19607 (a) , for the costs of any such additional actions. 57. Notwithstanding any provision of this Amended Order, the United States hereby retains all of its information gathering, inspection and enforcement authorities and rights under CERCLA, the Resource Conservation and Recovery Act, or any other applicable statutes or regulations. 3d Se.. Notwithstanding compliance with the terms of this Amended Order, including the completion of an EFA-approved response action, Respondents are not released from liability, if any, for any enforcement actions beyond the terms of this Amended Order taken by EPA. 6g. EPA reserves the right to take any enforcement action pursuant to CERCLA or any other legal authority, including the right to seek injunctive relief, monetary penalties, reim- bursement of response costs; and punitive damages for any viola- tion of law or this Amended Order. 60. EPA expressly reserves all rights and defenses that it may have, including the EPA's right both to disapprove of work performed by Respondents and to request the Respondents perform tasks in addition to those detailed in both the Original and the Amended Order. 61. " This Amended Order does not release Respondents, individually or collectively, from any claim, cause of action or demand in. laK or equity, including, but not limited to, any claim, cause, of action, or demand which lawfully may be asserted by representatives of the United States or the State of California. 31 (4 62 . No informal advice, guidance, suggestions, or comments by EPA regarding reports, plans, specifications, schedules, and any other writing submitted by Respondents will be construed as relieving Respondents of their obligation to obtain such formal approval as may be required by this Amended order. X22. SEVER MITY 63. If any .provision or authority of this Amended order or the application of this Amended order to any circumstance is held by a court to be invalid; the application. of such provision to other circumstances and the remainder of this Amended Order .shall not be affected thereby, and the remainder of this Amended Order shall remain in force. 64. The United States, by issuance of this Amended order, assumes no liability for any injuries or damages to persons or property resulting from acts or omissions by Respondents, or their employees, agents, successors,. assigns,. contractors, or consultants in carrying out any action or. activity pursuant to this Amended .Order. Neither EPA nor the United States shall. be held as a party to any contract entered into by Respondents, or their employees., agents, successors, assigns, contractors, or 32 17 consultants in carrying out any action or activity pursuant to this Amended Order. XXx. FMO Z5-MRQNMILSA CR 65. Respondents are advised pursuant to Section 106(b) of CERCLA, 42 U.S.C. Section 9606(b) , that willful violation or subsequent failure or refusal to comply with this Amended order, or any portion thereof, may subject Respondents to a civil penalty of up to $25,000 per day for each day in which such violation occurs, or such failure to comply continues. Failure to comply with this Amended Order, or any portion thereof, without sufficient cause may also subject Respondents to liability for punitive damages in an amount three times the amount of any cost incurred by the government as a result of the failure of Respondents to take proper action, pursuant to Section 107(c) (3) of CBRCLA, 42 U.B.C. Section 9607(c) (3) . XXXI. CTXV 2M 66. This Amended Order supercedes the Original order, Docket No. 98-12 and is effective, on November 30, 1999. 33 .................. _ XXIII. TERM•Y LIMON MM QATIJIFACTrbN 67. The provisions of. this Amended Order shall be deemed satisfied upon Respondents' receipt of written notice from EPA that Respondents have demonstrated, to the satisfaction of EPA, that all of the terms of this Amended Order, including any additional tasks which EPA has determined to be necessary, have been completed. 34 _.. .. Amended Unilateral Administrative Order 98-12A IT IS SO ORDERED: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY By: 6-jaA , r eA Date: ` Keith A. Takata, Director Superfund Division Region 9 EPA Region 9 Contacts: Richard Martyn On-Scene Coordinator (SPD-6) Office of Emergency Response EPA, Region 9 75 Hawthorne Street San Francisco, CA 94105 (415) 744.2288 Jeanne Elias Assistant Regional Counsel (ORC-3) Office of Regional Counsel EPA, Region 9 75 Hawthorne Street Sam Francisco, CA 94105 (415) 744-1317 John Jaros Enforcement and Investigation (SFD•6) office of Emergency Response EPA, Region 9 75 Hawthorne Street Sari Francisco, CA 94105 (415) 744-3316 35 Last of Attachments Attachment 1 - List of Respondents Attachment Z - Definitions Attachment 3 - Site map Attachment 4 - RPA Unilateral Administrative Order 98-13 36 CRANE'S WASTE OIL INC DESERT MOUNTAIN OIL CO JANET CRANE AVANSINO,MELARKEY&KNOBEL FOR RONDO (5412 HIGHWAY 178 MARK KNOBEI,,ESQUIRE WELDON,CA 93283-9742 165 WEST LIBERTY STREET RENO,NV 89541 DURA BUILT TRANSMISSION GIBSON ENVIRONMENTAL DAVID FIREWORKER W P VAN LOBEN BELS 9317 GREENBACK LANE 12442 DAVIS CUP COURT ORANGEVALE,CA 95662 BAKEILVIELD,CA 94511 H&H SHIP SERVICE 00 HEDRICK DISTRIBUTERS NNVBAYSIDE OIL CO, WILLIAM HARRIS KIM GLEN 37 LA SALLE AVENUE 214 ENC INAL STREET PIEDMONT,CA 94611 SANTA C3tUZ,CA 95060 *HOMESTAKE MINING COhIPANY OF CALIFORNIA HUNTWAY REFDMY ALANCOX OX STEPHEN P.PIATEX 650 CALIFORNIA ST JRT 1651 ALAMEDA SIRS" SAN FRANC,CA 94108 WILMINGTON,CA 90744 KAISER PERMANE M LAIDLAW GAS RECOVERY HIDE YOUNG LBB COOPER.WHITE A COOPER ONE KAISER PLAZA KEITH HOWARD,ESQUIRE OAKLAND,CA-94612 1333 N CALIFORNIA BLVD#W WALNUT C REEF,CA 94596-4527 LASSEN GOLD MINING INC MARIN'TUG&BARGE,INC DELBERT PARR GARY WINSTC)N PO BOX 365 1316 CANAL BLVD ADIN,CA %00"305 RICHMOND,CA 94804 *MATSON NAVIGATION MANY,INC. MOBIL OIL CIC? DANIEL L.JOHNSON ED CHAPMAN,ESQUIRE P.O.BOX 7452 3225 GALLOWS ROAD SAN FRANC ISW,CA 94120 ROOM 3D 1740 FAIRFAX,VA 22037-001 *An asterisk Gedkaret that the homed Rapaerdent is a member of the Pa Iron Rnvftnnmtal Respowe 7!^w Attacbment "1" Section "1" ';✓, `" Original Rg ondents ADVANCED ENVIRONMENTAL INC ADVANCED PETROLEUM RECYCLING JOSEPH HAVADI JIM ENNIS 9642 ASPEN HELLS 13579 WHrITRAM AVENUE SANDY,UT 84492 FONTANA,CA 92335 ALAMEDA CONTRA COSTA TRANSIT DISTRICT ALL PETROLEUM RECOVERY SERVICES,INC. ROPERS,MAS KOHN,BENTLEY C.O.TRIEBEL ROBERT P.SORAN,ESQUIRE OAKLAND,CA 94612 OA14TH STREET 1401 MARSHALL STREET REDWOOD CTTYr CA 94463 ALL WASTE TRANSPORTATION ALLIED OIL&PUMMG LEBOEUFr LAMB,GREENS do MACRAE REX SHIPMAN N JOSE, ► 51 JON BENJAMIN,ESQUIRE SASAN,CA 951 32 ONE�ARCADERO CEhTIER:SUI' 400 1 SAN FRANCISCO,CA 94111 ALS PETROLEUM ALV1SO INDEPENDENT OIL CO MR COLIN KELLY LARRY EVAN$ PO BOX 35S 1 1110 TAYLOR STREET MODEM,CA 95352 ALVLSiO,CA 95002 AMERICAN VALLEY EN"ERONMENTAL SVS ARCO PRODUCTS COMPANY JESS WOMACK BELL LEMOS 444 SOUTH FLOWER STREET 2930 GEER ROAD,SUITE 253 LOS ANGELES,CA-90071 Dom,CA 93380 CHICO DRAIN OIL SERVICE CAL TRANS HUGH LOROQUE KATHY PAPALIA,DEPUTY ATTORNEY 1618 WEST STH STRW SAC�r CA 95814 CHINO,CA 95928 •CONAGRA GROCERY PRODUCTS COMPANY 'CONTINENTAL MARrIlME INDUSTRIES,INC. CAN COMPANY FORMS PARENT OF SERVICE EN G GO UNITED LEg L WIM?4,VP&GENERAL COUNSEL THOMAS1 W ESQUIRE 1995 HAYFROPTT snumI` SAN DIEGO,CA 91977 SUM 1400 OMAHA,NE 68102 .. .._..i.»w«.,.r�v. >w+„d•,rr a n rrba o�'tlit Pattsrsa�a Er�ral Retpo+�ta 7hm •NATIONAL STEEL AND SHIP BUILDING COMPANY NOR-CAL OIL INC T.MICHAEL CI'HEE MRS.EMMA RJE'I T,PRESIDENT MANAGER,ENVIRONMENTAL ENGINEERING PO BOX 645 P.O.BOX 85278 DENAIR,CA 953164645 SAN DIEGO,CA 9218&5278 *OWENS-ILLINOIS INC *PACIFIC TELESIS GROUP ON BEHALF OF ITSELF AND SUBSIDIARIES dt IRENE SOTO NIRAV RAJ PARiKH,ESQUIRE 2600 CAMINO RAMON,ROOM 3EOOOU ONE SEAGATE BUILDING 25 LDP SAN RAMON,CA 94583 TOLEDO,Off 43666 *PETRO STOPPING tEN T'ERS,L.P. •PINOLE POINT STEEL NANCY C.SANTANA,ESQUIRE THEM,REIN►&PRIEST LLP 6080 SURETY DRIVE GREGORY P.OWARA,ESQUIRE EL PASO,TX 79905 333 WEST SAN C.ARLOS I7TH FLOOR SAN JCS,CA 95110 *PRIMEX TACTICAL SYSTEMS RAMOS ENVIRONMENTAL SERVICES CJO PRIMEX TECHNOLOGIES,INC:. ERN,ESI"O L PBREZ,ESQUIRE WILLIAM L DUFFIN 15+10 JEFFERSON BOULEVARD 101019TH STREET NORTH WEST SACRAMENTO,CA 95691 ST.PETERSBERG,FL 33716.3807 REEDGRAHAM iNC REM DRAIN OIL SERVICE REED,El.LIOT,CREEC H ROTH' RIC HARD CHANNEL JEFFREY LAWSON,ESQUIRE 11970140 EAST 99 ALMADEN BLVD 8TH FLOOR SPARKS,NV 89434 SAN JOSE,CA°95113-1606 *ROCKWELL INTERNATIONAL CORP. SAC RAMMM WASTE OIL WAUKESHA ELECTRIC SYMS15 ALBERT HERNANDEZ A DIVISION OF GENERAL SIGNAL POWER SYSTEMS 45W DUNNSURY WAY CJO DAN MCGRADE,DM ENV.AFFAIRS SACRAMSM,CA 95843 SPX CORPORATION 700 TERRACZ POW DRIVE MUSKEGAN,MI 49443-3301 SAF&wAY C HEMIC.AL CO D C SAN FRANCISCO DRY DOCK JUDY MOSELEY LATHAM J6 WATKINS 664 STOC KTON AVENUE,UNIT I KARL LYM ESQUIRE SAN JOSE,CA 93126 305 MONTGOMERY STRm,SCUTTE 1900 SAN FRANC ISM,CA 94111 • , -....res indkwtet that the nomadRopwdext is a member of the Patterson Ean+irvraanwwi Ropow r art *SANTA CLARA VALLEY TRANSIT AUTHORITY SIGNODE CORP/ SUZANNE B.GIFFORD,ESQUIRE MORRISON&FOS 31331 NORTH FIRST STREET BLDG.C-2 PETER HSIAO SAN JOSE,CA 95134-1906 555 WEST 57H STREET LOS ANGELES,CA 90013-1024 TANK TESTING ENVIRONMENTAL INC TEXACO,INC. BOB WILLIAMS GORDON A TURL 3567 TASSAJARA COURT 2255 NORTH ONTARIO STREET FAIRFIELD,CA 94533 ROOM 131 BURBANK,CA 91504 •THE BURLINGTON NORTHERN AND SANTE FE •TIME OI.CO. MICK E.HARDIN,MANAGER ENV.REMEDIATION RICHARD GORDON,ESQUIRE 740 EAST CARNEGIE 2737 WEST COMMODORE WAY SAN BERNADINO,CA 92408 SEATTLE,WA 98199 •UNION OIL COMPANY OF CALIFORNIA UNION-PACIFIC RAILROAD COMPANY C!O CT CORPORATION SYSTEM ATTN:ROBERT C.BYLSMA,ESQUIRE 818 WEST 7TH STREET 10031 FOOTHILLS BOULEVARD LOS ANGELES,CA 90017 SUITE 200 ROSEI LLE,CA 95747 WASTE OIL RECOVERY SYSTEMS INC WORLD COLOR MERCED ANTHONY FALCON LATHAM&WATKINS,ESQUIRE 6401 LEONA STREET CARY PERLMAN,'ESQUIRZ OAKLAND,CA 94605 SEARS TOWER;SUITE 5800 CHICAGO,II.60" YYK ENTERPRISES,INC CIJLLIN MORNING 1020 44TH AVE OAKLAND,CA 94601 *An astsrisk indlcatss that the named Raspondent is a member of tis Pattasoa Environmsnta/Response rrun Attxcbment 111" Section "2" New Respondents � �- 10 MIN LUBE N OIL ACCUTTTE OLYMPIAN OIL JERRY BALSWICK, TRUMP,ALIOTO,TRUMP do PRESCOTT DENNIS BUCHANEN DAVID HARRIS,ESQUIRE 417 N.GOLDEN STATE BLVD 2280 UNION STREET TURLOCK,CA 95380 SAN FRANCISCO,CA 94123 ALFRED CON14AGEN INC OF CA ALL AMERICAN OIL CO MILLED,STAR,&REGALIA GENERAL MANAGER EUGENE MILLER,ESQUIRE 8626 S MAIN STREET 1331 N.CALIFORNIA BLVD. LOS ANGELES,CA 90003 WALNUT CREEK,CA 945% ALL VALLEY OIL RECYC2.ERS AMERICAN FALCON VESSEL 'DOUG AND.DEBBIE DUERKSEN GROWL Y AMERICAN TRANSPORT 1642 WEST MESA DAN CONATON FRESNO,CA 93771 9487 REGENCY SQUARE WARD JACKSONVILLE,PL 32225 AMERICAN MERLIN VESSEL ' BALL-FOS ER GLASS C OJ= OSPREY MANAGEMENT ROBERT MCCLEL.LAND,ASSOCIATE GENERAL v!►ILLIAM C1m m PRESIDENT P.O.BOX 5000 6300 ROCKSPMG DRNB SUITE 300 BRCKAGMiLD,CO 80038-5000 BETHESDA,MD 20817 BARRICK GOLDSn=MINES INC . BAY DECKING CO INC PARSONS BEHLE&LATIMER SEYFARTH,SHAW,FAIRWEATHER+6 GERAL..DSON HAL.J.POS,ESQUIRE PETER S.VINCENT,ESQULRB 201 SOUTH MAIN STREET , 101 CALSTORNLA ST.,SUITE 2900 surm 1800 SAN FRANCISCO,CA 94111 SALT LAKE CITY,UT 8411.1.2115 BP OIL COMPANY BURKE RUBBER CO BROWSE&MCDOWUL GM SON,DUNN&CIZUTC HER LLP CHERYL FOERST 14M QUIRE ALAN B=ESQUIRE 1001 LAKESIDE AVE"#1600 GAMBORBB CSI ER CLEVELAND,OH 44114 4 PARK PLAZA IRVINE„CA 91614.8337. CAL ENEBRY COMPANY INC: CALIFORNIA AND HAWAIIAN SUGAR COMPANY BRUCE CARLSEN,EH8 MGR. C&H SUGAR COMPANY 9$0 W.LINDSEY ROAD SANDRA H.STEVENS,DIRECTOR ENVIRONMENTAL CALIA'TRIA,CA 92233 • 830 LORING AVENUE /hywfE T,CA 94r2$ ................................................. . . CELLOTAPE INC CENTRAL COAST ANALYTICAL SERVICE �✓' FRED REDMAN,PRESIDENT STEVE HAVLICEK 47623 FREMONT BOULEVARD 1140 PETAL STREET FREMONT,CA 94538-6577. DALLAS,TX 75238 CERTIFIED GROCERS OF CALIFORNIA CHALLENGE DAIRY LITTLER MENDELSON CATHERINE JOHNSON,ESQUIRE BETHANY M.KAYE,ESQUIRE 1 I I 1 BROADWAY S'TREE'T,24TH FLOOR 654 CALIFORNIA STREET,20TH FLOOR OAKLAND,CA 94607.4036 SAN FRANCISCO,CA 94108-2693 CIRCLE K STORES INC. CITY do COUNTY OF SAN FRANCISCO W.THOMAS SKOK RONA SANDLER,ESQUIRE P.O.BOX 52085 CITY HALL ROOM 234 PHOENIX AZ SS072-2085 I DR CARLTON B OOODLET PL SAN FRANCISCO,CA 94102 CITY OF EMERYVILLE CITY OF FRESNO PEDESTRIAN AND BICYCLE OVERCROSSING RISK MANAGEMENT DIVISION MICHAEL.G.BIDDLE.CITY ATTORNEY ELIZABETH VEL.ASCO 2200 POWELL STREET, 12TH FLOOR 2600 FRESNO STREET FMERYVILI,CA 94608 FRESNO,CA 93721-3612 CTTY OF MERCED CITY OF SACRAMENTO OFFICE OF THE CITY ATTORNEY GREGORY B.BRAGG&ASSOCIATES,INC. ATTN: TOM GUARINO CHRISTOPHER M.LAWLEY,MANAGER 678 WEST I8TH STREET 921 10TH STREET MERCER,CA 95340 . SUITE 700,DE". 1 S45 SACRAMENTO,CA 95814 CITY OF STOCKTON CONSOLIDATED FREIGHTWAYS DOUGLAS H.CALKINS,CITY ATTORNEY ARTHUR HACKWORTH,CORPORATE COUNSEL 425 N.ELDORADO STREET 175 LINIgELD DRIPS STOCKTON,CA 95202.1997 MENLO PARK,CA 94023 CONTAINER MANAGEMENT SERVICE CO CONTINENTAL MARITIME OF SAN FRANCISCO ANDY BARAIAS,GENERAL MANAGER ROGER A.PICCHI 21301 CLOUD WAY PO BOX 1044 HAYWARD,CA 94545 ALAMO,CA 94347 CONWAY WESTERN EXPRESS COUNTRY CLUB SERVICES CON-WAY,INCJCNF INC:. THE COUNTRY CLUB SERVICE CENTER 1111112 1 9111 � AMS ATTN.CRAIG FURGESON 3240 HILLVIEW AVE PALO}ALTO,CA 94304 STOCKTON,CA 95204 COUNTY OF AL AMEDA COUNTY OF SONOMA ALAMEDA COUNTY COUNSEL. SONOMA COUNTY COUNSEL'S OFFICE NICK ARAC2C,ESQUIRE DAVID MCFADDEN 1221 OAK STREET,ROOM 453 573 ADMINISTRATION DR*,RM. 105A OAKLAND,CA 94612 SANTA ROSA,CA 94503.2881 COUNTY OF STANIS LAUS DAN RYAN INDUSTRIES INC STANISL.AUS COUNTY COUNSEL JEFF SWANSON,ESQUIRE JOHN P.DOERING 2515 PARK MARINA DRIVE 0102 1010 TENTH STREET REDDING,CA 96001 SUM 6400 MODESIO,CA 95333 DOW HAMMOND TRUCKS CO ECONO LUBE&TUNE JOHN BARNES DAVID MCCOMBS STH A G STREET 4911 BIRCH STREET MODEM,CA 45350 NEWPORT BEAM CA 92660 EMPORIUM EXXON FEDERATED DEPARTMENT STORES D.JOSEPH PO'TVIN JAMES M.ZIMMERMAN P.O.BOX 2180 7 WEST 7TH STREET" ROOM EB 1741 CINCINNATI,OH 45202 HOUSTON,TX 77252»2180 FIRESTONE FULTON SHIPYARD JONES,DAY,REAVIS A POGUE LELAND,PARACHIM ET.AL.. HEIDI HUGHES BUMPER$,ESQUIRE PETE 1L WOL.FT IR.,ESQUIRE 51 LOUISIANA AVENUE,N.W. 333 MARKET STREET,SUITE 2300 WASHINO WN,DIC 20001,2113 SAN FRANCISCO,CA 94105 ' GALLO GLASS COMPANY GEORGIA PACIFIC CORD TIMOTHY A.BYRD,ATTORNEY PETER H.SMITH,SENIOR COUNSEL P.O.BOX 1130 133 PEACHTR'EE STREET NE MODESIO,CA 95353 P.O.BOX 105603 ATLANTA,GA 30303 GOODYEAR HABER OIL PRODUCTS TUE GOODYEAR TIRE&RUBBER COMPANY RANDICK&ODEA � 6 GEORGE S.DUNN.SENIOR PARALEGAL JULIE ROSE,ESQUIRE 1144 EAST MARKET STREET 1800 HARRISON;SUITE 2350 AKRON,OH 44316.0001 OAKLAND,CA 94612 HEAVENLY VALLEY LTD PARTNERSHIP HOLT BROS TRACTOR&LMPLnW4T C/O AMERICAN SKIING COMPANY THE LAW OFFICES OF GEOFFREY 0.EVERS DEIRDRE O`CALLAGHAN,ASSISTANT GENERAL GEOFFREY 0.EVERS ONE PARKWAY 765 UNTI/ERSITY AVENUE,SUITE 200 P.O.BOX 450 SACRAMENTO,CA 95825 BETHEL,ME 4217 HTI TANK WASH JG BOSWELL JOHN HARKRADER,PRESIDENT EDWARD C.GIERMANN.ESQUIRE 9957 MEDFORD AVENUE,BUILDING 11 101 WEST WALNUT STREET OAKLAND,CA 94603 PASADENA,CA 91103 JIFFY LUBE KLAMATH FERRYBOAT ASSOCIATES HELLER,EH MAN,WHITE&MCAULIFFE DEL.AGNES.MTPCHBLL&LINDER JOSEPH ARMAO,ESQUIM TED MITCHELL,ESQUIRE 333 BUSH ST. 300 MONTGOMERY STREET SAN FRANCISCO,CA 94104 SUITE 1030 SAN FRANCISCO,CA 94104 L.J.ENGINEERING L.AIDLAW GAS RECOVERY MARK STOUT,PRESIDENT COOPER,WHITE&COOPER 440 ALDO AVENUE KETIH HOWARD,ESQUIRE SANTA CLARA,CA 95034 1333 N CALIFORNIA BLVD#460 WALNUT CREEK,CA 94596-4527 LIBERTY MACHINE INC LMC METALS DANIE L BOHANNON SIMSMETAL USA CORPORATION 34325 ARDENWOOD BLVD CIO MYLES A.PARTRIDGE FREMONT,CA 94353 600 SOUTH 4TH STREET RICHMOND,CA 94804 MATLACK INC MYERS CONTA NM CORA THELEN REID&PRIEST LLP CROSBY,HEAFY,ROACH&MAY GREGORY P.071ARA,ESQUIRE JOHN SMITH,ESQUIRE 333 W.SAN CARLOS STREET, 17TH FLOOR 1999 HARRISON STREET SAN JOSE,CA 95110 OAKLAND,CA 94612 NAPA FABRICATORS NATIONAL AUTOIfRUCKSTOPS NAPA PIPE CORPORATION TRAVELCENTERS OF AMERICA CORPORATE COUNSEL EMILY GLOECKLER 1025 KAISER ROAD 24681 CENTER RIDGE ROAD NAPA,CA 94358 SUITE 208 WESTLAKE,OH 44145-3639 NEWMONT GOLD CO QUARRY NORWEGIAN CRUISE LINE BALLARD SPAHR PHILLIP M.BRAZLAVSKY,ESQUIRE ELIZABETH TEMKIN, rQUIRE 7653 CORPORATE CENTER DRIVE 1225 17TH STREET,02300 MIAMI,FL 33126 DENVER,Co 80202 OIL CHANGERS OROVILLE COGENERATION POWER PAC JASON BERQUIST,COMPLIANCE OFFICER ATTN: RON WALKER,PLANT MANAGER 4511 WILLOW ROAD;SUITE 1 695 CAL OAK DRIVE PLEANSANTON,CA 94588 OROVILLE,CA 93963. PACIFIC ENERGY PACIFIC GAS&ELECTRIC COMPANY OGDEN ENERGY GROUP BARBARA S.BENSON,ATTORNEY NANCY TAMMI,ESQUIRE P.O.BOX 7442 40 LANE ROAD SAN FRANCISCO,CA 94120 FAIRFIELD,NJ 7007 pAXTANK CORpOIRATION-RICHMOND TERMINAL PENNZOIL 10 MINUTE OIL CHANGE PAIGE BAILEY DOSS,GENERAL COUNSEL. GENERAL.MANAGER 2004 WEST LOOP SOUM SUITE 2200 720 EAST HAMMER LANE HOUSTON,TX 77027-3597 STOCKTON,CA 95210 pENMU,QUAKBR STATE COMPANY PENSKE TRUCK LEASING CO.,L.P. PENNZOIL„pE orLM PRODUCTS COMPANY A MINTT RICHARD G.SAUT,ENV PROJECT MANAGER HELLER.EHRMAN1,WHITE A MC.AULI'F FE P.O.BOX 363 RT 10.. JOSEPH ARMAO,E9qJlRB READING,PA 19603-7633 333 BUSH STREET SAN FRANCI=CA 94104 PEPSI COLA BOTTLING CO PETERSON CATERPILLAR BOTTLING GROUP LLC FTTZGERALD,ABBOT&BEARDSLEY LLP KATHY BOW,LEGAL ASSISTANT PAUL S.KIEL,ATTORNEY I PEPSI WAY 1221 BROADWAY;21ST FLOOR SOMERS,NY 10389 OAKLAND,CA 94612-1837 PLACER UNION HIGH SCHOOL DIST PART OF OAKLANDr' GIRARD&VINSON DAVID GIRAvVENDEL,ROSEN&BLACK RD,ESQ&DEANNA MOUSER,ESQ CATHERINE W.JOHNSON,ESQUIRE 1676 N.CALIFORNIA BLVD;SUITE 450 111 I BROADWAY WALNUT CREEK,CA 945% 24TH FLOOR OAKLAND,CA 94607.4036 R M KING CO REDWOOD OIL MR.KING,PRESIDENT ROBERT L BARBMPL PRESIDENT 315 N.MARKS AVENUE P.O.BOX 428 FRESNO,CA 93706 SANTA ROSA,CA 95402 RINEHARTS TRUCK STOP SACRAMENTO BEE TRUMP,ALIOTO,TRUMP&PRESCOTT MURPHY AUSTIN ADAMS SCHoE1VFI'a D LLP DAVID HARRIS,ESQUIRE 2280 UNION ST'RE'ET MICHAELO'NFII." � 1000 G STREET, SAN FRANCISCO,CA 94123 3RD FLOOR SACRAMENTO,CA 95812 SCANNAVINO TRUCILING SCHLAGE LOCK CO S7 EDOMIMER,RIGGIO,HAYDEL,fit MORDAUNT 'I"TIBI.EN READ&PRIEST LLP SCOTT MALM,ATTORNEY AT LAW GREGORY P.OIARA,EfiQLJIRB 400 EAST MAIN STREET SLIME 600 333 W.SAN CARLOS STREET;•17TTI FLOOR STOCKTON,CA 95290.0600 SAN JOSE,CA 95110 SFPP LP SFUSD KINDER MORGAN ENERGY PARTNERS,L.P. RONA SANDIER,ESQUIRE MICHAEL.B.SC R WERDFEGER.ESQUIRE CTTY HALL ROOM 234 1100 TOWN R COUNTRY ROAD I DR CARLTON B GOODLET PL ORANGE,CA 92868 SAN FRANCISM.CA 94102 SHELDON OIL COMPANY SHELL OIL PRODUCTS COMPANY SHELDON LEASING CORP(DBA) REMEDIATION MANAGER FAVORO,LAVE?.LO,CARETTI I,GILL&HEPPFLL WILLIAM E.PLATT,III,ESQ. GARY HEPPELL,ESQUIRE 910 I.OUISLANA,SUM 1442 1300 T UOLUMNB HOUSTON,TX 77002 VALLWO,CA 94590 SONOMA STATE UNtV.kWITY SPEEDER LUBE-CASTRO VALLEY CRAIG DAWSON CHRIS TASTARD,MANAGM 1801 EAST COTATI AVENUE 3940 CASTRO VALLEY BLVD ROHNERfi PARK,CA 94928 CASTRO VALLEY,CA 94546 SPEEDER LUBE-DANV LE SPEEDEE LUBE-EL SOBRANTE GENERAL MANAGER BOB DOUGLAS,MANAGER 3600 CAMINO TASAJARA 3220 SAN PABLO DAM RD DANVILLE,CA 94506-4621 EL SOBRANTE,CA 94803 SPEEDER LUBE-GILROY SPEEDER LUBE-MILLBRAE BOB ACCARDO,MANAGER INAX1 MENDEZONA,FRANCHISEE 7970 MONTEREY RD 390 EL CAMINO REAL GILROY,CA 95020 MILLBRAE,CA 94030 SPEEDER LUBE-MILPITAS SPEEDER LUBE-MODESTIO TTM FORTIER,FRANCHISEE BRYAN&DONNA UMLLSAPS,FRANCHLqEE 635 TRADE ZONE 1343 COFFER RD MILPITAS,CA 95033 MODESO,CA 95353 SPEEDER LUBE-MORGAN Hal SPEEDER LUBE-PLEASANTON JACK GE=MANAGER RYAN MALS,MANAGER 890 TE ANT STATION 44 MISSION DRIVE MORGAN HILL,CA 95037 PLBASANTON,CA 94566 SPEEDER LUBE-REDWOOD CITY SPEEDER LUBE-SAN BRUNO, AL3 GHABI,FRANCHMEE MICHAEL&VAL.L.ERIE MAIL„FRANCHISEE 550 VETERANS BLVD $01 EL CAMINO REAL REDWOOD C rIY,C'A 94063 SAN BRUNO,CA 94066.3008 SPEEDER LUBE-TRACY SPEEDER LUBE-VALLEtO GEORGE R ARE 1 SKOULAS,FRANC TIM CORBETT,FRANCHISER 711 W GRANTIME 1675 TUOLUMNE SI' TRACY,CA 95376 VALL EJO,CA 94590 TARGET SPORES INC U MAUI.CORP. HELLER,EHRMAN,WHITE&MCAULIFFE AMERIC O REAL ESTATE JOSEPH ARMAO,ESQUIRE VIC KY MARGARITIS 333 BUSH STREET 2721 NORTH CENTRAL x L AVE;-SUITE 700 SAN FRANCISCO,CA 94104 PHORNIX„AZ 85004 i.,,'LTRAMAR INC UNITED PARCEL.SERVICE,INC ULTRAMAR DIAMOND SHAMROCK CORPORATION ROBERT D.MOWREY CORPORATE COUNSEL ONE ATLANTIC CENTER 6000 N LOOP 1604 W 1201-W.PEACHTREE ST. SAN ANTONIO,TX 78249-1112 ATLANTA,GA 3030+9-3424 VEGAS OIL SERVICE VINTAGE PETROLEUM . CRAIG HERZBERG BRUCE JOHNSON 2039 CIVIC CEN'T'ER 60 RIVER ROAD SUTIE 181 RIO VISTA,CA 94571 NORTH LAS VEGAS.NV 89030 WAL-MART STORES,INC. WEST COAST DRAIN OIL.SERVICE . STINSON,MAG&FIZZELL NICK BARBIERI ELLEN GOLDMAN,ESQUIRE 2002 BRISTLECONE CT 1201 WALNUT STREET;SUITE 2800 SANTA ROSA,CA 95403 KANSAS CITY,MO 64106 WESTERN AREA POWER WESTGATE CENTER NANCY WERDEL,ENVIRONMENTAL MANAGER LUCKING&ASSOCIATES 114 PARKSHORE DANIEL.LUCKII+IG&BERT RETTNER FOLSOM,CA 93630 998 VIA PALO ALTO APTOS,CA 95003 YOSEMITE CONCESSION SERVICES CORPORATION, YCS FACUXTT SERVICES ATTN: VICKI MCMICHAEL P.O.BOX 578 YOSEMITE NATIONAL PARK.CA 93389 . ` Attacbm=t 01' Add ticna? 2gfiniti2 "Action Memorandum" shall mean the Action Memorandum concurred on by the State of California, Issued by the united States Fnvironmeen tal Protection Agency on November 4, 1997. "'Contractor' shall mean Respondents' contractors} and subcontractors contracted to perform the installatiota/ construction, and operation and maintenance activities relating to any of the specific responses actions at the Site Respondents are required to perform. "Day" shall mean a calendar day unless expressly stated to be a working day. "Working day" shall mean a day other than a Saturday, Sunday, or federal holiday. In computing any period of time under this Amended order, where the last day would fall on a. Saturday, Sunday, or- federal holiday, the period-shall rvn until the close of business of the next working day. "operation and Maintenance activities* shall include .future operation and maintenance of all' structures built or Installed to contain the arsenic contamination at the Site until such time as EPA approves the cessation of such activities. "Paragraph" shall-mean a portion of this Amended unilateral order. Identified by an Arabic numeral. "Parties" shall mean the united States, and all those entities Identified as Respondents in Attachment 1 of this Amended Order. "Section: shall mean a portion of this Amended unilateral order identified by a Roman numeral and including one or mare paragraphs. Add#t�3ei±:t1 Def#�#t#ar+i�t "Action Memorandum" shall mean the. Action Memorandum concurred on by the state of California, ,issued by the united States Snvirom mental. Protection Agency on November 4, 1997. "contractor" shall mean Respondents' contractor(s) and subcontractors contracted to perform the installation/' construction, and operation and maintenance activities relating to any of the specific response actions at the Site Respondents are required to ,perform. "Day" shall mean a calendar day unless expressly. stated to be a working day. "Wor*Inp day" shalt mean a day other than a Saturday, Sunday, or federal holiday. In computing°'ashy period of time under this Oxder, where the' last day would fall on s Saturday, Sunday, or federal holiday, the period shall run until the close of bus nesji of the next working day. "Operotdon and Maintenance activities" shall include future operation and maintenance of all structures built or installed to contain the arsenic contamination at the site until such time as LPA approves the ceasation of such activities. "Paragraph" shall mean a portion of this [bilateral carder identified by an Arabic numeral. "Parties" shall mean the th2Eted States, and all those entities identified as Respondents in Attachment 1 of this order. "section" shall mean a portion of this Ubilateral Order identified by a Roman numeral and including one or more paragraphs. ATTACHMENT 2 P, �9 1 r ZR 1 � i ¢ ¢ a ¢ 3 U U U U U U l U U o U Z Z Z z z z Z V z z z z z z z z z ww w w w W w w t0 w z z z z z z z z r` z z z z z i z z z z z � i o w o� MO N fcliV N N D W z z z Iz z z z z fi oAi KJ •; o o 0 O O 0 O O 0 O rCS, rs $ 0 -m o 4> w W W w w w W w -� w � n z Z z z z z z z z 0 b t�3 O O O 0 O ~z7 w z ; z z z z z z z N Q(JS z z Z Z z Z Z z i° o 0 a o o a 0 a 0 Oz U Uy Uy0-j UwU� C)U) U1 Utj U vo a as ¢� ¢n s( W �r p�U WovyU tAU w0 tAU t 0 tJyU Uiw "-w o 0w ow ow ow 0w ow ow o b zf- U U►- UF- U� U UF- U►- UF- ow na o 0 0 o O o 0 0 o to c7� �I �a 0- c a F-� a a I �w z Z zw zw zw zw Izw zw z m z59 O o% ow 0 I oL o!9 oq o- UD AC U LL U U LL U LL U u. U LL U LL U LL U LL U a ela O rn o en 8 co w ami a°i amp co co coO 'UOS O 007 I I a j � z z z z z z z z z a w w w w w w w w w 0 z M 04 Lzu CD z N N L LO J J J J J J J J O O O w O O 0 0 0 hw w ui w Iw— LLJ F- h LU h y S17 V1 C7 w V1 0 i y0i i coQ QD QD jQD Q� � M D Z iU U7 tl� to CD t/} v {n f!) �+ CzJS 0© 0 O 6 O 0 O 0 C00 w d rs Cl) o $ co 0. N MCA M .. � 0. w w w w w W LU W W W LLI w W W a u «moi w co 0 « co a z 0 0 0 0 0 0 0 0 0 lk� %` W® U U U U U U U U U 0 2 w w LL w LL w LL w LL j w 0 U) O O O 0 0 O O O O F-Zp zQ �Q � QQQQ �QQ c t-z'a z r z m Z D M Dcn DW eco D mus D amu) Dcn D 00w 00 00 00 00 00 00 00 00 00 4° U U P U U U U U U U U U U U U U U U U U U 0 q� po pp pp�rp}j � co Cl) MM - to coo y: M M U O b C�'7 O C) (D � C0)i7 am cli [)c (33 QNpEb J O3 di CJ Oi I d o C14 4 w d w A tts A Iz � d 3 0 CyS�i CS � fl M co C� r- � r6* rr r Tsa � c r f EXHIBIT E Explanation of How the Dollar Amount was Computed: To date, the Trust has committed Seven Million Two Hundred Fifty Thousand Dollars ($7,250,000) for the Site's cleanup and anticipates future costs to be approximately Two Million Two Hundred Fifty Thousand Dollars ($2,250,000). The Trust retained Clayton Group Services ("Clayton") to perform the removal activities under the EPA's supervision. Working through Clayton, the Trust, has completed an inventory, sampling, and analysis of all tanks and containers on Site; submitted a Tank and Drum Removal Workplan; overpacked and removed approximately 25 drums; removed and disposed of 106 drums of oil and waste processing chemicals; removed and recycled approximately 1,100 drums of used oil filters, removed and recycled approximately 250,000 gallons of waste oil; brought in emergency storage tanks; and implemented a Community Relations Plan. The Trust also has removed for off-site treatment and disposal approximately 4,000,000 gallons of wastewater from the aboveground storage tanks at the Site. Following the removal of this wastewater, the EPA Orders require the removal and disposal of any sludge remaining in these tanks, followed by the appropriate decontamination and/or demolition of all the tanks. In addition to the work described above, the Trust has incurred costs relating to Site security, Site maintenance, attorneys' fees in responding to the EPA Orders, and identification of other potentially responsible parties. #313056.1 y yam• //`'�j .J7 (� err • +`r�rrrrwr ov 6 � Ln ISO Do 's bi11 0 ..� ` i• 40 v ti �t w: r 1 t y 'WILLIAM H.KOCH ATTORNEYSLLP wkoch@dbsr.com ESTABLISHED 1926 555 CAPITOL MALL 10TH FLOOR SACRAMENTO,CA 95814-4686 TELEPHONE(916)441-0131 March 20, 2000 FAX(916)441-4021 Central Contra Costa Transit '°°° ' '' s Clerk of the Board of Supervisors - R 2 12000 Attn.: Joan Staley 651 Pine St., Rm. 106 Ck , k Martinez, CA 94553 ri Gu 3r1:r1 e,( j Re: Claim Dear Sir or Madam: Enclosed please find one original claim and one copy for filing on behalf of the Patterson Environmental Response Trust and the additional individual claimants identified in Exhibit A (the "Trust") pursuant to California Government Code Section 905 et seq. An additional copy is enclosed to be endorsed and returned to this office. Please file the original, conform the copies, and return our one (1) copy in the stamped self-addressed envelope I have provided for your convenience. If you have any questions, please call the undersigned. Sincerely, DOWNEY, BRAND, SEYMOUR &ROHWER LLP r WendyA. arget, Assistant to, William H. Koch 1313833.1 Enclosures ATTORNEYS • LLP WILLIAM H.KOCH wkoch@dbsr.com ESTABLISHED 11926 555 CAPITOL MALL 10TH FLOOR «. SACRAMENTO,CA 95814-4686 TELEPHONE(916)441-0131 gg PAX(916)441-4021 March 20, 2000 ¢ S MAR 2 12000 VIA CERTIFIED MAIL(RETURN RECEIPT REQUESTED) CLEgK�C=W " xx Central Contra Costa Transit Clerk of the Board of Supervisor Attn: Joan Staley 651 Pine Street, Room 106 Martinez, CA 94553 Re: Claim against Central Contra Costa Transit Dear Ms. Staley: The Patterson Environmental Response Trust and the additional individual claimants identified in Exhibit A (hereinafter collectively referred to as the "Trust") hereby make this claim against the Central Contra Costa Transit District (the "District") pursuant to California Government Code Section 905 et seq. Summary The Trust has claims under both federal and state law against the District relating to the Trust's funding of the removal of hazardous materials at an abandoned waste oil storage facility known as the PRC Patterson, Inc. facility (the "Site"), located at 13331 North highway 33, Patterson, Stanislaus County, California. The Trust is seeking contribution and partial indemnity, including interest, under both state and federal law from the District for the District `s equitable share of the costs for removal and proper disposal of the hazardous materials and other products at the Site. Records from the Site indicate that the District contracted with PRC Patterson, Inc. for the disposal of waste oil, oily wastewater, sludge, or other waste, and these materials remain at the Site. Site Description The Site is located approximately two miles north of the City of Patterson, California. It is surrounded by agricultural land. Facility operations began in the early 1980s by Recycletron Oil, Inc. ("RCI"), doing business as Refineries Central Contra Costa Transit Clerk of the Board of Supervisor Attn: Joan Staley March 20, 2000 Page 2 Services. RCI recycled waste oil and oily water. In 1989, RCI merged with Petroleum Recycling Corporation. Shortly thereafter, a wholly separate corporation, PRC Patterson, Inc., was formed. The Site operated continuously until sometime in 1997. According to the EPA's records, the Site received well over one hundred million (100,000,000) gallons of waste oil, oily wastewater, sludge, used oil filters, or other waste from several thousand customers (i.e., Potentially Responsible Parties, or"PRPs"). The District has been identified as one of these PRPs. Regulatory Involvement at the Site On August 13, 1998, the EPA issued Unilateral Administrative Order("UAO") No. 98-12 ( "UAO 98-12") pursuant to section 106 of CERCLA, 42 U.S.C. § 9606, to 53 separate entities. A copy of UAO 98-12 is attached hereto as Exhibit B. The entities named in UAO 98-12 are persons or entities who the EPA identified at the time of the Order as transporters or generators of waste oil, sludge, or oily wastewater, who sent these materials to the Site between 1980 and 1997. On November 24, 1999, the EPA revised UAO 98-12 by issuing UAO 98-12A. A copy of UAO 98-12A is attached hereto as Exhibit C. An additional 107 PRPs were named in UAO 98-12A, which otherwise contained the same general terms as UAO 98-12. These combined orders (the "EPA Orders") require those named PRPs to take immediate action to prevent and contain any release or potential release of hazardous substances and material from the Site.' By their terms, the EPA Orders apply to and are binding upon all of the entities named and their agents, successors, and assigns. Twenty-two of these entities are cooperating with the EPA to effect the requirements of the EPA Orders. To this end, these entities formed the Patterson Environmental Response Trust to fund the required work. The EPA ordered all PRPs to perform the specific work set forth in the EPA Orders. As stated above, only the Trust, on behalf of its members, is actively complying with the EPA Orders although other PRPs have settled their liability T At this time, the EPA Orders do not address soil and/or groundwater contamination, which could become an issue in the future. DOWNEY BRAND 5EYMOUR&ROHWER LLP Central Contra Costa Transit Clerk of the Board of Supervisor Attn: Joan Staley March 20, 2000 Page 3 with the Trust and are, thus, deemed by EPA to be in compliance with the EPA Orders. The work that the EPA ordered performed includes,but is not limited to: • Submitting monthly progress reports regarding the work at the Site. • Submitting a Sampling and Analysis Plan for the materials at the Site, a Health and Safety Plan, and a Contingency Plan. • Submitting a Tank and Drum Removal Work Plan, which shall include among other things: a plan for removal of the contents of all storage tanks and drums containing liquid, sludge or solid material; a description of the methods for removing the liquid, sludge and solid materials from the tanks; a description of treatment to be performed on the waste; and a plan for decontamination and/or demolition of all of the tanks. • Requiring the PRPs to complete these tasks outlined in the aforementioned plans under the terms of the EPA Orders. • Providing Site security. Legal Basis For Claim The Trust commenced the work required under the EPA Orders in September 1998. Since that time, the Trust has been engaged in identifying PRPs who transported or generated at least 5,000 gallons of waste oil, oily wastewater, or sludge that went to the Site from 1980 through 1997. Review of hazardous waste manifests in the California Department of Toxic Substances Control files, as well as shipping documents at the Site, reveal that the District purportedly contributed 18,650 gallons of such material to the Site. A copy of the Transactional Summary Report, detailing the basis for the volume attributed to the District, is attached hereto as Exhibit D. DOWNEY BRAND sEYMOUR&ROHWER LLP Central Contra Costa Transit Clerk of the Board of Supervisor Attn: Joan Staley March 20, 2000 Page 4 The District is jointly and severally liable for all response costs under CERCLA. Additionally, under the Carpenter-Presley-Tanner Hazardous Substance Control Account Act, California Health and Safety Code sections 25300-25395, the Trust is entitled to indemnification from the District for all response costs, in whole or in part,based on Health and Safety Code section 25363. Under other various state law theories (e.g., contribution, equitable indemnity, unjust enrichment, negligence, etc.), the District is also responsible for its equitable share of the waste at the Site and is, therefore, liable to the Trust for an equitable portion of the cost for removing and disposing of the waste that the District sent to the Site. The District is also liable for a portion of the "orphan share." The orphan share is that volume of waste that is attributable to PRC Patterson, Inc, the owner of the Site, or was sent to the Site by entities or persons who are now defunct or bankrupt, or entities that the EPA is unable to locate. It also includes generators and transporters who are too small for the EPA to effectively and efficiently identify and pursue. Moreover, the District is liable for related response costs, including those associated with the identification of other PRPs. Amount of Claim The Trust continues to expend funds to remove the hazardous materials from the Site and to dispose of these materials at approved facilities. The EPA earlier estimated the cost of removal to be approximately Nine Million Five Hundred Thousand Dollars ($9,500,000). The Trust estimates response costs to be slightly higher. The Trust claims Seven Million Two Hundred Fifty Thousand Dollars ($7,250,000.00) for costs incurred to date and approximately Two Million Two Hundred Fifty Thousand Dollars ($2,250,000) for future costs. Because the removal work is ongoing, the final claim figure is subject to increase, based on the actual, final costs for the removal work. An explanation of how the dollar amount claimed was computed is contained in Exhibit E. Although the District is joint and severally liable for the full amount, the District's anticipated pro-rata share of this amount is estimated to be $11,271. 2 Due to the amount of the claim, this is not a"limited civil case." Cal. Gov't Code § 910. DOWNEY BRAND SEYMOUR&ROHWER LLP Central Contra Costa Transit Clerk of the Board of Supervisor Attn: Joan Staley March 20, 2000 Page 5 Incident Date The Trust's claim for contribution and partial indemnity commenced on August 16, 1999, when it first learned of the District's identity from data provided to the Trust's outside consultant by the EPA and its outside consultant, The Trust has continued to incur damages daily since that date, as the work to clean-up the Site has been on-going. The Trust has and continues to pay for that portion of the clean-up that is the responsibility of the District. Section 911.2 of the Government Code specifies two time periods for filing claims based on the nature of the claim. The time for filing a claim for"death or for injury to person or to personal property or growing crops" is six months. The claim at issue here is not for death, personal injury, injury to personal property or injury to growing crops. The time for filing a claim"relating to any other cause of action" is one year. The term"any other cause of action" includes claims for injuries to real property. Wheeler v. San Bernardino (1978) 76 Cal.App.3d 841, 846. More importantly, the term also includes claims for indemnity under CERCLA for response costs to clean-up hazardous waste sites. Wickland Oil Terminals v. ASARCO, Inc. (N.D.Cal.1987) 654 F.Supp. 955, 961. The one-year time period contained in Section 911.2 of the Government Code applies to the above-referenced claim. The Trust's claim is, therefore, timely. DOWNEY BRAND SEYMOUR&ROHWER LLP Central Contra Costa Transit Clerk of the Board of Supervisor Attn: Joan Staley March 20, 2000 Page 6 Notices Regarding This Claim Please send all notices, correspondence or questions involving this claim to the undersigned. Sincer , illi undersigned. WHK:neg 03IW54,4 Exhibits cc: Patterson Environmental Response Trust DOWNEY BRAND SEYMOUR&ROHWER LLP EXHIBIT A CLAIMANT CLAIMANT: PATTERSON ENVIRONMENTAL RESPONSE TRUST c/o William H. Koch Downey, Brand, Seymour& Rohwer 555 Capitol Mall, 10'hFloor Sacramento, California 95814 (916) 441-0131 ADDITIONAL CLAIMANTS: MEMBERS OF THE PATTERSON ENVIRONMENTAL RESPONSE TRUST (listed below) 1. Union Pacific Railroad Company 2. Petro Stopping Centers, L.P. Mailing Address: Mailing Address: 10031 Foothills Blvd., Suite 200 6080 Surety Drive Roseville, CA 95747 El Paso, Texas 79905 3. Continental Maritime Industries, Inc. 4. Time Oil Company Mailing Address: Mailing Address: 1995 Bay Front Street 2737 West Commodore Way San Diego, CA 92113 Seattle,WA 98199 5. Alameda Contra Costa Transit District 6. Rockwell International Mailing Address: Mailing Address: c/o Ropers, Majeski, Kohn &Bentley 1201 South 2d Street 1001 Marshall Street Milwaukee, NI 53204 Redwood City, CA 94063 #313376.1 7. Pacific Telesis Group 8. Primex Tactical Systems, Inc. Mailing Address: Mailing Address: 2600 Camino Ramon Primex Tactical Systems c/o Room 3EOOOU Primex Technologies San Ramon, CA 94583 10101 91h Street North St. Petersburg,FL,33716-3807 9. Owens-Illinois, Inc. 10. National Steel and Shipbuilding Company Mailing Address: Mailing Address: 1 Seagate Building 25 P.O. Box 85278 Toledo, OH 43666 San Diego, CA 92186-5278 11. Matson Navigation Company, Inc. 12. Hunt-Wesson, Inc. Mailing Address: Mailing Address: P.O. Box 7452 1645 West Valencia Drive San Francisco, CA 94120 Fullerton, CA 92833-3899 13. Union Oil Company of California 14.Texaco, Inc. Mailing Address: Mailing Address: 376 S. Valencia Avenue 2255 N. Ontario St. Brea, CA 92823 Burbank, CA 91504-7756 15. Homestake Mining Company of 16. Santa Clara Valley Transit Authority California Mailing Address: Mailing Address: 650 California Street 3331 North First Street, Bldg. C-2 San Francisco, CA 94108 San Jose, CA 95134 #313376.1 17. The Burlington Northern and Santa Fe 18. Pinole Point Steel Company, Inc. Railway Company Mailing Address: Mailing Address: 3017 Lou Menk Drive c/o Thelen, Reid &Priest Fort Worth, Texas 76131-2830 333 West San Carlos Street San Jose, CA 95110 19. Lassen Gold Mining, Inc. 20. BP Exploration & Oil, Inc. c/o Kinross Gold USA, Inc. Mailing Address: Mailing Address: P.O. Box 365 c/o Cheryl Foerstner Adin, California 96006 Brouse McDowell 1001 Lakeside Ave. Cleveland, Ohio 44114-1151 21. Holt of California 22. 10 Minute Lube `N Oil Mailing Address: Mailing Address: c/o Geoffrey O. Evers c/o Paul Langley Law offices of Geoffrey O. Evers 417 N. Golden State Blvd. 765 University Avenue, Suite 200 Turlock, California 95380 Sacramento, California 95825 #313376.1 ,i 5 . Atts 1 t 5 } r 1 ' 4 1. Adv=CW Envifownsulal H. Cd Tam Attn: AM 11210b .� Aloe KAY Pop". , 1337'9 Wbwittm=Aveatwt 1120 N Sweet L"d ' Fauna.CA 92#33 &=xmsato,CA 93314 2. Advance Pam4mm albs 12. Chico Drab Oil Service Amt:Joseph Moved do ter.chaaval,Desctibo&TOY %42 A*=Hilk Atm: ltio U C: Satdy;iTI'54092 901 Mat DWI bleed Blvd,,Ste.400 - So Maim,CA 94024 3. Alantis Cooans Cam Trousk Atim Kimmoth Scbmift 13. Chi Watts 011' 1600fraaldiaw Stmt,66 Flaor Ann JUN Coapt Oatbo d.CA 94612 I3412 Noway 178 Weldm.CA 93253 4. All POLIO sa Ams: C.O.Trisb al 14. Glom Mommulm 011 405141h Saw m Us*1000 do Avess isw.Mabrlcey,h 1Cnobd Oalrland,CAA 94612 Amt" emit Ko" 163 Wast Lip"Steswit S. ADW ORA Pusupbg Rams,NV 69301 Atte: PAX 123+1 San Maeim 13. Dara I**Tnaum ww m Saa lows,CA 93132 Atm: Dwtvid Fb wwadw 9317 C nambadr Lane C Allied Petroleum OmWvdR CA 93662 Colt jc6Ik7 ". 1217 Sm*71b Sema 16. Federal Psdllc Electric Co. f Madeaa,CA 93331 do North Aaaw+nit o Thnsforme r Atm: An Javbr 7. AMm tadwpendan Oil,1ae. 1200 Plpwr DMus Ams: Larry Evaus Mips,CA 93033 1110 Taylor Street Alvino.CA 93003 17. Cliben FaovkoonwaW - "'r' Atm; W P Yswa Lobso Sob, L American Valley Eavboamwwsmil 12042 Davis Camp Coast Am Bill Lanai,President ]MkwsftM.CA 94611 Over 1 Stein 233 CA 93352 15. H&H Skip Service company Atm: William brit 9. Artane Piodwweta C.o. 37 La Salk Avtm s ! Ami loins Mock PiodmoK CA 94611 333 Soatb Hope Strsat PAC 1631 Loa Anplst,CA 90071 19. Hedei*Dba bon 1ac. do Bayside on j - l0. .BwMq# m Nooban and Sam Fel " Atm: Kim tiles do Beechen&Lwow 210 fadmal Street Atm: jdity Bambere =- Sante Comm„CA 93060 20 Caldbrub ST,Smelts 700 Sae Fm6cism CA 941 i I i y • + f i , i 20. Homma►a MW4 29. Nor Cd on CIO Mc I Mina ` ' do Haan C U ee„Pyer.Zoteai,do Tatpsns Atm: Ames goat Atm: Kwan L Harrighk 6.50 CA{MIXIds so" 2291 Wast March IM0.8100 Sim Fraa chak CA 94108 Sloclaao. CA 93207 Hwy Rellomy _30. Owers-lam Inc. Am Jdm hour Act Rabat Towles 25129 The Old Road.Ste 322 Ow Nawball.CA 91391 Toledo,O8 43666 22„ -.31. 1'id0e Ball ` Am no Yamg Les Acta: Ebb WOeon floe judew pb 1010 Wildldte BwAkm td:ROM 1301 tsideed,CA 94612 Lm Antes.CA 90017 23, LAWIEw EnvbmmmmW 32. Petro Ld w ch Sdft Kle.o• AM Na* m POW Atm: Merh C.Atteway 2151 Soualr Avsmes 4301 Saco Cmub&CA %Wl SC 29201 33..?bob PWO Saes COMPOW 24. Lunen Gold Mio*L Inc. Aum Cft O'Hara th UNION 004 INC. 333 West Sem Canoe AIWc John IVORY Sea Joss,CA 93113 4o Kig it.Wort-scotiom sm F4 Twommi Oatatie M SW Y2 34. Primex Physieas I»tamrtlonal do M Twbwbxiw hr- 25. Maim Tag a Barye,lac. AMN Daen OWING j Aux Ger►Wim" 8888 SAW Avatws 1316 C�ma1 Blvd Sad Diego,CA 92113 Ricldmoud,CA 94804 35. PSC AOwdsse Tha4matioa&Runediatim 26. Matson Nsvigdtion Atm: Da mb C Vdlho Atm: Bred Wholvnd 12475 Uqu Avande 333 Market SOW Sen Mwdm6 CA 95046 Sao Francisco,CA 94105 36. Ramos EnvbvomeuW Savieas 27. Mobil 02 Atm: Kyle Ream • c/a Beveridge A Diummoad ,1315 S River Road Amo ftM Wigg Wast CA 95691 3225 Callow Road:Room 6W803 Fsk6m6 VA 22037 37. Reed R t3=IwZ,I= Atm:•,Aldo Snack 28. Natiodsl Seel cit Ship Sufl ft 690 Sued Suva doNASSOO Sen Jose,CA 95126 Atm: R.A.Seduat PO Sou OM 38. Rano Drain Oil Swviae Sea Dks%CA 92186 Ano: Richard Channel 11970 4-80 East Spwk&NV 89434 439. SKUMMOD Watt 09 48. thous CM Compomy of Califaeaia(t1 OC:AL) Atm: Alm Hazodez AOL' Bob King 4$04 Dg=bwy Way - 376 Saab Valeeda Road So o4 CA 95843 Deas,CA 92621 ,.0. Sdo-Woy CWVAcal Co. 49. was,Pad&Rall mod Camprmy . ' ;k"M Saw Lenmhubot Aim:Rabat Bylsaas `664 Stoclgas Arra 10031 Foadille 91e►+Ll Spin 200 Sort Jaes„CA 95126 Rosevft CA 95747 .41. SoN CSIn VTA S0. Umkd ON Campow AXW lGerria Ah mmd At1m Yrasere Caw* 33311+Taettb 10 S&SK BW C 1+643 W.Vaitmcie Sw Jars,CTA 93134 1d#exm CA 92833 42. Service fo8ksofft S1. Warte on Rreov a y Symms,bL aft CotliitMa od Mari>b we Iran. AMC Amhioy Fol m AMC LAW MIM, •11401 L400 Sttwt 1915 31oy6naot ftmte Oakl"CA 94603 Sao Qk 91977 a wow cdw mated 43. Sip wxk .[.M oftow Coaamwd CIO Choos svvbvowwnw Coae+rltaate 2201 C3aapor Araeroa AM Mi1ea Dodo" Mercad,CA, 95343 1253 Lace piw omaak CSA 94S66,, Sar Yyk>latrepeiewia,Iac: r Win Morniol 44. Sou Froaclow Dry Dad, 1020 449t Ara c/o Mtit til,CA 94601 AMM Srador HdM --•"'_""..""` 2205 FA*&*Sweat Sao Diego,CA 92113 4S« Trait Tartiti8 3oviaes cls(kwvaa Malo Sam Myea h Mirosiio s NJ rob aft eh-94$U Ail. Toe ftor ]leer Am Gor4a A.TWI i tJrt"nd City Fio^s;Rom 1333 Uuiw/aaya�tl C l%CA 91608 47. Tinee.Clil C Atm: Ricbad t3adw 2737 Wow C:amrtdara Way Santis,WA 98199 r 6 &dditiena1 D@fi itims &Action memorandum- shall mean the Action Memoraxtdum concurred on by the State of Cal,iforala, issued by the M3dted States BDvirronmental Protection Agency on Mvember i, 1997. "Contractor' shall mean respondents' contractorW and subcontractors contracted to perform the Jmstallationl construction, and operation and maintenance activities relating to a W of the specific response actions at the Site Respondents are-required to peeform. &Day• orhall mean a calendar day unless expressly stated to be a working day. 'Working day" shall mean a day, other than a Saturday, 'Sunday, or federal holiday. In coWuting any period of time under this Order, where the Inst day would fall an a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next working day. i •Operation an¢ Maintenance activities• shall include future operation and malzitenance of all structures built or &metalled to contain the arsenic contamination at the Site until such time as SPA approves the cessation of such activities. *Paragraph" shall ,mean a portion of this tnilateral Order identified by an Arabic numeral, 'Parties" shall mean the United States, and all those entities identified as Respondents in Attachment 1 of this order. 'Section' shall mean a portion of this Unilateral Order identified by a Roman numeral and including one or more paragraphs ATTACHMENT 1 K + Lo i for 41 4y �• a � Mir r... 00 ( J of t " UNITED STATES ENVIRONMENTAL PROTEc ndN AGENCY (I*.=OOO-4 REGION IX 76 Nawthoawa Stmet San Fat cin,Calitorais 941054NI AUG 11 Via Federal Facpnm To Sat Attached Last URGENT LR "?AATTER Re-, CERCLA hider 9812 pursuant to 42 U.S.C.Sudan 96036 PRC Pandson Superfund Removal Site 13331 Highway 33 Patterson.California Dear Sir or Madam: The United Stases Envir onn ie ntal Protection Ate►(tEPA")berg4y ism"'ft.enclosed Unilateral Adminisuzd,%aOrder 99-12 pursuant to Section of the Compnthuerarive Environmental Respontc;C4=pW22ti0n and Liability An CIMRC3.A"},42 U.S.C.Section 96+06,to prevent or mitigate the imminent and substantial endangerment to human health,or welfare or the environment posed by the PRC Patterson facility. The Order requires that you take ` immediate action to pttvent and contain arty release or potential.cele m of hazardous substances inti materials from the PRC Patterson facility. If you have any technical questions rega timl the Order.please contact Tom Dunle elman at (413)744.2294. For"y legal questions,please contact Jeanne EUM at(415)744-1317. Sincerely, Keith Takes,Dissector Superfund Division Enclosure:Unilateral Administrative Order CERCI A&AHIBIT redelegated to the Director, Hazardous Waste. Division, RPA, Region ZR (*Director*) by Region MC Delegations 1290.41-and 1290.42. 1. This Order shall apply to and be binding upon all parties listed in Attachment 1 to this order (collectively •Respondents) , and their agents, successors and assigns. No change in ownership or operational status will alter Respondents' obligations under this Order. Notwithstanding the terms of any contract or agreement, Respondents are responsible for compliance with this Order and for ensurina that their eeaployees, contractors, and-agents comply with this Order. Respondents shall provide a copy of this Order to all contractors, subcontractors, and consultants which are, retained by Respondent(s) to perform the work required by this Order, within five (5) days of retaining their services. 2. Respondents may not convey any title, easement, or other interest they may have, either individually or collectively, in any property comprising the Site, as the term *Site, is defined below, without a provision permitting the = continuous implementation of the provisions of this Order. . Any Respondent wishing to transfer any title, easement, or other 2 t + i i interest it may have in any property comprising the site* shall j provide a copy of this Order to any subsequent owner(s) or succoxxor(s) before any ownership rights are transferred.. Any I such Respondent shall advise EPA six (6) months in advance of any anticipated transfer of interest. XIX. ,T=.0MA 3. Unless otherwise expressly provided herein or in the Definitions in Attachment x, terms used in this order which are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to then in•CERCTA or in such regulations. Whenever the terms listed below are used in this order, or in the attachments hereto and incorporated hereunder, the following definitions shall apply: •CERCLR" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amiended by the Superfund Amendments & Reauthorization Act of 1986, 42 U.S.C. r 9 9601 At mit* ' 'Unilateral Order' .or 'order' shall mean this unilateral Administrative order, EPA docket number 98-1.2, and all exhibits attached hereto. 2n the errant of a conflict between this Unilateral order and any exhibit, this Unilateral Order • shall control. 'EPA' shall mean the United States Environmental 3 Protection Agency and any successor departments or agencies of the United Statats. "National contingency Plano or "NCP" shall mean the National oil and hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. 19605, codified at 40 C.F.R. Part 300. "Response actions" shall be those specific work items each Respondent is required to perform at the Site pursuant to this Unilateral Order, as set forth in Section 'V`YYZ C. "Respondents" shall mean those entities listed in Attachment 1' of this order, both individually and collectively. "State" shall *mean the State of California, and all of its political subdivisions, including the California Department of Toxic substances Control ("U'M") . . "United States" shall mean the United States of America. • 1 XV. rxhilhlNGR 4. a) The PRC Patterson site (the "Site,,) is located at 13331 North highway 33 in Patterson, Stanislaus County, California. The approximately 20-acre Site is surrounded • primarily by agricultural land. The City of Patterson is located approximately 2 miles south of the Site. There are numerous 4 irrigation canals located in the immediate vicinity of the Site. Several of these canals drain into Del Puerto' Creek, which flours � within a mile of the Site. Dal Puerto` Creek flours into the San € Joaquin River. A Site map is attached as Attachment 3. b) Facility operations were commaced in the early 1980,u by Recycletron oil Inc., ORCI"1, a California r corporation doing business as Refineries Services. RCI was a recycler of waste oil and oily water. In 1989, Re'ycletron tail Inc. , merged with Petroleum Recycling Corporation, a California corporation. Shortly thereafter', a wholly separate California corporation, PRL Patterson ("PRC') was formed. The Site operated continuously until sometime in 1997. C) On October 31, 1997 EPA reeceiveed a verbal request for " assistance at the Site from DISC. EPA, in conjunction with Disc, a conducted a preliminary inspection of the facility on that date and made the following observations: The Site had been abandoned and general site conditions had begun to deteriorate. The facility was not secured and had been heavily vandalized. Many, tanks and containers appeared to be unstable due to their age and deteriorating, condition. Several of these tanks were leaking and one of the larger tanks reportedly had failed catastrophically in 1 • a the past. 1 d) On November 18, 1991, following the receipt of a i written request for assistance from DISC, EPA initiated ars •, i emwergency response action to stabilize! these unsafe and dangerous conditions: which presented an endangerment to the public health; w*lfa..e, and environment. EPA provided round-the-clock Site security, upgraded the perimeter fence and berm, and pumped down the liquid level in several storage tanks which were either overflowing or on the verger of overflowing. e)From December 1 through December 6, 1997, EPA conducted ars assessment of Site. Results of sampling and analyser i • conducted during this assessment are presented in the March 1998 report entitled "Enviropur/PRC Patterson Oil 'Recyclinq Facility Removal Assessment, prepared by Ecology and Environment. The M+� following,is a brief inventory of items and materials currently stored onsite: 1) Numerous process tanks, storage tanks, pressure tanks, pumps, a water treatment system. filtrations equipment, heating, distillation and refining' equipment, office trailers, laboratory trailers, and & :large warehouse. 6 ie • i The tanks and equipment contain varying amounts of oil, sludge, wastewater or mixtures of all three substances. Many of the tanks were observed to be leaking. Two of the large storage tanks had large holes in the roofs. 2) There are several large storage tanks on the facility which contain large volumes of liquid. These tanks, identified in Attachment 3, are referred to Storage Tank S1, Storage Tank S3, Storage Tank sir Storage Tank S4 and Storage Tank S5. Excluding the S3 tank, which is being addressed in a separate order, the tanks cofttain a Z cumulative total of approximately 4 million gallons of waste water,' 125,000 gallons of waste oil and 810,000 gallons of oily sludge. 3) There are also more than 1,100 drums present onsite. The majority of these drums are labeled •drained'used oil filters* . Upon inspection by EPA, these drums appear to contain drained used oil filters as labeled. 4) There are approximately 40 drums present onsite which contain chemical product. 7 5) Fourteen roll-off bins, labeled as hazardous waste dirt bins, are present onsite. 6) Two trailers used as onsite laboratories contain various chemicals apparently used for testing of incoming oil. 5. On April 10, 1998, EPA issued a Unilateral Administrative Order to Chevron VSA, requiring that Chevron clean up' the S3 tank at the Site. Chevron has indicated that it intends to comply with the Order and is conducting the clean up. 6. Based am the large volumes of waste oil, sludge and oily wastewater present at the Site, cleanup of the Site will be costly and time consuming. EPA believes the cast of cleanup may exceed 5 million dollars. i 7. The Respondents are persons or entities who have been identified as transporters or generators of waste oil, sludge or oily wastewater, in excess of 90,000 gallons, to the site between 1980 and 1997. 8. The sampling conducted by EPA's contractor, of the . 8 i waste oil and oily wastewater in the S1, S2, S4, S5 and P2 tanks confirmed the presence of Cadmium, Chromium, Copper, Lead, mercury and Nickel. 9. The materials stored on site contain hazardous .substances. The threat of a release of these substances is esaacerbated by the aging and dilapidated condition of the tanks, the sack of a roof on the S4 tank, several holes in the root of the S1 tank, seasonal rains, the lack of regular or routine inspection and maintenance, and the fact that PRC Patterson Inc. , the site owner and operator has now abandoned the entire site. V. cn=ATQU LW 10. The PRC Patterson SuperfuGnd site is a •facility• as . that term i.s' defineed in Section 101(9) of CSRCLA, 42 U.S.C. 9 9601(5) : 11. The Respondents, as identified in Attachment 1 are each spersons• as that term is defined in Section 101(21) of CERCLA, 42 U.S.C. 5 9501 (21) , 12. The Respondents, as generators and/or transporters to, the site of waste oil, oily wastewater or sludge which contained hazardous substances, are each `liable parties" within the meaning of Section 107(a) , 42 U.S.C. +59501(a) , and are subject to 9 t this Order under Section 106(a) of CERCSA, 42 V.S.C. 59606(a) , 13. Cadmium, Chromium, Copper, Lead, Mercury and Nickel were detected in the waste oil, oily wastewater and sludge currently found at the Site, and each of these substances is a *hazardous substance* as that term is defined in Section 101(14) of CERCIA, 42 V.S.C. 9 9601(14) ; 14. The past, present or future migration of hazardous substances from the Site constitutes an imminent and substantial endangerment due to the actual or threatened *releaxV of hazardous substances, as the term 'release* is defined in Section 101(22) of CSRCLh, 42 V.S.C. 5 9601(22) ; VX. Based on thie Findings or Fact and the Conclusions of Law, the Director of the Hazardous Waste Division, EPA Region IX, has made the following determinations: 15. That an actual or threatened release of hazardous substances from the Site presents an imminent and substantial endangerment to the public health or welfare or the environment.. 16. That conditions existing at the Site constitute a threat to public health or welfare or the environment based upon► a consideration of the factors set forth in the NCP at 40 C.F.R. 5 300.415(b) , and that the actions required by this Order are necessary to protect the public health, welfare and the 10 t • t t environment. 17. The actions required by this Girder, if properly performed, will be deemed consistent with the National contingency Plan, 40 C.F.R. Part 300 (OMP".) , and are appropriate to protect the public health or welfare or the environment. V21. WYrTCz = MM am 18. Pursuant to Section 106(a) of CERCWL, 62 U.S.C. 59606(a) , EPA has notified the State of California of the issuance of this order by providing the Department of Toxic substances Control (DTsC) a copy of this Girder. VXXZ. . -Boxed on the Findings of Fact, Conclusions of Law, and Determinations, OA hereby orders Respondents to perform the specific work set forth below under the direction of EPA's on- • .scene Coordinator, and to comply with all requirements of this order: 19. All work required by this order shall be conducted in accordance with: CERCLh; the NCP; EPA Region IX "Guidance for Preparing Quality Assurance Project Plans for Superfund Remedial Projects" (EPA, November 1992) ; any 'f;Lnal amended or superseding versions of such documents provided by EPA; other applicable EPA Oruidance documents; and any report, document or deliverable 11 i • I rt I prepared by EPA because Respondents fail to comply with this Order. 1 20. All plans, schedules, and other reports that require EPA's approval and are required to be submritt+ed by the Respondents pursuant to this Order and shall, upon approval by EPA, be incorporated into and enforceable under this Order. 21. EPA will oversee Respondents" activities as' specified iaa Section 104(a) (1) of cERcIA Section, 42 U.S.C. 59604(a) (1) . Respondents will support EPA's initiation Bund impleenw=tation of activities needed to carry out its oversight responsibilities. Respondeeants shall also cooperate and coordinate the performance of all work required to .'be performed under this Order with all other work beinq'performed at the Mite, including work perform" by EPA, the State, another Respondent,' or any other party ' performing work at the site with the approval of EPA, 22. Respondents shall undertake all actions required by this order in accordance with the requirements of all applicable local, state, and federal laws and reegalations unless an exemption from such requirements is specifically provided under CERGL% or unless the Respondents obtain a variance or exemption from the appropriate governmental authority. 12 • aS` I aCt on Cf.�... ContrIwrtor(s) and &1b gntract...,,.�.i,.S'(a) 23. All work performed by or on behalf 'of Respondents pursuant to this Order shall be performed by qualified individuals or contractors with expertise in hazardous waste site investigation or remediation, unless agreed otherwise by EPA. Respondents shall, no, later than August 28, 1998, notify EPA in writing of the name, title and qualifications of the individual(s) who will be responsible for carrying out the terms of this Order, and the name(:) of any contractor(s) or subcontractor(s) . The qualifications of the persons, contractors, and subcontractors undertakissg the-work for Respondents shall be subject to EPA review and approval. 24. 1f EPA-'disapproves of any- person's or contractor's technical or work-experience qualifications, EPA will notify the Respondents in writing. Respondents shall, within five (5) days of Respondents• receipt of EPA's written notice, notify TPA of the identity and qualifications of the replacemrent W . Should EPA disapprove, of than proposed replacement(s) , Respondents shall be deemed to have failed to comply with the Order. 25. Respondents may propose to change the individual(a) , contractor(:) , or subcontractors) retained to direct and • supervise the work required- by this order. If Respondents wish to propose such a change, the Respondents shall notify EPA in 13 ....................... . . ............... ........ writing of the name, title, and qualifications of the proposed individual(s) , proposed contractor(s) , or proposed i subcontractor(s) , and such individual W , contractor(s) or subcontractor{s) shall be subject to approval by EPA in accordance with the terms of paragraphs 23 and 24 above. The naming of any replacement(s)` by Respondents shall not extend any deadlines required by this Order nor relieve the Respondents of any of their obligations to* Wform the work required by this Order. 26. Respondents will notify EFA of their respective field activities at least one week before initiating thew so that EPA may adequately schedule 'oversight tasks. 27. At least seven (7) days prior to commencing any work at the Site pursuant to this Order, Respondents shall submit to EPA • a certification that Respondents or their contractor(&) and subcontractor{s) have adequate insurance coverage or have indemnification for liabilities for injuries or damages to persons or property which may result from the activities to be conducted by or on behalf of Respondents pursuant to this Order. Respondents shall ensure that such insurance or indemnification is maintained for the duration of performance of the work required by this Order. Respondents shall ensure that the United States is named as an additional named insured on any such 14 i insurance policies. i Work and T)al f3tarables-t i 28. N= TO HEi:. PFg a) Respondents are ordered to perform the Work and make submittals and certifications as set forth below within the time- schedules specified. .All days specified boloi► are consecutive calendar days from the Effective Data of this Order. Due dates falling on a Saturday, Sunday, or federal holiday will be automatically extended to the next bvsinesp day, b) commencing on the date set forth below., mx nthly progress reports ("Progress R"rts") shall be submitted= The first such Progress Report shall bee due by the fifteenth (15th) day following the end of the first full calendar month after the Effective Date of this order, and by the fifteenth (15th) day of every month thereafter. JYr • gra! c) Within twenty-one (21) days after the Effective Date of the order, Respondents shall submit a Sampling and Analysis Plan, Health and Safety Plan and Contingency Plan. At a minim:► the SaxWling and Analysis Plan shall include the following: i 1) a detailed description of the methods to be used to . 15 I identify all tanks and drums on the Site (except Storage Tank S3) which contain liquid, sludge or' solid material and to identify the volumes of such materials within such tank and drum. 2) a detailed description of then sampling and analytical methods to be used to characterise the lig4d,' sludge or solid material for disposal purposes: d) Within seven (7) days after SPA approval of the Sampling and Analysis Plan, the Respondents shall initiate the work described under this plan.. e} Within forty-five (45) days after EPA approval .of the Sampling and Analysis Plan, the Respondents shall submit a Tarek and arum Removal Mork Plan which, at a minimum, shall .include the following: 1) a plan for removal of the contents of all storage tanks and drums, at the facility which are Lidentified to contain liquid, sludge, or solid material. This shall not include Storage Tank. S3, since this tank is being addressed by Chevron; but shall at a minimum. inelude Storage* Tanks S1, S2, S4, S5, the "P-Series• Tanks, and the approximately 1,100 drums of drained, used oil filters. 16 2) a detailed description of the methods for removing liquid, sludge and solid materials from the tanks and drums; 3) a detailed description of Any treatment that will be performed on the waste; 4) identification of any treatment, storage, disposal or i recycling facility that will receive the waste; 5) identification of the methods of transport used to haul any waste offsite, 6) identification of any transporters used to haul any waste offsite; 7) a detailed description of air monitoring to be performed during onsite activities; S) a detailed description of actions to be taken to minimize air emissions; 9) A plan for the decontamination and/or demolition of all the tanks containing liquid, sludge or solid materials. 17 10) A schedule for completion of all activities described in the Tank and Drum Removal Work Plan. f) Within seven (7) days after EPA approval of the Tank and Drum Removal Work Plan, Respondents shall initiate the work described in: that plan. All activities described in the Tank and Drum Removal Work Plan shall be coMlated within one hundred and twenty (12 0) days of EPA approval of the Work Plan, unless an alternative schedule is agreed upon by EPA. i g) All contractors, transportsrs and treatment, storage, disposal ok recycling facilities used or proposed for use during this action are, subject to EPA approval. Respondents must demonstrate to EA's satisfaction that the waste is or is not a Listed or Characteristic Hazardous Waste as defined in 40 C.F.R. Part 261. All subseQuent handling, transport and disposal shall be conducted in accordance with this waste classification. h) Respondents shall provide security for the site commencing no later than August 28, 1998, unless' a later date is agreed upon by EPA. i) Any noncompliance with the Work to be performed or the schedules set forth within this* section shall be considered a violation of this Order. 18 29 . All documents, including technical reports, and other correspondence to be submitted by the Respondents pursuant to this Order, shall be sent by over-night mail to the following addressees or to such other addressees as EPA hereafter may designate in writing, and shall be deemed submitted on the date received by EPA. Respondents shall submit two (2) copies of each } document to RPA, and two (2) copies to the DTRC. ( 3 0. EPA shall review.* comment, and approve or disapprove I each plaza, report, or other deliverable submitted by Respondents. All EP!► com menta on draft deliverables shall be incorporated by the Respondents. EPA shall notify the Respondents in writing 'of EPA s approval or disapproval of a final deliverable. in the event of any disapproval, EPA shall specify the reasons for such disapproval, EPA's iequired modifications, and a time frame for ` submrixxion of the revised report, document, or deliverable. if the modified rgport, document or deliverable is again disapproved by.EPA, LPDA shall first notify the Respondents of its disapproval of the resubmitted report, document, or deliverable, and then may draft its own report, document or deliverable and incorporate it as part of this order, may seep penalties from the Respondents for failing to comply with this order, or may conduct the remaining work required by this order. 31. For purposes of this order, EPA's authorised 19 s representatives shall include, but not be limited to, DTSC and r r any consultants and contractors hired by EPA to oversee activities required by this Order. 32. Each individual Respondent shall, by no later than August 19, 1999, provide written notice to EPA of 'Respondent's irrevocable intent to comply with this Order. Failure to respond, or failure to agree to comply with this Order, shall be deemed a refusal to comply with this Order. Z. QZPMTD== COW= 33. Respondents may, within three (3)• days of receipt of this Order, request a conference with the thief of the Smorgency Response Office 1: the Superfund Division, or whenever the Chief of the Emergency Response Office may designate. 2f requested, . the conference shall occur within three (3) days of the request, unless extended by mutual agreement of the Parties, at EPA's Regional Office, 75 Hawthorne Street, San Francisco, California. 34. At any conference held pursuant to Respondents' request, the Respondents may 'appear in person, or be represented by an attorney or other representative. If Respondents desire such a conference, the Respondents shall contact Janne Elias, Assistant Regional Counsel, at (415) 744-1311. 35. The purpose and scope of any such conference held • 20 pursuant to this Order shall be limited to issues involving the impp4en►entation of the response actions required by this Order and the extent to which Respondents intend to comply with this Order. if such a conference is held, the Respondents may present any evidence, arguments or comment regarding this Order, its applicability, any factual determinations upon which the Order is based, the appropriateness of any action which the Respondents are ordered to take, or any other relevant and material issue. Any such evidence, arguments-or commients should be reduced to writing and submitted to EPA, within three (3) days following the conference-. This conference is not an evidentiary hearing, and does not constitute a proceeding to challenge• this order. . it does not give Ruipondenits a right to seek review of this order, i or to seek resolution of potential liability, and no official • stenographic record of the conference will b'e made. if no conference is requested, any such evidence, arguments or comments must be submitted in writing within three (3) days following the Effective irate .of this order. Any such writing should be i directed to Jeanine Elias, Assistant Regional Counsel, Mail Stop I ORC-3, at the address cited above. 36. Respondents are hereby placed on notice that EPA will • take any action which may be necessary in the opinion of EPA for the protection of public health and welfare and the environment, 21 and Respondents may be liable under Section 107(a) of CERCI.A, 42 V.S.C. Section 9607(a) , for the costs of those actions. ZZ. 37.` In the event of any action or occurrence during the performance of the work which causes or threatens to cause a i release of a hazardous substance or which may present an { immediate threat. to public health or welfare or the environment, Respondents shall iamediately take all appropriate action(g) to prevent, abate, or minimize the threat, -and shall imtdiately notify EPA's primary On-scene 'coordinator (''OSC") . or, it the primary OSC is unavailable, EPA's alternate OSC, as designated below in paragraph 41. if neither of these persons is available, Respondents shall notify the EPA Emergency Response Unit, Region IAC, phone number (419) 744-2000. Respondents shall take such action(s) in consultation with• EFA's DSc and in accordance with all applicable provisions of this Order, including but not limited to the Health and Safety Plan. 38. Nothing in the preceding paragraph shall be deemed to i limit any authority of the United States to take, direct, or order all appropriate action to protect human health and the ` environment or to prevent, abate, or minimize an actual'or threatened release of hazardous substances at or .from the Site. 22 • i XI1, jr,3,=Tgj M tX_�tEc31�I]� 39. In the event of unanticipated or changed circumstances r at the site, Respondents shall* notify the EPA OBC by telephone within twenty-four t36f hours of discovery of the unanticipated or changed circumstances. This verbal notification shall be followed by written notification postmarked no later than three (3) days of discovery of the unanticipated or changed- cir- cumxtances. 40. The Director of the Superfund Division, SPA Region IX, may determine that in addition to tasks addressed herein, additional work may be required to address the unanticipated or changed circumstances referred to in paragraph 39. inhere conxis-. tent with Sectioa'106(a). of cZRCLA, the Director of the Superfund w Division, EPA Region ZX, may direct, as an amendment to this order, that Respondents perform these response actions in addition to those required herein. Respondents shall implement the additional tasks wthich •the Director of the Superfund Division, EPA Region XX, identifies. Thw additional work shall be completed according to the standards, specifications, and schedules set forth by the Director of the Superfund Division, EPA Region SX in any modifications ta• this Order. i 23 XXII. ? `STMMT,= PROA' iAraILG 111. EPR designates Tam Dunkelman, an employee of Region IX of EPA, ,as its primary On-Scene Coordinator (`OSC') and designated representative at the Site, who shall have the authorities, duties, and responsibilities vested in the OSC by the NCP. This includes, but is not limited to, the authority to' halt, modify, conduct, or direct m' tasks required by this Order . or undertake any response actions (or portions of the response action) when conditions at the Site present or. may present a threat to public health or welfare or the environment as set forth In the NCP. Within fifteen (15) days of the Effective Date of this Order, Respondents shall designate a Project Coordinator who shall be res6onsible for overseeing Respondents' implementation of this Order. To the maximum extent possible, all oral communications between Respondents and EPA concerning the activities performed pursuant to this Order shall be directed through EPA's OSC and Respondents, Project Coordinator. All documents, including progress and technical reports, approvals, and other correspondence concerning the activities -performed r pursuant to the terms and conditions of this Order, shall be delivered in accordance with Paragraphs 28-30 above. • 42. EPA and Respondents may change their respective OSC and Project Coordinator. Notification of such a change shall be made 24 by notifying the other party in -writing at least five (5) days prior to the change, except in the case of an emergency, in which case notification shall be made orally followed by written notification as soon as possible. 43. Consistent with the provisions of this Order, EPA designates John Jarbs as an alternate OSC, in the event Tom Dunkelman is not present at the site or is otherwise unavailable. During such Mmes, John Jaros shall have the .outhority vested in the On-Scene Coordinator ("OSC•) by the NCP, as set forth in paragraph 41 above. 411. The absence of the Spa► OSC from the Site shall not be cause for the stoppage of work. Nothing. in this Order shall Y limit the authority of the EPA OSC under federal lawn. XIV. 45. Respondents shall permit EPA and its authorized representatives to have Iaccess at all times to the Site to 4 M-, monitor any activity conducted .pursuant to this Order and to conduct such tests or investigations as EPA deems necessary. Nothing in this Order shall be domed a limit upon EPA,s authority under federal law to gain access to the. Site. 46. To the extent that Respondents require access to land other than land they own in carrying out the teraas of this Order,. Respondents shall, within fifteen (15) days of fto Effective mate 25 of this Order, obtain access for SPA, its contractors, oversight officials, or other authorized representativeeise state oversight officials and state contractors; and Respondents or their authorized representatives. 1f. Respondents fail to gain access within fifteen (15) days, they shall 'continue to use best efforts to obtain access until access is granted. For purposes of this . paragraph, 'best efforts' includes but is not limited to, seeking judicial assistance, providing indemnification, and/or the payment.of money as 'consideration for access. If access is not provided within the time referenced above, EPA may obtain access r under Sections 104(e) or 106eaa of Com. =v. -op s!r= ="A 47. Respondents shall reimburse EPA, upon written demand, for all response costs incurred by thea United States in overseeing Respondents' implementation of the requirements of „ this- Order. EPA may submit to'Respondents on a periodic basis a bill for all response: costs incurred by the United States with respect to this. order. Respondents shall, within thirty '(30) days of receipt of the bill, remit by cashiers or certified check for the amount of those costs made payable to the *Hazardous Substance Superfvnd, • to the following address: U.S. Environmental Protection Agency Region -9, Attn. : Superfund Accounting P.O. Box 360663X Pittsburgh, PA 15251• 26 . ....... ........................ E i Respondents shall send a cover letter with any check and the i letter shall identify the PRC Patterson Site 'by name and make ! reference to this Order. Respondents shall send simultaneously to the EPA OSC notification of any amount paid, including a photocopy of the check. 48. Interest at the rate established under section 107(a) of CERCLK shall begin to accrue ort the unpaid balance from the day► of the original demand notwithstanding any dispute or objection to any portion of the costs. 49. Any delay in performance of any requirement of this Order that, in the EPa's judgment, is not properly justified by,► Respondents undeY the terms of this Section shall be considered a violation of this Order. Any delay in performance of any ` regUirement of this Order shall not affect any other obligation of Respondents under the terms and conditions of this Order. 50. Respondents, as applicable, shall notify► EPA of any delay,► or anticipated delay in performing any requirement of this i Order. Such notification shall be made by telephone to Epa•s primary ASC within twenty-four (24) hours after Respondents first knew or should have known that a delay might occur. The Respondents shall adopt all reasonable measures to avoid or minimize any such delay. Within three (3) days after notifying 77 EPA by telephone, the Respondents shall provide written notification fully describing the nature of the delay, any justification for delay, any reason why the Respondents should not be held strictly accountable for failing to comply with any relevant requirements of this order, the measures Manned and taken to minimise the delay, and a schedule for implementing the- measures that will be taken to mitigate the effect of the delay. Increased costs or expenses associated with implementation of the activities called for in this order are not justifications for any delay in performance. 51. If Respondents are unable to perform any activity or submit any document within the time required under this Girder, the Respondents Awy, prior to the expiration of the time., request an extension of time ,in writing. The extension request shall • include a Justification for the delay. The submission of an } extension request shall not itself affect or extend the time to perform any of Respondents, obligations under this order. e ( 52» If EPA determines that good cause exists for an extension of time, it may grant a request made by Respondents pursuant to paragraph 51 above, and specify in writing to the Respondents the new schedule for completion of the activity j and/or submission of the document for which the extension was requested. 28 ✓ f . 53. Respondents shall maintain, during the pendency of this order, and for a minimum► of five t5) years after EPA provides 4 notice to Respondents that the work has been cawleted, a depository of the records and documents required to be prepared under this Order. In addition, Respondents shall retain copies of the most recent version of all documents that relate to hazardous substances at the Site and that are in its possession or in the possession of its employees, agents, contractors, or attorneys. After this five-year period, Respondents shall notify EPA at least thirty (30) days beRfore the documents are scheduled to be destroyed. If Mi so requests, Respondents shall provide I these documents to M. Ii► xz. w i 54.. EPA reserves the right to bring an action against Respondents under Section 107 of CERCLA, 42 V.S.C. +59607, for recovery of any response costs incurred by the United States related to this Order and not reimbursed by Reespond,*nts. This r reservation shall include but not be limited to past costs, direct costs, indirect costs, the costs of oversight, the costs i of covVilinq the cost documentation to support oversight costs, as well as accrued interest. as provided in Section 107 (a) of CERCLA, 42 V.S.C. 59607. : 29 55. Notwithstanding any other provision of this Order, at any time during the response action, EPA may perform its own studies, complete the response action (or any portion of this response action) and seek reimbursement from Respondents for its costs, or seek any other appropriate relief. . 56. Nothing in this Carder shall preclude EPA from taking any additional enforcement action, including modification of this order or issuance of additional Larders, or additional remedial or removal actions as RPR may dom necessary, or from requiring Respondents in the future to perform additional activities pur- intent to CERCUL, 42 V.S.C. 19607(a) , A,.=�:, off` any► other ap- { plicable law. Respondenits shall be liable under CERCLA Section 107(a) , 42 V.S.C:' fi9607(a) , for the costs of any such additional j actions. 57. Notwithstanding any provision of this Girder, the United States hereby retains all of its information gathering, inspection and enforcement authorities and rights under CERCLh or any other applicable statutes or regulations. 58. Notwithstanding compliance with the terms of this Girder, including the completion of an EPA-approved response actions, Respondents are not released from liability, if any, for any enforcement actions beyond the tesof this Girder.taken by EPA. 30 59. EPA reserves the right' to take any eaaforcevAmt action pursuant to CERCLA or any other legal authority, including the aright to seek injunctive relief, monetary penalties, rei n- bursement of response costs, and punitive damages for any viola- tion of lar or this Order. 60. EPA expressly reserves all rights and defenses that it' may have, including the EPA's right both to disapprove of work performe4d by Respondents and to request the Respondents perform tasks in addition to these detatiled in this Order, as provided in Section VIXT C of this Order. 61. This Order does not release Respondents, individually w or collectively, from ariy claim, ` cause of action or demand in law or equity, including, but not limited tib, any claim, cause of action, or demand which lawfully may be asserted by • representatives of the United States or the State of California. 61. No informal advice, guidance, suggestions, or comments by EPA regarding reports, plans, specifications, schedules, and any other writing submitted by Respondents will be construed as relieving Respondents of their obligation to obtain such formal . 9 Y approval as 'nay be r*Wired by this Order. I ' t 63. If any provision or authority of this Order or the application of this Order to any circumstance is -hold by a court 31 to be invalid, the application of such provision' to other circumstances and the remainder of this Order 'shall not be affected thereby, and the remainder of this Order shall remain in force. S3� ItSBS:t+aZ�► 64Y The unitid States, by issuance of this order, assumes no liability for any injuries or damages to persons or property ` resulting from acts or omissions by Respondents, or their *Mloyeess, agents, successors; assigns, contractors, or consultants in carrying out any actio or activity pursuant to this Order. Neither EPA nor the 'united States shall be held as a party to any contract entered into by Respondents, or their employees, agentif, successors, assigns, contractors, or consultants in carrying out any action or activity pursuant to ' this' Order. X=. l 65. Respondents are advised pursuant to Section 106(b) of CERCLA, 42 V.S.C. Section 9606(b) , that willful violation or subsequent failure or refusal to comely with this order, or any portion thereof, may subject Respondents to a civil penalty of up to $25,000 per day for each day in which such violation occurs, or such failure to comply continues. Failure to comply with this order, or any portion thereof, without sufficient cause may also 32 subject Respondents to liability for punitive damages in an amount three times the amount of any cost incurred by the gove==wnt as a result of the failure of Respondents to take proper action, pursuant to Section 107(c) (3) of CERCLA, 42 U.S.C. Section 9607(c) (3) . WOM 66. This order is effective five (5) days after the date it is signed. EZYXY. 67. The provisions of this order 'shall be deemed satisfied upon Respondents' receipt of written notice groes EPA that i Respondents have .demonstrated. to the satisfaction of.EPA, that all of the terms "of this order, including any additional tasks Which EPA has determined to be necessary, have been completed. + 33 Unilateral Administrative Order 98-•12 IT Z5 SO ORDMM: UNIT= STATES MWIRCOREMM PRC/t'1"jjS,C/TIMI+? AGV= y��y By: rN�ii�ii.�irir T�r" �7��ii1r ����� Date: 4 � rrr- rrWrrwr Keith A. Takata, Director Superfund Division Region ZX i EPA Region ZX Contacts.- Tom Dunkelman w on-Scene Coordinator (SM-6) Hazardous Mute Management Division EPA, Region 9 75. Hawthorne Street Sacs Francisco, CA 94105 (415) 744-2194 , Jeanne Elias Assistant Regional Counsel (ORC-3) + Office of Regional. Counsel EPA, Region 9 75 Hawthorne Street San Francisco, CA 94105 (415) 744-1317 34 Attac t 1 - List of Respondents Attachment 2 - Additional Definitions Attachment 3 r PRC Patterson Site mep I 35 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX IN THE MATTER OF: } } See List of Parties } identified in Attachment 1 } } U.S.. EPA Docket No. 98-12A } AMENDED UNILATERAL } ADMINISTRATIVE ORDER } FOR PERFORMANCE Preceeding Under Section 106(a) _ } OF RENKMAL ACTION of the Comprehensive Environmental } Response, Compensation -and Liability} AMENDING UAO NO.98-12 Act of 1980, 42 U.S.C. 19606 (a) Issued 8/12/98 } This Amended Unilateral Administrative Order (•Amended Order") is issued on this date pursuant to the authority vested in the President of the United states by Section 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.,S.C. $9606(&) ,' as amended by the Superfund Amendments and Reauthorization Act of 1986, . Pub. L. 99-499 (wCERCLA*) . The President delegated this authority to the Ad- , ministrator of the United States Environmental Protection Agency ("EPA" or "Agency•) by Executive Amended 6rder 12580, January 23, 1987, 52 Fed. Reg. .3933, and further delegated it to the Assistant Administrator for Solid Waste and Emergency Response 1 and the Regional Administrators by EPA Delegation Nos. 14-8-A and 14-14-C. This authority has, been redelegated to the Director, Hazardous Waste Division, EPA, Region 9 ("Director") by Region 9 Delegations 1290.41 and 1290.42. II. PARTISB HOUND 1.. This Amended Order shall apply to and be binding upon all parties listed in. Attachment 1 to this Amended Order, including "Original Respondents" and "New Respondents" (collectively "Respondents") , and their agents, successors and assigns. No change in ownershJp or operational status will alter Respondents, obligations under this Amended Order.- Notwithstanding the terms of any contract or agreement, Respondents are responsible for compliance with this Amended Order and for ensuring that their employees, contractors, and agents comply with this Amended Order. Respondents shall provide a copy of this Amended Order to all contractors, subcontractors, and consultants which are retained by Respondent (s) to perform the work required by this Amended Order, within five M days of retaining their services. 2. Respondents may not convey any title, easement, or other interest they may have, either individiially or collectively, in any property comprising the Site, as the term z "Site" is defined below, without a provision permitting the continuous implementation of the provisions of this Amended 'Order. Any Respondent wishing to transfer any title, easement, or other interest it may have in any property comprising the Site shall provide a copy of this Amended order to any subsequent owner(s) or successor(s) before any ownership rights are transferred. Any such Respondent shall advise EPA six (Q) months in advance of any anticipated transfer of interest. 111. DZFXNXTXCM 3. Unless otherwise expressly provided herein or in 'the Definitions in "Attachment 3" affixed hereto, terms used in this ,' Amended order which are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in CERcLA or in such regulations. Whenever the terms listed below are used in this Amended Order, or in the Attaehmentir affixed hereto and incorporated hereunder, the following definitions shall applym "CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments & Reauthorization Act of 1986, 62 U.B.C. 1 9601 At OM 3 "Amended Unilateral Order" or "Amended Order" shall mean this Amended Unilateral Administrative Order, EPA docket number 98-12A, and all attachments hereto. In the event of a conflict between this Amended Unilateral Order and any attachment, this Amended. Unilateral Order shall control. "EPA" shall mean the United States Environmental Protection Agency and any successor departments or agencies of the United States. "National Contingency Plan" or "NCP" shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated.pursuant to Section 105 of CERCLA, 42 U.S.C. 8 9605, codified at 40 C.F.R. Part 300. "Original Order" shall mean Unilateral Administrative Order BPA docket 98-12 issued on August 12, 1998. "Response actions" shall be those specific work items each Respondent is .required to perform at the Site pursuant to this Amended Unilaterail Order, as not forth in Section VIII C. "Respondents" shall mean those entities listed in Attachment 1 of this Amended Order, both individually and collectively, encompassing both "Original Respondents" and "New Respondents'. 4 IV. YSH21N0B_QF FACT 4 . a) The PRC Patterson site (the "Site") is located at 13331 North Highway 33 in Patterson, Stanislaus County, California. The 'approximately 20-acre Site is surrounded primarily by agricultural land. The City of Patterson is located approximately 3 miles south of the Site. There are numerous irrigation canals located in the immediate vicinity of the Site. Several of .these canals drain I into Del Puerto Creek, which flows within a mile of the Site. Del Puerto, Creek flows into the San. j'oaquin River. A Site map is affixed an Attachment 3 . b) Facility operations were commenced in the early 1980's by Recycletron Oil Inc. , ("RCI") , a California corporation doing business as Refineries Services. RCI was a recycler of waste oil and oily water. In 1989, Recycletron .Oil .Inc. , merged with Petroleum Recycling Corporation, a California corporation. Shortly thereafter, a wholly separate California corporation, PRC Patterson {"PRC") was formed. The Site operated continuously until sometime in 1997. c) on October 31, IR97 EPA received. a verbal request for assistance at the Site from DTSC. EPA, in conjunction with 'DTSC, conducted a preliminary' inspection of the facility on that date and made the following observations: The Site had been abandoned 5 and general site conditions had begun to deteriorate. The facility was not secured and had been heavily vandalized. Many tanks and containers appeared to be unstable due to their age and deteriorating condition. Several of these tanks were leaking and one of the larger tanks reportedly had failed catastrophically in the past. . d) On November 18, 1997, following the receipt. of a written request for assistance from DTSC, EPA initiated an emergency response action to stabilize these unsafe and dangerous conditions ' which presented an endangerment to the. public• health, welfare, and environment. EPA provided round-the-clock Site security, upgraded the perimeter fence and berm, and pumped down the liquid level in several storage tanks which were either overflowing or on the verge of overflowing. e) From December 1 through December 6, 1997; EPA conducted an assessment of the Site. Results of sampling and analyses conducted during this- assessment are presented in the March 1.909 report entitled "Enviropur/PRC Patterson Oil Recycling Facility Removal Assessment" prepared by Ecology and Environment. The . following' is a brief inventory of items and materials then stored onsite: 1) Numerous process tanks, storage tanks, pressure tanks, pumps, a .water treatment system, filtration equipment, heating, distillation and refining equipment,- office trailers, laboratory trailers, and a large warehouse. The tanks and equipment contained varying amounts of oil, sludge, wastewater or ndxtures of all three substances. Many of the tanks were observed to be leaking. Two of the large storage tanks had large holes in the roofs. 2) 'Where were several large storage tanks on the facility which contain jarge volumes of liquid. Thesm tanks, identified in Attachment 3, are referred to Storage Tank S1, Storage Tank S2, Storage Tank S3, Storage Tank S4 and Storage Tank S5. Excluding the S3 tank, which is being addressed in a separate order, the tanks contained a cumulative total of approximately 4 million gallons of waste water, 135,000 gallons of waste oil and 810,,00'0 gallons of oily sludge. 3) There were also more than 1,100 drums present onsite. The majority of these drums were labeled "drained used oil filters" . Upon inspection by EPA, these drums appeared to contain drained used oil filters as labeled. 7 4) There were approximately 40 drums present onsite which contained chemical product.. 5) Fourteen roll-off bins, labeled as hazardous waste dirt bins, were present onsite. 6) Two trailers used as onsite laboratories contained various chemicals apparently used for testing of incoming oil. 5. on April 10, 1998, FPA in-sued a Unilateral Administrative order to Chevron USA, requiring that Chevron clean up the S3 tank at the. Site. Chevron has indicated .that it intends to comply with the Order and is conducting the clean- up. + 6. Based on the large volumes of waste oil, sludge and oily: wastewater present at the Site, cleanup of the Site will be costly and *time consuming. FPA believes the cost. of cleanup may exceed 10 million dollars. 7. The Respondents are persons or entities who have been identified as transporters or generators of waste oil, sludge or oily wastewater, in excess of 20,000. gallons, to the site between 1980 and 1997. 8. The sampling conducted by EPA's contractor, of the waste oil and oily wastewater in the S1, S2, S4, SS 'and P2 tanks. 8 confirmed the presence of Cadmium, Chromium, Copper, Lead, Mercury and -Nickel. 9. The materials stored on site contain hazardous substances. The threat of a release of these substances is exacerbated by the aging, and dilapidated condition of the tanks, the lack of a roof on the 84 tank, several holes in the roof of the S1 tank, seasonal rains, the lack of regular or routine inspection and maintenance, and the fact that PRC Patterson Inc. , the site owner and operator has now abandoned the entire site. V. cmasualm or "N 10. The PRC Patterson Superfund site is a "facility" as that term is defined in Section 101(9) of CRRCLA, 42 U.S.C. I 9601(9) , 11. The Respondents, as identified in Attachment 1 are each Npersons" as that term is defined in Section 101(21) of CMtCLA, 42 U.S.C. 6 9601 (21) ; 12. . The Respondents, as generators. and/or transporters to the site of waste oil, oily wastewater or sludge which contained hazardous substances, are each "liable parties" within the meaning of Section 107(a) , 42 U.S.C. 19607(a) , and are subject to. this Amended Order under Section 106(a) of CBRCLA, . 42 U.S.C. 59606(a) 9 13 . Cadmium, Chromium, Copper, Lead, Mercury and Nickel were detected in the waste oil, oily wastewater and sludge found at the Site, and each of these substances are each "hazardous substances" as that term is defined in Section 101(14) of CERCLA, 42 U.S.C. 11 960i (14) ,- 14. 601 (14) ;14. The past, present or future migration of hazardous substances from the Site constitutes an imminent and substantial endangerment due to the actual or threatened "release" of hazardous substances, as the term "release" is defined in Section 101 (22) of CERCLA, 42 U.S.C. 5 9601(22) ; VX. Based on the Findings of Fact and the Conclusions of Law, the Director of the Hazardous Waste Division, EPA Region IX, has made• the following determinations: 15. That an actual or threatened release of hazardous substances from the Site/facility .presents an imminent and substantial endangerment to the public health or welfare or the environment. 16. - That conditions present at the Site/facility constitute a threat to public health or welfare or the environment based upon a consideration of the factors set forth in the NCP at 40 C.F.R. S 300.41S(b) , and that the actions required by this - 10 Amended Order are necessary to protect the public. health, welfare and the environment. V. The actions required by this Amended Order, if properly performed, will be deemed consistent with the National contingency Plan, 40 C.F.R. Part 200 ("NCP") , and are appropriate to protect the public health or welfare or the environment. 2s. Pursuant to Section 1.06 (a) of +CBRCIAj 42 U.S.C. 99606 (a) , RPA has notified the State of California of the issuance of this Amended Order by providing the Department .of Toxic Substances Control. (DTOC)a copy of this Amended Order. VIZI. &VIMii7 QMM on August 12, 1998. SPA issued Unilateral Administrative Order Docket #98-12 ("the Original Order") to the respondents listed in Attachment 1 under the heading "Original. Respondents" . The effective date:of the Original Order was August 17, 1998. A copy of the Original Order is affixed as Attachment 4. A group of nineteen•of the original respondents formed the Patterson Environmental Response Trust Othe Trust"). Attachment 1 indicates which of the Original Respondents are members of the Trust.- The members of the Trust submitted notice of their 11 _. ................... intention to comply with the Original Order. The Trust submitted a sampling and analysis plan, a health and safety plan and a tank and drum .removal work plan pursuant to the requirements of Section VIII C, Paragraph 28 of the Original Order. The members of the Trust have been performing the removal activities required by the Original Order. This' work is not yet complete. Basis for Amendment gf VAO. 98-12 EPA has identified additional responsible parties in connection with the PRC Patterson site. EPA has also elected to expand the volumetric threshold for liability under this Amended- order mendedOrder to any entity that generated or transported in excess of 20,000 gallons of waste to this site between 1980 and 1987. These new entities are listed in Attachment 1 under the heading "New Respondents" . In order to complete the response action at the site and in order to add the new parties identified as "New Respondents", BPA is issuing this Amended Order. Based on the Findings of Fact, Conclusions of Law, and Determination#, SPA hereby orders all Respondents. (*Original* and "New") to perform the specific work set forth in Section MI, Subsection C, paragraph 28 of the Original Order under the direction of the' SPA's On-Scene Coordinator, and to comply with all requirements of this Amended Order. 12 QZnAraJ k3:ova 19. All work required by this Amended Order shall be conducted in accordance with: the applicable portions of the EPA Action Memorandum, dated November 4, 1997; CERCLA; the NCP; EPA Region 9 "Guidance for Preparing Quality Assurance Project Plans for Superfund Remedial Projects" (EPA, November 1992) ; any final amended or superseding versions of such documents provided by EPA; other applicabl6 EPA guidance documents; and any report, document or deliverable prepared by EPA because Respondents fail to comply with this Amended order. , 20. All plans, schedules, and other reports, that require FPA's approval and are required to, be submitted by the Respondents pursuant to this* Amended Order and shall, upon approval by EPA, be incorporated into and enforceable under this Amended Order, 21. EPA.will oversee Respondents' activities as specified in Section 104 tai (1) of CSRC1'.A Section, 42 U.S.C. 99604 (a) (l) Respondents will support EPA's initiation and implementation of' activities needed .to carry out its oversight responsibilities. Respondents shall also cooperate and coordinate the performance of all work required ,to be performed under this Amended Order with all other work being performed at the site, including work 13 _ ......... _........ performed by RPA, the State, another Respondent, or any other party performing work at the site with the approval of EPA. 22. Respondents shall undertake all actions required by this Amended Order in accordance with the requirements of all applicable local, state; and federal laws and regulations unless an exemption from such requirements is specifically provided under CBRCLA or unless the Respondents obtain a variance or exemption from .the appropriate governmental authority. IL Selection of C ntractgr(s) and Subs ntractor(s) 23 . All work performed by or ou behalf of Respondents pursuant to this Amended Order shall be performed by qualified individuals or contractors with expertise in hazardous waste site investigation or remediation, unless agreed otherwise by SPA. The Trust has selected Clayton Environmental Consultants as its contractor pursuant to paragraph 23 of the Original order and this selection has been approved by EPA. 24. If at any time, EPA disapproves, of any person's or contractbr's technical or work-experience qualifications, EPA will notify the Respondents in writing. Respondents shall, within five (5) working day of Respondents, receipt of EPA's written notice, notify SPA of the identity and qualifications of the replacement(a) . Should EPA disapprove of the',proposed 14 replacement (a) , Respondents shall be deemed to have failed to comply with the Amended order. 25. ' Respondents may propose to change the individual (s) , contractor(s) , or subeontraauctor(s) retained to direct and supervise the work required by this Amended order. If Respondents wish to propose such a change, the Respondents shall notify EFA in writing of the name, title, and qualifications of the proposed individual(s) , proposed contractorts) , or proposed subcontractor(*) , and such individual (*) , contractor(s) or subcontractor(a) shall be subjeci- to approval by EPA in accordance with the terms of paragraphs 23 and. 24 above. The naming of any replacement (s) by Respondents shall not extend any deadlines required by*this Amended order nor relieve the Respondents of any of their obligations to perform the work required by this Amended order. 26. Respondents will notify SPIT. of their respective field activities at least one week before initiating them so that' EPA may adequately schedule oversight tasks. 27. The Trust has previously submitted to EPA a certification that the Trust or its contractor(s) and subcontractor(s) have adequate.irisurance coverage or have indemnification for liabilities for injuries or damages to 15 ................................... ............. _........_.. . persons or property which may result from the activities to be conducted by or on behalf of Respondents pursuant to the Original order. Respondents shall ensure than such insurance or indemnification is maintained'-for the duration of performance of the work required by' this Amended order. Respondents shall ensure that the United States is named as an additional named insured on any such insurance policies. Work and Delive=b21ea: 28. iRK TO BS- PE"REORM a) The work requirements of paragraph 28 of the Original order are hereby incorporated by reference into the Amended Order. All Respondents are ordered to perform the Work and mike submittals and certifications as required in the Original Order. within the time schedules specified therein, as previously modified in writing by the parties to the Original Order. b) Clayton Environmental Consultants has been submitting monthly progress reports ("Progress Reports") on behalf of the ' Trust, pursuant to the Original order, and that obligation. shall continue and shall be applicable to all Respondents. c) The Trust has submitted and SPA has approved a Sampling and 'Analysis Plan, a Health and Safety Plan and a Contingency Plan according to the terms of the Original Order. 16 d} The Trust has initiated the work described under the Sampling and. Analysis Plan and that obligation shall continue and shall be applicable to all Respondents. e) The Trust has submitted and EPA has approved A Tank and Drum Removal Work Plan according to the terms of the Original order. f) The Trust has initiated the work described in the Tank . and Drum Removal Work Plan and the obligation to-perform that work shall continue and shall be applicable to all Respondents. g) All contractors, transporters and treatment, storage, disposal or, recycling facilities used or proposed for use during this action are subject to EPA approval. Respondents must demonstrate to EPA's satisfaction that the waste is or is not a Listed or Characteristic Hazardous Waste as defined in 40 C.F.R. Part 261. All subsequent handling, transport and disposal shall be conducted in accordance with this waste classification. h) The 'frust is providing security for the site and that obligation shall continue and shall be applicable to all Respondents. i) Any noncompliance with the Work to be performed or the schedules set forth within this section shall be considered a violation of this Amended order. 17 } 29. , All documents, including technical reports, and other . correspondence to be submitted by the Respondents pursuant to this Amended Order, shall bi sent by over-night mail to EPA's designated On Scene Coordinator or to such other addressees as EPA hereafter may designate in writing, and shall be deemed submitted on the date received by FPA. Respondents shall submit two (2) copies of each document to EPA, and two (2), copies to the DTSC. 30. SPA shall review, comment, and approve or disapproYe each plan, report, or other deliverable submitted by Respondesnts. All EPA comments on draft deliverables shall be incorporated by the Respondents. - FPA shell notify the Respondents in writing' of EPA's approval or disapproval of a final deliverable. , in the event of any disapproval, EPA shall specify the reasons for such disapproval, SPA's required modifications, and a time freme for submission of the revised report, document, or deliverable.. if the modified report, document or deliverable is again disapprove by EPA, EPA shall first notify the Reap ondents of its disapproval of the resubmitted report, document, or deliverable, and then may draft its own report, document or deliverable and incorporate it as part of this Amended Order, may seek penalties from t,'he, ie Respondents for falling to comply with this Amended order, or may conduct the remaining work required by this Amended Order, 31, For purposes of this Amended order, EPA's authorized representatives shall include, but not be limited to, DTSC and any consultants and contractors hired by BPA to oversee activities required by this Amended Order. Ix- R=CCs 9Z IM= pro 9MU 32. All New Respondents shall, by no later than December 28, 1999, provide written notice to RPA of New Respondents' irrevocable intent to comply with this Amended order. This notice should be directed to BPA Assistant Regional Counsel Jeanne Elias at the address ope:cified 'in this Amended order. Failure to respond, or failure to agree to comply with this Amended order, shall be deemed a refusal to comply with this Amended order. ?. OPPOR'TMUT'Y, TO 33., Respondents may- attend a conference with the Chief of the Emergency Response office in the Superfund Division, or whomever the Chief of the Emergency Response Office may designate. The conference shall occur at loam on December 9, 1999 at EPA's Regional Office, 7S Hawthorne Street, Sart Francisco, California. 19 ................................................... . . .................................................. ................................................. ............................................ 34. At the conference the Respondents may appear in person, or be represented by an attorney or other representative. If Respondents have questions about the conference, the Respondents shall contact Jeanne Elias, Assistant Regional Counsel, at (415) 744-1317. 35. The purpose and scope of any such conference held pursuant to this Amended Order shell be limited to issue' involving the implementation of the. response actions, required by this Amended Order and the extent to which Respondents intend to comply with this Amended Order. At the conference Respondents may present any evidence, arguments or comment regarding this Amended Order, its applicability, any factual determinations upon: which the Amended Order is based, the. appropriateness of any action which the Respondents are Amended Ordered to take, or any other relevant and material issue. Any such evidence, arguments or comments should be reduced to writing and submitted to SPA within three (3) days following the conference. This conference is not an evidentiary hearing, and does not constitute a proceeding to challenge this Amended Order. It does not give Respondents a right to seek review of this Amended Order, or to seek resolution of potential liability, and no official stenographic record of the conference will be made. In lieu of 20' attending the conference, a Respondent may submit any such evidence, arguments or comments writing within three (3) days following the date of the conference. Any such writing should be directed to Jeanne Elias, Assistant Regional Counsel, Mail Stop 4RC-3, RPA 75 Hawthorne Street, van Francisco, CA 94105. 35. Respondents are hereby placed on notice that RPA will take any action which may be necessary in .th+e opinion" of -RFA' for the protection of public health and welfare and the environment., and Respondents may be liable under Section '107 {a} of CERCLA, 42 U.S.C. vection 9807 (a) , for the costs of those actions. X1. 37. In the event of any action or occurrence during the performance of the work which causes or threatens to cause a release of a hazardous. substance or which may present an immediate threat to public health or welfare or the environment, Respondents shall immediately take all appropriate action(s) to prevent, abate, or minimize the threat, and shall immediately notify EPA's primary On-Scone Coordinator (*OSCv) , or, if the primary QSC is unavailable, EPA's alternate OSC, as designated below in paragraph 41. If neither of these persons is available, Respondents shall notify the FSPR Emergency Response Unit, Region 9, phone number (415) 744-9000. Respondents shall take such 21 action(s) in consultation with EPA's OSC and in accordance with all applicable provisions of this Amended Order, including but not limited to the Health and Safety Plan. 38. Nothing in the'preceding paragraph shall be deemed to limit any authority of the United States to take, direct, or Amended Order all appropriate action to protect human health and the environment or to prevent, abate, or minimize an actual or threatened release of hazardous substances at or from the, Site.. Xas. MODXRXCRTXCN OY Rx REQUIRED 39. In the event of unanticipated or changed circumstances at the Site, Respondents shall notify the EPA OSC by telephone within twenty-four (24) hours of discovery of the unanticipated or changed circumstances. This verbal notification shall be followed by written notification postmarked no later than. three (3) days of discovery of the unanticipated or changed cir- cumstances. 40. The Director of the Superfund Division, EPA. Region IX, may determine that in addition to tasks addressed herein, additional work may be required to address the .unanticipated or changed circumstances referred to in paragraph 39. where consis- tent with Section 106(a) of CERCLA, the Director of .the Superfund Division, EPA Region IX, may direct, as an amendment to this 22 Amended order, that Respondents perform these response actions in addition to those required herein. Respondents shall implement the additional tasks which the Director of the Superfund Division, EFA Region ZX, identifies. The additional work shall be completed according to the standards, specifications, and schedules set forth by the Director of the Superfund Division, SPA Region 1X in any modifications to this Amended order. xxxi. Daszamm FR== Nma= 41. EFA has designated Richard Martyn, an employee of Region TX of EPA, as its primary on-Scene Coordinator ("oSC") and designated representative at the Site, who shall have the authorities, duties, and responsibilities vested in the OSC by the NCP. This includes, but is not limited to, the authority to halt, modify, conduct, or direct any tasks required by this Amended order. or undertake any response actions (or portions of the response action) when conditions at the Site present -or may present •a threat to public health or welfare or the environment as set forth in the NCP. The Trust has previously. designated Clayton Environmental Consultants as its Project Coordinator and Clayton has been responsible for overseeing Respondents$ implementation of this Amended order. This obligation shall continue and shall be applicable to all Respondents. To the 23 ................................. ................._. ......... maximum extent possible, all oral communications between Respon- dents and EPA concerning the activities performed pursuant to this Amended Order shall be directed through EPA's OSC and Respondents' Project Coordinator. All documents, including progress and technical reports, approvals, and other correspon- dence concerning the activities performed pursuant to the terms and conditions of this Amended Order, shall be delivered in accordance with Paragraphs 28-30 Of the Original Order, as modified by the parties. 42 . EPA and Respondents may change their respective OSC and Project Coordinator. Notification of such a change shall be made by notifying the other party in' writing at least five- (5) days prior to the change, except in the case of an emergency, in which case notification shall be made orally followed by written notification as soon as possible. 43. Consistent with the provisions of this Amended Order, the EPA designates John Jams as an alternate OSC, in. the event Richard Martyn is not present at the site or is otherwise unavailable. During such times, John Jaron shall have the authority vested in- the On-Scene Coordinator ("OSC") by the NCP, as set forth in paragraph 41 above. 24 44 . The absence of the EPA OSC from the Site shall not be cause for the stoppage of work. Nothing in this Amended Order shall limit the authority of the EPA OSC under federal law. XXX. c � 45. ' Respondents shall permit EPA and its authorized . representatives�to have access at all times to the Site to monitor any activity conducted pursuant to this Amended Order and to conduct such tests or investigations as EPA deems necessary. Nothing in this Amended Order shall be deemed a limit upon EPA's authority under federal law to gain access to the Site. 46. ' The Trust has previously obtained access to the site. To the extent that Respondents require additional access to land other than land they own in carrying out the terms of this Amended Order, Respondents shall, within fifteen CIS) days of the Effective gate of this Amended order, obtain access for EPA,, its contractors, oversight. officials, or other authorized representatives; state oversight officials and state contractors; and Respondents or their authorized representatives. If Respondents fail to gain access within fifteen US). days, they shall continue to use best efforts to obtain access until access is granted. For purposes of this paragraph, "best efforts" in- 2S ........... .................... . cludeb but is not limited to, seeking judicial assistance, providing indemnification, and/or the payment of money as consideration for access. . If access is not provided within the time referenced above, EPA may obtain, access .under Sections 104 {e} or 106(a) of CERCLA. XV. RZINDUR82M OF OVBRSXGW COST'S 47. Respondents shall reimburse EPA, upon written demand, for all response costs incurred by the United States in overseeing Respondents' implementation of the requirements of this Amended Order. EPA may submit to Respondents on a periodic basis a bill for all response costs incurred by the United States with respect to this Amended Order. Respondents shall, within thirty (30) days of receipt of the bill, remit by cashiers or certified check for the amount of those costs made payable to the "Hazardous Substance Superfund, " to the following address: U.S. Environmental Protection Agency Region 9, Attn. : Superfund Accounting P.O. Box 360863M Pittsburgh, PA 15351 Respondents shall send a cover letter with any check and the letter shall identify the PRC Patterson Site by name and make reference to this Amended Order. Respondents shall send simultaneously to the EPA OSC notification of any amount paid, including a photocopy of the check. 36 48. Interest at. the rate established under section 107(a) of CERCLA shall begin to' accrue on the unpaid balance from the. day of the original demand notwithstanding any dispute or Abjection to any portion of the costs. XV1. DMY M PIREMU 49 Any delay in performance of any requirement of this Amended Order that, in the EPA's judgment, is not properly justified. by Respondents under the terms of this Section shall be considered a violation of this Amended Order. Any delay in performance of any requirement of this Amended order shall not affect any other obligation of Respondents under the terms and conditions of this Amended order. So. Respondents, as applicable, shall notify SPA of any delay or anticipated delay in performing any requirement of this Amended Order. Such notification shall be made by telephone: to EPA's. primary OBC within twenty-four (24) hours after Respondents first knew or should have known that a delay might occur. The Respondents shall adopt all reasonable measures to avoid or minimize any such delay. within three (3) days after notifying EPA by telephone, the Respondents shall provide written notification fully describing the nature of .the delay, any justification for delay, any reason why the Respondents should 27 ......... ._.._.. _ .................................... ..................... _.. not be held strictly accountable for failing to comply with any relevant requirements of this Amended Order, the measures planned and taken to minimize the delay, and a schedule for implementing the measures that will be taken to mitigate the effect of the delay. Increased costs or expenses associated with im- plementation of the activities called for in this Amended Order are not justifications. for any delay in performance. Si. , If Respondents are unable .to perform any activity or submit any document within the time required under this Amended order, the Respondents may, prior to the expiration of the time, request an extension of time in writing. The extension request shall include a j ustification for the delay. The submission of an extension request shall not itself affect or extend the time to perform any of Respondents, obligations under this Amended order. 52. If EPA determines that good cause. exists for an extension of time, it may grant a request made by Respondents pursuant to paragraph 51 above, and specify in writing to the Respondents the new schedule for completion of the activity and/or submission of the document. for which the extension was requested. 28 roes, PAM2 PEZAIMMIE 53 . Respondents shall maintain, during the pendency of this Amended Order, and for a minimum of five (5) years after RPA provides notice to Respondents that the work has been completed, a depository of the records and documents required to be prepared under this Amended Order. In addition, Respondents shall retain copies of the most recent version of all documents that relate to hazardous substances at the Site and that are in its possession or in the possession of its employees, agents, contractors, or attorneys. After this five-year period, Respondents shall notify RPA at least thirty (30) days before the documents are scheduled to be destroyed. . if EPA so requests, Respondents shall provide these documents to BPA. 54. BPA reserves the right to bring an action against Respondents under Section 107 of" dMCIJI, 42 U.S.C. 19607, for recovery of any response costs incurred by the United States related to this Amended Order and not 'reimburs+sd by Respondents. This reservation shall include but not be limited to past costs, direct costs, indirect costs, the costs of oversight, . the costs of compiling the cost documentation to support oversight casts, 29 .............. ............ . ...... as well as accrued interest as provided in Section 107 (a) of CERCLA, 42 U.S.C. 59607. 55. Notwithstanding any other provision of this Amended Order, at any time during the response action, EPA may perform its own studies, complete the response action (or any portion of this response action) and seek reimbursement from Respondents for its costs, or seek any other` appropriate relief. 56. Nothing in this Amended order shall preclude SPA from taking any additional enforcement action, including modification of this Amended order or issuance of additional Amended Orders, or additional remedial or removal actions as EPA may deem necessary, or from requiring Respondents in the future to perform additional activities pursuant to CERCLA, 42 U.S.C. 19607(a) , At, Alg,., or any other applicable law. Respondents shall be liable under CERCLA Section 107(a) , 42 U.S.C. .59607 (a) , for the costs of any such additional actions. 57. Notwithstanding any provision of this Amended Order, the United States hereby retain all of its information gathering, inspection and enforcement authorities and rights under CERCLA, the Resource Conservation and Recovery Act, or any other applicable statutes or regulations.. 30, 58.: Notwithstanding compliance with the terms of this Amended order, including the completion of an EPA-approved response action, Respondents are not released from liability, if any, for any enforcement actions beyond the terms of this Amended Order taken by EPA. 59. EPA reserves the right to take any enforcement action pursuant to CERCLA or any other legal authority, including the right to geek injunctive relief, monetary penalties, reim- bursement of response costs; and punitive damages for any viola- tion of law or this Amended Order. 64. EPA expressly reserves all rights and defenses that it may have, including the EPA's right bath to disapprove of work performed by Respondents and to request the Respondents perform tasks in addition to those detailed in both the Original and the Amended Order. 61. ` This Amended Order does not release Respondents, individually or collectively, from any claim, cause of action or demand in l&V or equity, including, but not limited to, any claim, cause: of action, or demand which lawfully may be asserted by representatives of the United States or the State of California. 31 62. No informal advice, guidance, suggestions, or comments by EPA regarding reports, plans, specifications, schedules, and any other writing submitted by Respondents will be ,construed as relieving Respondents of their obligation to obtain such formal approval as may be required by this Amended Order. XXX• Asx 63. If any ,provision or authority of this Amended Order or the application of this Amended order to any circumstance is held by a court to be invalid; the application of such provision to other circumstances and the remainder of this Amended Order ,shall not be affected thereby, and the remainder of this Amended Order shall remain in force. ZZ.. i► 8 64. The United States, by issuance of this Amended Order, assumes no liability for any injuries or damages to persons or property resulting from acts or omissions by Respondents, or their employees, agents, successors" assigns,. contractors, or consultants in carrying out any action or. activity pursuant to this Amended .Order. Neither EPA nor the United States shall. be held as a party to any contract entered into by Respondents, or their employees,, agents, successors, assigns, contractors, or 32 consultants in carrying out any action or activity pursuant to this Amended Order. =1. P 7.TS88 PCP NQM=LLbM 65. Respondents are advised pursuant to Section 106(b) of CERCLA, 42 U.S.C. section 9606(b) , that willful violation or subsequent failure or refusal to comply with this Amended Order, or any portion thereof, may subject Respondents to a civil penalty of up to $25,000 per day for each day in which such violation occurs, or such failure to ,comply continues. Failure to comply with this Amended Order, or any portion thereof, without ,sufficient cause may also subject Respondents to liability for punitive damages in an amount three times the amount of any cost incurred by the government as a result of the failure of Respondents to take proper action, pursuant to Section 107(c) (3) of CBRCLA, 42 U.S.C. Section 9607 (c) (3) . ZZII. 66. This Amended Ox`der supercedes the Original Order, Docket No. 98-12 and is effective, on November 30, 1999. 33 K XXY2X. TERMINATION MM SATY,t�3F CT-19N 57. The provisions of. this Amended Order shall be deemed satisfied upon Respondents' receipt of written notice from EPA that Roapc►ndents have demonstrated, to the satisfaction of EPA, that all of the terms of this Amended Order, including any additional tasks which EPA has determined to be necessary, have been completed. 34 Amended Unilateral Administrative Order 98-12A IT IS SO ORDERED UNITED STATES ENVIRONMENTAL PROTECTION AGENCY q By: Date: Keith A. Takata, Director Superfund Division Region 9 EPA Region 9 Contacts: Richard Martyn On-Scene Coordinator (SPD-6) Office of Emergency Response BFO, Region 9 75 Hawthorne Street San Francisco, CA 94105 (415) 944-2288 Jeanne Elias Assistant Regional Counsel (ORC-3) Office of Regional Counsel EPA, Region 9 75 Hawthorne Street San, Francisco, CA 94105 (41S) 744-1317 John Jaros Enforcement and Investigation (SFD-6) Officer of Emergency Response SPA, Region 9 75 Hawthorne Street San Francisco, CA 94105 (415) 744-3316 3S List of Attachments Attachment 1 - List of Respondents Attachment 2 - Definitions Attachment 3 - Site map Attachment 4 - FPA Unilateral Administrative order 98-13 36 ' Attachment nI" Swdon "IH Original Rgspondenta ADVANCED ENVIRONMENTAL INC ADVANCED PETROLEUM RECYCLING JIM ENNIS JOSEPH HAVADI 13$79 W'HI"I'I RAM AVENUE 9642 ASPEN HMU FONTANA,CA 92335 SAY,UT 84092 ALAMEDA CONTRA COSTA TRANSIT DISTRICT ALL PETROLEUM RECOVERY SERVICES,INC. ROPERS,MAJESKI,KOHN,BENTLEY C.O.TRIEBEL ROBERT P.SORAN,ESQUIRE 40314TH STREET 1001 MARSHAL):"MEET OAKLAND,CA 94612 REDWOOD CITY,CA 94063 ALL WASTE TRANSPORTATION ALLIED OIL&PUMPM LEBOEUF,LAMB„GREENE&MACRAE REX SHIPMAN JON BENJAMIN,ESQUIRE 1254 SAN MORI TR ONE EMBARCADERO CEN ER;SUM 400 SAN Jam,CA 53132 SAN FRANCISCO,CA 94111 ALLIEI)PETROLEUM ALVISO INDEPENDENT OIL CO MR COLJN KELLY LARRY EVANS PO BOX 3331 1110 TAYLOR STREET MODEM,CA 93332 ALVISO,CA 9$002 AMERICAN VALLEY ENVIRONMENTAL,SYS ARCO PRODUCT'S COMPANY BILL LEMOS JESS WOMACK 2930 GEElt ROAD,SUITE 233 444 SOUTH FLOWER STREET" DELHI,CA 93380 LOS ANGELES,CA-90071 CAL TRANS CHICO DRAIN OIL.SERVICE KATHY PAPALLA.DEMTIY ATTORNEY HUGH LOROQUE 1120 N STREET 1618 WEST STH STItF.E"T S,ACRAI► N"I'O,CA 95811 CHICO,CA 93521 CONAGRA GROCERY PRODUCTS COMPANY *CONTINENTAL MARnum INDUSTRIES,INC. C!O UNITED CAN COMPANY FORMER PARENT OF SERVICE ENGINEERING THOMAS MCGOWAN,ESQUIRE LEE IL W'IIAM,VP 8t Ci AL COU14M 222 SOUTH 13TH 57RBET 1993 BAYFRONT STREET SUITE 1400 SAN DMOO,CA 91977 OMAHA,NE 68102 •_••'.•^•»•�+r q+* +ndrr it is a menbdr oJ'Ac Pattmon Exvbvnmmtat R`epe 7)vn CRANE'S WASTE OIL INC DESERT MOUNTAIN OIL CO JANET CRANE AVANSINO,MELARKEYdt KNOBEL FORRONDO 13412 HIGHWAY 178 MARK KNOBEI,,ESQUIRE WELDON,CA 93283-9702 165 WEST LIBERTY STREET RENO,NV 89501 DURA BUILT TRANSMISSION GIBSON ENVIRONMENTAL DAVID FIREWORKER W P VAN LOBEN SELS 9317 GREENBACK LANE 12042 DAVIS CUP COURT ORANGEVALE,CA 95662 BAKERSFIF,LD,CA 94611 H&H SHIP SERVICE CO HEDRICK DISTRIBUTERS B40MYSIDE OIL CO WILLIAM HARRIS KIM GLEN 37 LA SALLE AVENUE 210 ENCINAL STREET PIEDMONT,CA 94611 SANTA CRUZ,CA 95060 *HOMESTAKE MINING COMPANY OF CALIFORNIA HUNTWAY REFINERY ALAN COX STEPHEN P.PIATBK, 650 CALIFORNIA S BEET 1651 ALAMEDA S77JW SAN FRANCISCO,CA 94108 WILMINGTON,CA 90744 KAISER PERMANENTS LAIDLAW GAS RECOVERY HEE YOUNG LEE COOPER,WHITE A COOKER- ` ONE KAISER PLAZA KEITH HOWARD,ESQUIRE OAKLAND,CA 94612 1333 N CALIFORNIA BLVD#460 WALNUT CREEL,CA 945%-4327 •LASSEN GOLD MINING INC MARIN TUG&BARGE,DX DELBERT PARR GARY.WINS ON PO BOX 365 1316 CANAL BLVD ADIN,CA 96006.0363 RICHMOND,CA 94804 *MATSON NAVIOATIONt COWAN ,AIC. MOBIL OIL CO DANIELLJOHNSON ED CHAP+MAN,ESQUIRE P.O.BOX 7432 3223 GALLOWS ROAD SAN FRANCISt70,CA 94120 ROOM 3D 1740 FAIRFAX,VA 22037-001 *.4n asterkk indkaw.that tke named Respondent is a member of the Patterson EnWronmental Response Trwr -- - *NATIONAL STEEL AND SHIP BUII.INNG COMPANY NOR-CAL OIL INC T.MICHAEL GHEE MRS.EMMA PUETT,PRESIDENT MANAGER,ENVIRONMENTAL ENGINEERING PO BOIL 645 P.U.BOX 85278 DENAIR,CA 95316464.5 SAN DIEGO,CA 92186-5278 *OWENS-ILLINOIS INC. *PACIFIC TELESIS GROUP ON BEHALF OF ITSELF AND SUBMIARIES R MENE SOTO NIRAV RAJ PARIKH,ESQUIRE 2600 CAMINO RAMON,ROOM 3E000U ONE SEAGATE BUILDING 25 IMP SAN RAMON,CA 94383 TOLEDO,OH 43666 * PETRO STOPPING CENTERS,L.P. *PINOLE POINT STEEL NANCY C.SANTANA,ESQUIRE THELEN,RED&PRIEST LLP 6480 SURETY DRIVE GREGORY P.OTIARA,ESQUIRE EL PASO,TX 79905 333 WEST SAN CARL 17TH FLOOR SAN JOSE,,CA 95110 *PR1MEx TACTICAL SYSTEMS RAMOS ENVIRONMENTAL SERVICES CAO PRIMIDC TECHNOLOGIES,M ERNESTO L PEREZ,ESQUIRE WILLIAM L DUFFIN 1540 JEFFERSON BOULEVARD 101019TH STREET NORTH WEST SACRAMENTO,CA 95691 ST.PEI`FSMG,FL 33716-3W7 REED►GRAHAM INC RENO DRAIN OIL SERVICE HEED,ELLIOT,allS I4&RO'TH RICHARD CHANNEL JEFFREY LAWSON.ESQUIRE 119701-80 EAST 99 ALMADEN BLVD;STH FLOOR SPARKS,NV 89434 SAN JOSE,,033E CA'95113-1606 * ROCKWELL IN I OtNATIONAL CORP. SACRAMENTO WASTE OIL WAUKESHA E UX I`RTC SYSTEM ALBERT HERNANDEZ A DIVISION OF GENERAL SIGNAL POWER SYSTEMS 4544 DUNNBURY WAY 00 DAN MCGRADE.DSR.ENV.AFFAIRS SACRAMENTO.CA 93842 SIX CORFOZtA'TION 700 TERRACE PCS`DRIVE MtJ".OLZi'GAN,MI 19443-3301 SAFE-WAY awaC.AL CO INC SAN FRANCISCO DRY DOCK JUDY MO3ffi.EY LATHAM&WATKINS 664 STOCCTON AVENUE.UNIT I KARL LYTZ,ESQUIRE SAN JOSE,CA 95126 505 MONTGOMERY SIR=,SUITE 1900 SAN FRANCIEC o CA 94111 i-dkwte!that the rromW RIs mndm t k tit mmsbirr ofthe Ponwim Brn+i omxmtd Ropoom rnw 'SANTA CLARA VALLEY TRANSIT AUTHORITY SIGNODE CORP SUZANNE B.GIFFORD,ESQUIRE MORRISON&FOS 3331 NORTH FIRST STREET BLDG.C-2 PETER HSIAO SAN JOSE,CA 95134-1906 555 WEST STH STREET LOS ANGELES,CA 90013-1024 TANK TESTING ENVIRONMENTAL INC 'TEXACO,INC. BOB WILLIAMS GORDON A TURL 3567 TASSAJARA COURT 2255 NORTH ONTARIO S'T'REET FAIRFIELD,CA 94533 ROOM 131 BURBANK,CA 91504 'THE BURLINGTON NORTHERN AND SANTE FE 'TIME OIL CO. MICK E.HARDIN,MANAGER ENV REMEDIATION RICHARD GORDON,ESQUIRE 740 EAST CARNEGIE 2737 WEST COMMODORE WAY SAN BERNADINO,CA 92408 SEATTLE,WA 98199 'UNION OIL COMPANY OF CALIFORNIA 'UNION-PACIFIC RAILROAD COMPANY CJO CT CORPORATION SYSTEM ATrN:ROBERT C.BYLSMA,ESQUIRE 8I 8 WEST 7TH STREET 10031 FOOTHILLS BOULEVARD LOS ANGELES,CA 90017 SUITE 200 ROSEVLLI CA 95747 WASTE OIL RECOVERY SYSTEMS INC WORLD COLOR MERCED ANTHONY FALCON LATHAM&WATKINS.ESQUIRE 6401 LEONA STREET CARY PERLMAN,'ESQUIRE OAKLAND,CA 94605 SEARS TOWER-SUITE 5840 CHICAGO,IL 60601E YYK ENTERPRISES,INC CULLIN MORNING 1020 44TH AVE OAKLAND,CA 94601 •An asterisk indicates dw the named Respondent is a number of the Paumon Environmental Response lho Attachment "I" Section "2" New Re_s_poAd eats 10 MIN LUBE N OIL ACCUTM OLYMPIAN OIL IERRY BALSWICK TRUMP,ALIOTO,TRUMP do PRESCOTT DENNIS BUCHANEN DAVID HARRIS,ESQUIItE 417 N.GOLDEN STATE BLVD 2280 UNION STREET TURLOCK,CA 95380 SAN FRANCISCO,CA 9412.3 ALFRED CONHAGEN INC OF CA ALL AMERICAN OIL CO MILLER,STAR&REGALIA GENERAL MANAGER EUGENE MILLER,ESQUIRE 8526 S MAIN STREET 1331 N CALIFORNIA BLVD. LOS ANGELES,CA 90003 WALNUT CREEK,CA 94396 ALL VALLEY OIL RECYC LERS AMERICAN FALCON VESSEL 'DOUG AND.DEBBIE DUERKSEN CROWLEY SCAN TRANSPORT 1642 WEST MESA DAN C'ONATON FRESNO,CA 93771 9487 REGENCY SQUARE BOULEVARD JACKSONVILLE,FL 32225 AMERICAN MERLIN VESM BALL-FOSTER,GLASS C OJXC OSPREY MANAGEMENT ROBERT MCC UMl AND,ASw4OCIATE GENERAL WILLIAM Goss,PRESIDENT P.O.BOX 3000 6300 ROCILVRING DRIVE,SHITE 300 BROOMF[ELD,CO 80038-SO40 BETHESDA,MD 20117 BARRIO GOLDSTRIK4 NOW INC , BAY DECKING CO INC PARSONS BEHLE&LATIMER SEYFARTH,SHAW,FAIRWEATHER A GERALDSON HAL 1.POS,ESQUIRE PETER S.VINCENT,ESQUIRE 201 SOUTH MAIN STRB'BT . 101 CALJF'ORNIA ST.,SUITE 2900 SUTTB 1800 SAN FRANCIS ,CA 94111 SALT LAKE CITY,UT 84111.2219 BP OIL COMPANY BURKE RUBBER C'O BROWSE A MC`,DOW"13L . GIBSON,DUNN&CRLTPCIIER LLP CHERYL FOE LTIMM ESQU= ALAN DIM ESQUIRE 1001 LAKESIDE AVENUE 61600 GAMWREE CENTER, CLEVELAND,OR 44114 4 PARK PLATA IRVINE„CA 92614-8537. CAL ENEGRY COMPANY INC CALIFORNIA AND HAWAIIAN SUGAR COMPANY BRUCE CARLSEN,EHS MGR. C tit H SUGAR COMPANY 950 W.LDMUY ROAR SANDRA H.STEVENS,DIRECTOR ENVIRONMENTAL CALIAIVIA,CA 92233 830 LORING AVENUE CROC KETT,CA 94523 CELLOTAPE INC CENTRAL COAST ANALYTICAL,SERVICE FRED REDMAN,PRESIDENT STEVE HAVLICEK 47623 FREMONT BOULEVARD 1140 PETAL STREET FREMONT,CA 94538-6577. DALLAS,TX 75238 CERTIFIED GROCERS OF CALIFORNIA CHALLENGE DAIRY LITTLER MENDELSON CATHERINE JOHNSON,ESQUME BETHANY M.KAY$ESQUIRE 1111 BROADWAY STREET,24TH FLOOR 650 CALIFORNIA STREET;20TH FLOOR OAKLAND,CA 94607-4036 SAN FRANCISCO,CA 94108-2693 CIRCLE K STORES INC. CITY do COUNTY OF SAN FRANCISCO W.THOMAS SKOK RONA SANDLER.ESQUIRE P.O.BOX 52083 CITY HALL ROOM 234 PHOENIX,AZ 85072-2085 1 DR CARLTON B GOODLET PL SAN FRANCISCO,CA 94102 CITY OF EMERYVILL E CITY OF FRESNO PEDESTRIAN AND BICYCLE OVERCROSSDY+13 RISK MANAGEMENT DIVISION MICHAEL.G.BMDLE,CITY ATTORNEY ELMABLTH VELA.'SCO 2200 POWELL . 127HFLOOR 2600 FRESNO STREET EMERYVILL.,CA 94608 FRESNO,CA 93721-3612 CITY OF MERCED CITY OF SACRAMENTO OFFICE OF THE CITY ATTORNEY GREGORY B.BRAGG&ASSOCIATES,INC. ATTN: TOM GUARINO CHRISTOPHER M.LAWLEY,MANAGER 678 WEST 18TH STREET 9211 OTH STREET MERCER,CA 95340 . SUT M 700,DEPT. 1545 SACRAMENTO,CA 95814 CITY OF STOCKTON CONSOLIDATED FREIGH'TWAYS DOUGLAS H.CALKINS,CITY ATTORNEY ARTHUR HACK"WORTH,CORPORATE COUNSEL 425 N.EL DORADO STREET 175 LD4FIELD DRTYE ST O CKTON,CA 95202-1947 MENLO PARK,CA 94025 CONTAINER MANAGEMENT SERVICE CO CONTINENTAL MARrI ME OF BAN FRANCMC 0 ANDY BARAJAS,GENERAL MANAGER ROGER A.PIC CIN 21301 CLOUD WAY PO BOX 1044 HAYWARD,CA 94545 ALAMO,CA 94507 CONWAY WESTERN EXPRESS COUNTRY CLUB SERVICES CON-WAY,INCJCNF INC. THE COUNTRY CLUB SERVICE CENTER ATIN:CRAIG FURGESON 3240 HILLVIEW AVE PALO)ALTO,CA 94304 STO CKTON,CA 95204 COUNTY OF ALAMEDA COUNTY OF SONOMA ALAMEDA COUNTY COUNSEL SONOMA COUNTY COUNSEL"S OFFICE NICK ARAC IC,ESQUIRE DAVID MC FADDEN 1221 OAK STREET;ROOM 463 575 ADMINISTRATION DR,RM.1 OSA OAKLAND,CA 94612 SANTA ROSA,CA 94503-2881 COUNTY OF STANISLAUS DAN RYAN INDUSTRIES INC STANISLAUS COUNTY COUNSEL JEFF SWANSON,ESQUIRE JOHN P.DOERING 2315 PARK MARINA DRIVE 9102 1010 TENTH STREET. REDDII4C3,fi.A 96001 SUITE 6400 MODES"TO,CA 95353 DOW HAMMOND TRUCKS CO ECD3NO LUBE&TUNE JOHN BARNES DAVID MCOOMBS ETH do G STREET 4911 BIRCH STREI3T MODESTO,CA 95350 NEWPORT BEACH,CA 92660 EMPORIUM EXXON FEDERATED DEPARTMENT STORES D.JOSEPH PO'rVIN JAMES M.Z54MERMAN P.O.BOX 2180 7 WEST 7TH STREET ROOM EB 1741 CINCINNATI.OH 45= HOUSTON,TIC 77232-2180 FIRESTONE FULTON SHIPYARD JONES,DAY",REAVIS R POCIUE LELAND.PARACHINI,ET.AL- HEIDI HUGHES BUMPER&ES4$JIRE PETE K.WOLFT JR.,ESQUIRE 51 LOUISIANA AVENU$N.W. 333 MARKET STREET;SUITE 2300 WASHINGTON,DIC 20001-2113 SANFRANCISCOCA94105 GALLO GLASS COMPANY GEORGIA PACIFIC CORP TIMOTHY A.BYRD,ATTORNEY PETER H.SMIIZI,SENIOR COUNSEL P.O.BOX 1130 133 PEAL HTRZIB STREET NE MODEM,CA 95353 P.O.BOX 105605 ATLANTA,GA 30303 GOODYEAR HABER OIL PRODUCTS THE GOODYEAR TIRE&RUBBER COMPANY RANDICK&ODEA GEORGE S.DUNN,SENIOR PARALEGAL JULIE ROSE,ESQUIRE 1144 EAST MARKET STREET 1800 HARRISON;SUITE 3350 AKRON,OH 44315.0001 OAKLAND,CA 94612 HEAVENLY VALLEY LTD PARTNERSHIP HOLT BROS TRACTOR&1r+1PLeAENT CIO AMERICAN SKIING COMPANY THE LAW OFFICES OF GEOFFREY O.EVERS DEIRDRE OrALLAGHAN,ASSISTANT GENERAL GEOFFREY 0.EVERS ONE PARKWAY 765 UNIVERSITY AVENUE,SUITE 200 P.O.BOX 450 SACRAMENTO,CA 95825 BETH EL,ME 4217 HTI TANX WASH JG BOSWELL JOHN HARKRADER,PRESIDENT EDWARD C.GIERMANN,ESQUIRE 9957 MEDFORD AVENUE,BUILDING I 1 101 WEST WALNUT STREET OAKLAND,CA 94603 PASADENA,CA 91103 JIFFY LUBE KLAMATH FERRYBOAT ASSOCIATES HELLER,EIIRMAN,WHITE&MCAULIFFE DELAGNES,MITCHELL&L NDER JOSEPH ARMAO.ESQUIRE 'TED MITCHELL,ESQUIRE 333 BUSH ST. 300 MONTGOMERY STREET` SAN FRANCISCO,CA 94104 SUITE 1030 SAN FRANCISCO,CA 94104 L.J.ENGINEERING LAIDLAW GAS RECOVERY MARK STOUT,PRESIDENT COOPER.WHITE&COOPER 440 ALDO AVENUE KEITH HOWARD,ESQUIRE SANTA CLARA,CA 95OS4 1333 N CALIFORNIA BLVD#W WALNUT CREEK,CA 94596.4527 LIBERTY MACHINE INC LMC METALS DANIEL BOHANNON SIMSMETAL USA CORPORATION 34325 ARDENWOOD BLVD CIO MYLES A.PARTRIDGE FREMONT,CA 94353 600 SOUTH 4TH STREET RICHMOND,CA 94804 MATLACK INC MYERS CONTAINER CORP THEM REM&PRIEST LLP CROSBY,HEAFY.ROACH&MAY GREGORY P.071ARA.ESQUIRE JOHN SlW=ESQUIRE 333 W.SAN CARLOS STREET,' 17TH FLOOR 1999 HARRISON STREET SAN JOSE,CA 95110 OAKLAND,CA 94612 NAPA FABRICATORS NATIONAL AUTOrIRUCKSTOPS NADA PIPE CORPORATION TRAVELCENTERS OF AMERICA CORPORATE COUNSEL EMILY GLOECKLER 1025 KAISER ROAR 24601 CENTER RIDGE ROAD NAPA,CA 94558 SUITE 200 WESTL.A►KE,OH 44145-5639 NEWMONT GOLD CO QUARRY NORWEGIAN CRUISE LINE BALLARD SPAN PHILLIP M.BRAZLAVSKY,ESQUIRE ELIZABETH TEMKIN,ESQUIRE 7653 CORPORATE CENTER DRIVE 1225 17TH STREET;#2300 MIAMI,FL 33126 DENVER,CO 80202 OIL CHANGERS OROVILLE COGENERATION POWER FAC JASON BERQUIST,COMPLIANCE OFFICER ATTN: RON WALKER.PLANT MANAGER 4511 WILLOW ROAD;SUITE 1 693 CAL OAK DRIVE . PLEANSANTION,CA 94588 OROVItLE,CA 95965 PACIFIC ENERGY PACIFIC GAS At ELECTRIC COMPANY OGDEN ENERGY GROUP BARBARA S.BENSON,ATTORNEY NANCY TAMMI,ESQUIRE P.O.BOX 7442 40 LANE ROAD SAN FRANCISCO,CA 94120 FAIRFIELD,NJ 7007 PAKTANK CORPORAIION-RICHMOND TERMINAL PENNZOIL 10 MINUTE OIL CHANGE PAIGE BAILEY DOSS,GENERAL COUNSEL GENERAL MANAGER 2000 WEST LOOP SOU71L SUITE 2200 720 EAST HAMMER LANE -HOUSTON,TX 77027-3597 STOCKTON,CA 95210 P OM-QUAKER STATE COIPANY PENSKE TRUCK LEASING CO..L.P. PENNZOIL,PENNZOIL PRODUCTS COMPANY&MINIT RICHARD G.SAUT,ENV PROJECT MANAGER EHRMAN.'WHITE&MCAULIFFE P.O.BOX 563 RT 10 JOSEPH ARMAO.ESQUIRE READING,PA 19603-7635 333 BUSH STREET SAN FRANCISCO,CA 94104 PEPSI COLA BOTTLING CO PETERSON CATERPILLAR BOTTLING GROUP LLC FITZGERALD,ABBOT&BEARDSLEY LLP KATHY BONET.LEGAL ASSISTANT PAUL S.KIBM,ATTORNEY I PEPSI WAY 1221 BROADWAY;21ST FLOOR SOMERS,NY 10589 OAKLAND,CA 94612-1837 PLACER UNION HIGH SCHOOL DIST PORT OF OAKLAND GIRARD do VINSON WENDEL,ROSEN&BLACK DAVID GIRARD,ESQ&DEANNA MOUSER.ESQ CATHERINE W.JOHNSON,ESQUIRE 1676 N.CALIFORNIA BLVD;SUITE 450 1111 BROADWAY WALNUT CREEK,CA 945% 24TH FLOOR OAKLAND,CA 94607-4036 R M KING CO REDWOOD OIL MR KING,PRESIDENT ROBERT L BARBIERI,PRESIDENT 315 NALARKS AVENUE P.O.BOX 428 FRESNO,CA 93706 SANTA ROSA,CA 95402 RINEHARTS TRUCK STOP SACRAMENTO BEE TRUMP,ALIOTO.TRUMP&PRESCOTT MURPHY AUSTIN ADAMS SCHOMO ELD LLP DAVID HARRIS,ESQUIRE MICHAEL O,NEIE,ESQUIRE 2280 UNION STREET 1000 G STREET,3RD FLOOR SAN FRANCISCO,CA 94123 SACRAMENTO,CA 95812 SCANNAVINO TRUCKING SCHLAGE LOCK C 0 STEINHEIMER,RIGGIO,HAYDEL&MORDAUNT TIIELEN RED&PRIEST LLP SC OTT MALM,ATTORNEY AT LAW GREGORY P.O'HARA,ESQUIRE 400 EAST MAIN STREET 333 W.SAN CARLOS STREET;.I7TH FLOOR SUITE 600 SAN JOSE,CA 95110 STOCKT N,CA 95290.0600 SFPP LP SFUSD KINDER MORGAN ENERGY PARTNERS,L.P. RONA S,ANDLER,ESQUIRE MICHAEL S.SCHWERDFEGER,ESQUIRE CITY HALL ROOM 236 1100 TOWN&COUNTRY ROAD I DR CARLT ON B GOODLE'T PL ORANGE.CA 92868 SAN FRANCISCO,CA 94102 SHELDON OIL COMPANY SHELL OIL PRODUCTS COMPANY SHELDON LEASING CORP"(DSA) • REM MIA77ON MANAGER FAVORO.LAVEZZO,CARE=GILL&HEPPELL WILLIAM E.PLATT,III„ESQ GARY HEPPELL,ESQUIRB 910 LOUISIANA,SUM 1442 1300 TUOLUMNB HOUSTON,TX 77002 VALLEJO,CA 94390 SONOMA STATE UNIVERSITY SPEEDER LUBE•CASTRO VALLEY CRAIG DAWSON CHRIS TASTARD.MANAGER 1801 EAST COTATI AVENUE 3940 CASTRO VALLEY BLVD ROHNERT PARK.CA 94928 CASTRO VALLEY,CA 94546 SPEEDEE LUBE-DANVU LE SPEEDEE LUBE-EL SOBRANTE GENERAL MANAGED, BOB DOUGLAS,MANAGER 3600 CAMINO TASAJARA 3220 SAN PABLO DAM RD DANVILLE,CA 94506.4621 EL SOBRANTE,CA 94803 SPEEDEE LUBE-GnAOY SPEEDEE LUBE-M .BRAE BOB ACCARDO,MANAGER INAKI MENDEZONA,FRANCHISEE 7970 MONTEREY RD 390 EL CAMINO REAL GMROY,CA 93020 MILLBRAE,CA 94030 SPEEDEE LUBE-Mn PITHS SP'EEDEB LUBE-MODESTO TIM FORTIER,FRANCHISEE BRYAN&DONNA MILLSAP'S,FRANCHISEE 635 TRADE ZONE 1343 COFFEE RD MILPITAS,CA 95033 MODESTO,CA 95355 SPEEDEE LUBE-MORGAN HILL SPEEDEE LUBE-PLEASANTON JACK GETZ,MANAGER RYAN MALE,MANAGER 890 TENNANT STATION 44 MISSION DRIVE MORGAN HILL,CA 95037 PLEASAI,CA 94566 SPEEDEE LUBE-REDWOOD CITY SPEEDEE LUBE-SAN BRUNO. ALI GHABI,FRANCHISES MICHAEL&VALUMIE MAK,FRANCHISEE 550 VETERANS BLVD 801 EL CAMINO REAL REDWOOD CITY,.C.A 94063 SAN BRUNO,CA 94066.3008 SPEEDEE LUBE-TRACY SPEEDEE LUBE-VALLEJO GEORGE&ARE77 SKOULAS,FRANCHISE TIM C:ORBETT,FRANCHISEE 711 W GRANY'L.INP! 1675 TUOLUMNE ST TRACY.CA 95376 VAL.L =CA 94590 TARGET STORES INC U-HAUL CORP. EHRMAN,WHITE ak MC:AULIFFE AMERICO REAL ESTATE JOSEPH ARMAO,ESQUIRE VIC XY MARGARIriS 333 BUSH STREET 2721 NORTH CENTRAL AVE;SUITE 700 SAN FRANCISCO,CA 94104 PHOENIX,AZ 85004 ULTRAMAR INC UNITED PARCEL SERVICE,INC ULTRAMAR DIAMOND SHAMROCK CORPORATION ROBERT D.MOWREY CORPORATE COUNSEL ONE ATLANTIC CENTER 6000 N LOOP 1604 W 1201,W.PEACHTREE ST. SAN ANTONIO,TX 78249.1112 ATLANTA,GA 30309-3424 Y VEGAS OIL SERVICE VINTAGE PETROLEUM CRAIG HERZBE,RG BRUCE JOHNSON 2039 CIVIC CENTER 60 RIVER ROAD SUITE 181 RIO VISTA,CA 94571 NORTH LAS VEGAS,NV 89030 WAL-MART STORES,INC. WEST COAST DRAIN`-OIL SERVICE STINSON,MAG&FIZZELL NICK BARBIERI ELLEN GOLDMAN,ESQUIRE 2002 BRIS TLECONE CT 1201 WALNUT STREET,SUITE 2800 SANTA ROSA,CA 95403 KANSAS CITY,MO 64106 WESTERN AREA POWER WESTGATE CENTER NANCY WERDEL.ENVMONMENTAL MANAGER LUCKING&ASSOCIATES 114 PARKSHORE DANIEL.LUCKING&BERT RETTNER FOLSOM.CA 95630 998 VIA PALO ALTO AP'TOS.CA 95003 YOSEMITE CONCESSION SERVICES CORPORATION, YCS FACILITY SERVICES AM. VICKI MCMICHAEL P.O.BOX 578 YOSEMITE NATIONAL PARK,CA 95389 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX (.00 TO'HaMrthwr�0 w!tm Ft p Cail'etnft 9410541101 NOV 2 4 rc Via Federal Expess To Ad :See Attached List URGENT LEGAL MATTER Rs: CERCLA Order 98-12A pursuant to 42 U.S.C.Section 9606 (Amending UAO 98-12) PRG Panama Superfund Removal Site 13331 Highway 33 Panama,California Dear Sir or Madam: The United-States Environmental Protection Agency{"EPA")hereby issues the enclosed Amended Unilateral Administrative;Order 98-12A pursuant to Section 9606 of the Comprehensive Emruonme ntal R Co mp'earsstiosr and Liability Act CIA"),42 U.S.C.Section 9606,to pre vent or mitigate the imminent and steal ewndawngermert to human health,or welfare or ft environmet posed Eby the PRG Panama heility. The Amended Order requires that you take immediate action to prevent and contain any release or potential release ofhaaardous substances and Vials Dom the PRG Pattacrpon facility. This Order amends a previously issued EPA Unilateral Administrativrs Order(Doch*# 98-12)pursu"to which-&response action at the site is already in progress. This response action is being perfmned by a group ofRa Wondents to the Original Order,known as the Patterson Envuonmmtal Response Twat Me Truce. As a New Rawndent,you will be offered an opportunity to participate in the response,action as a mermbewr of the Trust„or.to malas a cash settlement with.the Trust in or w to fulfill your obligations under the Amended Ordwr. Please nota the fold important deadlines contained in the Amermdesd Order. The Effective Date of the Amended Order is November 30, 1999. A meeting will be held at 10AM on December 9, 1999 at EPA's Region 9 office in San Francisco for respondents to rause any, questions or concerns they may have about the Amaolsd Order and its applicability. By December 28, 1999 all New Reqwndeats to the Amended Order will be required to notify EPA of their intention to comply with the Amended Order. Details on each of these deadlines are contained within the.teat of the Amended Order. EXHIE11T If you have any technical questions regarding the Amended Order,please contact John Jaros at(415)744-2316 or Richard Marlyn at (415)744-2288. For any legal questions,please contact Jeanne Elias at(415)7441317. Sincerely, Keith Takata,Director. Superfund Division Enclosure:Amended Unilateral Administrative Order CERCLA 9112A 2r Attacbment 02" Add�2nal Ike f t ni t i an "Action Memorandum" shall mean the Action Memorandum concurred on by the State of California, issued by the United States Environmental Protection Agency on November 4, 1997. Y "Contractor" shall meati Respondents' contractor(s) and subcontractors contracted to perform the installation/ construction, and operation and maintenance activities relating to any of the specific response actions at the Site Respondents are required to perform. "Day" shall mean a calendar day unless expressly stated to be a working day. "Working day* shall mean a day other than a Saturday, Sunday, or federal holiday. Sn computing any period of time under this Amended Order, where the last day would fall on a Saturday, Sunday, or, federal hol i day, the peri od,shal2 run un ti l the close of business. of the next working day. xoperation and maintenance activities" shall inc2ude .future operation and maintenance of a22' structures built or installed to contain the arsenic contamination at the Site until such time as SPA approves the cessation of such activities. "Paragraph" shall mean a portion of this Amended Unilateral Order identified by an Arabic numeral. "Parties" shall mean the united States, and all those entities .identified as Respondents in Attachment 1 of this Amended order. #Seection-' sha22 mean a portion of this Amended Unilateral Order identified by a Roman numeral and including one or more paragraphs. 1 1 r UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 1N TNN MATTER OF: ) See List of Parties ) identified in Attachment 1 U..S. EPA Docket No. 9$-12 UX=TZR►L AMINISTRA77" ORDER FOR PERFORMANCE Proceeding Under Section 106(a) OF OVAL ACTION of the Comprehensive Environmental p Response, Co=pensation and Liability.) Act of 1980, 43 U.S.C: 8 9606(a) This Unilateral Administrative Order.. C"Order"). is issued on this date pursuant to the authority vested in the President of the United States by Section 106(a) of the Compsehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 59606(a) , as amended by the Superfund AmWrrsdmerxts and, Reauthorization, Act of 1986, Pub.. L. 99-499 ("CZRCIA-) . The President delegated this authority to thei Administrator•of the United States Environviental Protection Agency (*EPA* or 'Agency') by Executive Order 12880, January 23, 1987, 92 Feed. Rear.. 2923# and further delegated it to the Assistant Administrator for Solid Waste and Emrgency Response and the Regional Administrators by EPA Delegation Nos. 14-8-'A and 14-14-C. This authority has been 1 redelegated to the Director, Hazardous Waste Division, RPA, Region IX { "Director•) by Region IX Delegations 1290.41•and 1290.42. II. P�ATS'L9 so�m 1. This Order shall apply to and be binding upon all parties listed in Attachment 1 to this order (collectively `Respondents•) , and their agents, successors and assigns. No change in ownership or operational status will alter Respondents" obligations under this Order. Notwithstanding the terms of any contract or agreement, Respondents are responsible for *compliance with this Order and for ensuring that their mrployees, contractors, and agents comply with this Order. Respondents shall provide a copy of this Order to all contractors, subcontractors•, and consultants which are retained by Respondent W to perform the work required by this. Order, within five (5) 'days of retaining their services. , 2. Respondents may not convey any title, easement, or other -interest they may have, either individually or collectively, in any property comprising the Site, as the term . "Site' is defined below, without a provision permitting the continuous implementation of the provisions of this Order. Any Respondent wishing to transfer any title, easement, or other 2 interest it may have in any property comprising the Site shall provide a copy of this Order to any subsequent owner(s) or successor(s) before any ownership rights are transferred. Any such Respondent shall advise EPA six (6) months in advance of any anticipated transfer of interest. Z=W 3. Unless otherwise expressly provided herein, or in the Definitions in Attachment 2, terms used in this Order which are defined in CERCLA or in regulations promulgated under CEIMM shall have the meaning assigned to them in CMtC.L& or in such regulations. Whenever the terms listed below are used in this Order, or in the atta is hereto and incorporated hereunder, the following definitions shall apply: 'CES=* shall mean the Comprehensive Enviroxmsental Response, Compensation`, and Liability Act of 1980, as amended by the Superfund Amendments Reauthorization Act of 1986, 42 U.S.C. 6 9601 At Ste. 'thuilateralorders or 'orders shall. mean this Uai.lateral Administrative order, EPA docket nUmber 98-13, and all exhibits attached hereto. in the event of a conflict between this Unilateral Order and any exhibit,. this. Unilateral Order shall control. 'EPA' shall .mean the united States Environmental 3 ' Y 6 Proteiction Agency and any successor departments or agencies of the United States. •National Contingency Plan' or 'NCP" shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U.S.C. $ 96051Y codified at 40 C.F.R. Part 300. *Response actions' shall be those specific work items each Respondent is required to perform at the Site -pursuant to this Unilateral Order, as set forth. in Section VIII C. 'Re to shall mean those entities listed in Attachment 1 of this order, both individually and collectively. "State' shall *mean the *State of California, and all of its political subdivisions, including the California Department of Toxic Substances Control (•DISC') . 'United States• shall mean the United States of America. ZV. 4. a) The PRC Patterson site (the `Site,,) is located at .13331 North Highvray 33 in Patterson, Stanislaus County, California. The approximately 20-acre Site is surrounded primazily by agricultural land. The City of Patterson is located approximately 2 miles south of the Site. There are numerous 4 irrigation canals located in the immediate vicinity of the Site. Several of these canals drain into Del Puerto Creek, which flows within a mile of the ,Site. Del Puerto Creek flaws into the San Joaquin River. A Site map is attached as Attachment 3 . b) Facility operations were commenced in the early 1980':; by RaCycletran Oil Inc. , (`RCI") e a California corporation doing business as Refineries Services. RCI was ar recycler 'of waste oil and oily water. In 1989, Recyaletron Oil I=.., merged with Petroleum Recycling Corporation;, a California corporation. Shortly thereafter, a wholly separate California corporation, PRC Patterson (•PRC"') was formed. The Site operated continuously until scartims in 1997. c) On October 31, 1997 EPA received a verbal request •for assistance at the Site from DTSC. EPA, in conjunction with D 9C, conducted a preliminary. inspection of the facility on that date and made that following observations: The Site had been aba�adrasn+ed and general site conditions had begun to deteriorate. The facility was not secured and had been heavily vandalised.- Many. tanks and containers appeared to be unstable due to their age and deteriorating condition. Several of these tanks were leaking and one of the larger tanks reportedly had failed catastrophically in 9 the past. d) On, November. 18, 1997, following the receipt of a written request for assistance from DTTSC, EPA initiated an emergency response action to stabilize these unsafe and dangerous conditions which presented an endangerment to the public health, welfa.;.e, and environment. EPA provided round-the-clock Site security, upgraded the perimeter fence and berm, and pumped down the liquid level in several storage tanks which were either overflowing or on the verge of overflowing. s e)From December 1: through December 6, 1997, EPA conducted an assessment of the Site. Results of sampling and analyses conducted during this assessment are presented in the March 1998 report entitled "Enviropur/PRC Patterson Oil Recycling Facility Removal Assessment' prepared by Ecology and. Environment. The following is a brief inventory of items and materials currently stored onsite: 1) Numerous process tanks, storage tanks, pressure tanks, pumps, a water treatment system, filtration * equipment, heating, distillation and refining equipment, office trailers, laboratory trailers, and a,large warehouse. 6 ...................................................... ............................ The tanks and equipment contain varying amounts of oil, sludge, wastewater or mixtures of all three substances. Many of the tanks were observed to be leaking. Two of the large storage tanks had large holes in the roofs. 2) There are several large storage tanks on the facility which contain large volumes of liquid. These tanks, identified in Attachment 3, are referred to. Storage Tank S1, Storage Tank S2, Storage Tank S3, Storage Tank.S4 and Storage Tank SS. Excluding the S3 tank, which is bring` addressed in a separate order, the tanks contain a cumulative total of approximately 4 million gallons of waste crater, 125,000 gallons of waste oil and. 810,000 gallons of oily sludge. 33 There are also more than 1,100 drums present onsite. The maJority of these drums are labeled "drained used oil filters'. Upon inspection by EPA* these drums appear to contain drained used oil filters as labeled. 4) There are approximately 40 drums present onsite which contain chemical product. 5) Fourteen roll-off bins, labeled as hazardous waste dirt bins, are present onsite. 6) Two trailers used as onsite laboratories contain various chemicals apparently used for testing of incoming oil. 5. On April 10, 1998, EPA issued a unilateral Administrative Order to Chevron USA, requiring that Chevron clean up the S3 tank at the Site. Chevron has indicated that it intends to comply with the Order and is conducting the clean up. 6. Based on the large volumes of wasts oil, sludge and oily wastewater present at the Site, cleanup of the Site, will be costly and time consuming. SpA believes the cost of cleanup may exceed 5 million dollars. 7. The Respondents are persons or entities who have been identified as transporters or generators of waste oil, sludge or oily wastewater, in excess of 90,000 gallons, to the site between 1980 and 1997. S. The sampling conducted by EPA's contractor, of the 8 waste oil and oily wastewater in the S1, S2, S4, SS and P2 tanks confirmed the presence of Cadmium, Chromium, Copper, Lead, Mercury and Nickel. , 90 The materials stored on site contain hazardous substances. The threat of a release of these substances is exacerbated by the aging and dilapidated condition of the tanks, the lack of a roof on the S4 tank, several holes in the roof of the S1 tank, seasonal rains, the lack of regular or routine inspection and maintenance, and the fact that PRC Patterson Inc. , the site owner and operator has now aba:uoned the entire site. v. 10. The PRC Patterson Suparfund site is a .facility• as that term is defined is section 101(9) of CERCLK, 42 U.S.C. 9 9601(9) ; 11. The Respondents, as identified in Attachment 1 art each *persons* as that term is defined in Section 101($1) of Com, 42 U.S.C. 1 9601 (21) a 12. The Respondents, as generators and/or transporters to. the site of waste oil, oily wastewater or sludge which -coatained hazardous substances, are each. .liable parties" within the meaning of Section 107(a) , 42 U.S.C. 6907(a) , and are subject to 9 . f this Order under Section 106 (a) of CERCLA, 42- U.S.C. 59606(a) ; 13 . Cadmium, Chromium, Copper, Lead, Mercury and Nickel were detected in the waste oil, oily wastewater and sludge currently found at the Site, and each of these substances is a• •hazardous substance' as that terse is defined in Section 141(14) of CERCLA, 42 U:S.C. 5 9641(14) ; 14. The past, present or future migration of hazardous substances from the Site constitutes an imminent and substantial endangerment due to the actual or threatened *release* of hazardous substances, as the term •release" is defined in section 101(22) of CERCUL, 42 U.S.C. 5 9601(22) ; i VX. • Based on the Findings or Fact and the Conclusions *of Law, the Director of the Hazardous Waste Division, EPA Region ZZ, has made the following determinations: 15. That an actual or threatened. release of hazardous substances from- the the Site presents an iamixient and substantial endangerment to the public health or welfare or the environment. 16. That conditions existing at the Site constitute a threat to public health or welfare or the envirormmnt based,upon a consideration of the factors set forth in the NCP at 40 C.F.R. 9 300.415(b) , and that the actions required by this Order are necessary to protect the public health, welfare and the 10 environment. 17. The actions required by this Order, if properly performed, will be deemed consistent with the National Contingency Plan,, 40 C.F.R. Part 300 ('NCP') , and are appropriate to protect the public health or welfare or the wmironment. Vzz. NoTxi ! M STX" 18. Pursuant to. Section 106(a) of CERCM, 42 'O.S.C'. 99606(a) , EPA has notified the State of California of the issuance of this Order by providing the Dopar tmexent of Toxic Substances Control (D'I'SC) a copy of this Order. `X1,1 Vziz f Based on the Findings of Fact, Conclusions of Luer, and Determinations, EPA hereby orders Respondents to perform the -specific work set forth below under the direction.of Eft's on- Scene Coordinator, and to comply with all requirements of this Order: 19. All work required by this order shall be conducted in accordance frith: Cis the NCP; EPA Region 3X "Guide a for Preparing Quality Assurance Project Plans for Superfund Remedial Projects' (tM .Nov 1992) : any final amended or superseding versions. of such. documents provided by EPA; other applicable EPA guidance documents; and any-report, document or deliverable 11 prepared by EPA because Respondents fail to comply with this Order. 20. All plans, schedules, and other reports that require EPA's approval and are required to be submitted by the Respondents pursuant to this Order and shall, upon approval by EPA, be incorporated into and enforceable under this Order. 21. EPX will oversee' Respondents' activities as specified in Section 104 (a) (1) of CERCLA Section, 42 U.S.C. 69604(a) (1) . Respondents will support EPA's initiation and implementation of activities needed to carry out its oversight responsibilities. Respondents shall also cooperate and coordinate the performance of all work required to 'be performed under this Order with all other work being performed at the site, including work performed by EPA, the State, another Respondent, or any other party performing work at the site with the approval of EPA. 22. Respondents shall undertake all actions required by this Order in accordance with the'requirements of all applicable local, state, and .federal laws and regulations unless an exemption from such requirements. is specifically provided under CERCLA or unless the Respondents obtain a variance or exemption. from the appropriate governmental authority. 12 23 . All work performed by or on behalf of Respondents pursuant to this Order shall be performed by qualified individuals or contractors with expertise in hazardous waste site: investigation or remediation, unless agreed otherwise by EPA. Respondents shall, no later than august 28, 1998, notify EPA in writing of the name, title and qualifications of the individual(s) who will bee responsible for carrying out the terms of this Order, and the name(x) of any contractor(s) or subcontractor(s) . The qualifications of the persons, contractors, and subcontractors undertaking the work for Respondents shall be sweet to EPA review and approval.. 24. if EPA disapproves of any person's or contractor's technical or work"experience qualifications, EPA will notify the Respondents in-writing. Respondents shall, within five • (8) days of Respondents' receipt of 8PA's written notice, notify EPA of the identity and qualifications of the replacement.(s) Should EPA disapprove of the proposed replaceeseent(s) , Respondents shall be doomed to have failed to coxWly with then Order. 25. Respondents may propose to change the individual(s) , contractor(s) , or subcontractor(a) retained to direct and supervise the work required by this Order. if Respondents wish ` to propose such a change, the Respondents shall notify 8PA in 13 writing of the name, title, and qualifications of the proposed individual(s) , proposed contractor(s) , or proposed. subcontractor(a) , and such individual(s) , contractor(s) or subcontractors) shall be subject to approval by EPA in accordance with the terms of paragraphs 23 and 24 above. The naming of any replacement(x) by Respondents shall not extend any. deadlines required by this Order nor relieve the Respondents of any of their obligations to perform the work required by this Order. 26. Respondents will notify EPA of their respective field activities at least one week before initiating them so that EPA may adequately schedule *oversight tasks. 27. At least seven (7) days prior to commencing any work at the Site pursuant to this Order, RespondentM shall submit to LPA a certification that Respondents or their contractor(s) and subcontractor(s) have adequate insurance coverage or have indemnification for liabilities for injuries or damages to persons or property which may result from the activities to be conducted by or on behalf- of Respondents pursuant to this Order. Respondents shall ensure that such insurance or indemnification is maintained for the duration of performance of the work required by this Order. Respondents shall ensure that the United States is named as an additional named insured on any such 14 -.............................................. insurance policies. .C. bla k and Daliverablono. Z$. M= TO BE P, MEM a) Respondents are ordered to perform the Work and- make submittals and certifications as set forth below within the time schedules specified. All days specified below are consecutive calendar days from the Effective Date of this Order. Due dates falling on a Saturday, Sunday, or federal holiday will be automatically extended to the next business day. b) Commencing on the date set forth belo^et, monthly progress r.erports ("Progress Reports*) shall be submitted. That first such Progress Report shall be due by the fifteenth (15th) day * following the end of the first full calendar month after the Effective Date of this Order, and by the fifteenth (15th) day of every month thereafter. c) Within twenty-one (21) days after the Effective Date of the order, respondents shall submit a Sampling and Analysis Plan, Health and Safety Plan and Contingency Plan. At a minimram the Sampling and Analysis Plan shall include the following: 1) a detailed description of the methods to. be used to 15 i identify all tanks and drums on the Site (except Storage Tank S3) which contain liquid, sludge or solid material and to identify the volumes of such materials within each tank and drum. 2) a detailed. description of the sampling and analytical methods to be used to characterize the liquid, sludge or solid material for disposal purposes; d) Within seven (7) days after EPA approval of the Sampling and Analysis Plan, the Respondents shall initiate the work described under this plan. e) Within forty-five (4S) days after EPA approval of the Sampling and Analysis Plan, the Respondents shall submit a Tank and Drum, Removal Work Plan which, at a miniamm, shall include the followings 1) a plan for-removal of the contents of all storage tanks and drum, at the facility which are identified to contain liquid, sludge, or solid material. This shall not include Storage Tank S3, since this tank is being addressed by Chevron; but shall at a minimus► include Storage Tanks S1, S2, St, SS, the "P-Series" Tanks, and the approximately 1,100 drums of drained, used oil filters. 16 -........................... 2) a detailed description of the methods for removing liquid, sludge and- solid materials from the tanks and drums= 3) a detailed description of any treatment that will be perforated on the wants; 4) identification of any treatment, storage, disposal or recycling facility that will receive the waste; 9) identification of the methods of transport used to haul any waste offsite; 6) identification of any transporters used to haul any waste, offsite: 7) a detailed description of air monitoring to be performed during onsite activities; 8) a detailed description of actions to be taken to minimize air missions;' . 9) A plan for the decontamination 'and/or demolition of all the tanks containing liquid, sludge or solid materials. 17 10) A schedule for completion of all activities described in the Tank and Drum Removal Work Plan. f) Within seven (7) days after EPA approval of the Tank and Drum Removal Work Plan, Respondents shall initiate the work described in that plan. All activities described in: the Tank and Drum Removal Work Plan shall be completed within one hundred and twenty (120) days of EPA approval of the. Work Plan, unless an alternative schedule is agreed upon by EPA. g) All contractors, transporters and treatment, storage, disposal or recycling facilities used or proposed for use during ,. this action are subject to EPA approval. Respondents must demonstrate to EPA's satisfaction that the waste is or is not a Listed or Characteristic Hazardous Waste as defined in 40 C.F.R. Part 261. All subsequent handling, transport and disposal shall be conducted in accordance with this waste classification. . h) Respondents shall provide security for tho site co=nencing no later than August 28, 1998, unless a later date is agreed upon by EPA. i) Any noncompliance with the Work to be performed or the schedules set forth within this section shall be considered a violation of this Order. 18 29'. All documents, including technical reports, and other correspondence to be submitted by the Respondents pursuant to this Order, shall be sent by over-night mail to the following addressees or to such other addressees as EPA hereafter may designate in Meriting, and shall be deemed submitted on the date received by EPA. Respondents shall submit two (2) copies of each document to EPA, and two (2) copies to the DPSC. 30. EPA shall review; comment, and, approve or disapprove each plan, report, or other deliverable submitted by Respondents. All EPA coniments on I draft deliverables shall be' incorporated by the Respondents. EPA shall notify the Respocdento in writing of EPA's approval or disapiroval of a final deliverablerapt the event of any disapproval, SPA shall specify the reasons for such disapproval, EPA's required modifications, and a time frame for submission of the revised report, document, or deliverable. it the modified report, document or deliverable is again disapproved by EPA, SpA shall first notify the Respondents of its disapproval of the resubmitted report, document, or deliverable, and then may draft its own report, document- or deliverable and incorporate it as part of this Order, may seek penalties from the Respondents for failing to comply with this order, or may conduct the remaining work required by this Order. 31. For purposes of this order, EPA's authorized 19 representatives shall. include, but not be limited to, DTSc and any consultants and contractors hired by EPA to oversee activities required by this order. u. =rer oP THTLM TO eoMLY 32. Each individual Respondent shall, by no later than August 19, 1998, provide written notice to EPA of Respondent's irrevocable intent to comply with this Order. Failure to respond, or failure to agree to comply with this Order, shall be deemed a irefusal to coaply with this Order. �i 33. Respondents may, within three (3) clays of receipt of i this order, request a conference with the Chief of the Emergency Response Office in the Superfund Division, or whomever the Chief of the Emergency Response Office may designate. If requested, the conference- shall occur within three (3) days of the request, unless extended by .mutual agreement of the Parties, at EPA's Regional Office; 73 Hawthorne Street, San LFrancisco, California. 34. At any conference held pursuant to Respondents• request, tho Respondents may appear in person, or be represented by an attorney or other representative. If Respondents desire such .a conference, the -Respondents shall contact Jeanne 81ias, Assistant Regional Counsel, at � (413) 744-1317. 35. The purpose and scope of any such conference held 20 pursuant to this Order shall be limited to issues involving the implementation of the response actions .required by this Order and the extent to which Respondents intend to comply with this Order. if such a conference is held, the Respondents may present any evidence', arguments or comment regarding this Order. its applicability, any factual determinations upon which the Carder is based, the appropriateness of any action which the Respondents are ordered to take, or any other relevant and material -issue. Any such evidence, amts or comments should be reduced to writing and submitted to RPA within three (3) days following the conference. This- conference is not an evidentiary hearing, and does not constitute a pioceeding to challenge this Order. it does not give Respondent- a right to se+ek.roview, of this order, or to seek resolution of potential liability., and no official stenographic record of the conference will be made. if no conference is requested,, any such evidence., argusuents or conaents must, be subMA tted in writing within three (3) days following the Effective Mate of this Order. M' such writing should be directed to Jeanne Elias, Assistant Regional Counsel, Mail Stop ORCw-3, at the address cited above. 36. ts are hereby► placed on notice that ZPA will take any acti= which may bre necessary in the opinion of EPA for the protection of public health and welfare and the environment, 21 and Respondents may be liable under Section 107 (a) of CERCLrA, 42 U.S.C. Section 9607(a) , for the costs of those actions. ZY. 37. In the event of any► action or occurrence during the performance of the work which causes or threatens to cause a release of a hazardous substance or which may. present an immediate threat to public health or welfare or the environment, Respondents shall immediately take all appropriate action(s) to prevent, abate, .or minimize the threat, and shall immediately notify .EPA's primary On-Scene Coordinator (•OSC') ,. or, it the primary OSC is unavailable, EPA's altarnate OSC, as designated below in paragraph 41. ' If neither of these person is available, Respondents shall notify the EPA Emergency Response Unit, Region IX, phone number (413) 744-2000. Respondents shall take .such action(a) in consultation with EPA's OSC' and in accordance with all applicable provisions of this order, ' including but not limited to the Health and Safety Plan. 38. Nothing in the preceding paragraph shall be deemed to. limit any authority of the thzited States -to take, direct, or order all appropriate action to protect human health and the environment or to prevent, abate, or minimize an actual or threatened release of hazardous substances at or .from the site 22 zZt. MObaICUTgn or NUM Rama= 39. 2n the event of unanticipated or changed circumstances at the Site, Respondents shall notify the EPA OSC by telephone within twenty-four (24) hours of discovery of the unanticipated or changed circumstances: This verbal notification shall be followed by written: notification postmarked no later than three (3) days of discovery of the unanticipated or changed cir- cumstances. 40. The Director of the Superfund Division, EPA Region IX, may determine that in addition to tasks addressed heroin, additional work may be required to ,addzess the unanticipated or changed circumstances referred to in paragraph 39. Where consis- tent with Section 106tal of CERCLX, the Director of the Superfund Division, EFA Region IX, may direct, as an amendment to this Order,' that Respondents perform these response actions in addition to those required herein. Respondents shall implement the additional tasks which the Director of the Supeerfund Division, SPA Region =, *dentifies. , The, additional work shall be completed according to the standards, specifications, ' and schedules set forth by the Director of the Superfund Division, . EPA Region XX in any modifications- to this +Order, 23 XXXX. DZQTGM 9 PROSECT Magna 41. EPA designates Tom Dunkelman, an employee of Region XX of EPA, as its primary On-Scene Coordinator 00SC') and designated representative at the Site, who shall have the authorities, duties, and responsibilities vested in the OSC by the NCP. This includes, but is not limited to, the authority to halt, modify, conduct, or direct any tasks required by this Order or undertake any response actions for portions of the response action) when conditions at the Site present or may present a threat to public, health or welfare or the environment as set forth in the- NCP. Within fifteens (15) days of the Effective Date of this Order, Re .. spondeats shall designate a Project Coordinator who shall be responsible for overseeing Respondents' iaplementatioa of this Order. To the maxim== extent possible, all oral communications between Respondents and EPA concerning the activities performed pursuant to this Order shall be directed through EPA's OSC and Respondents' Project Coordinator. All documents, including progress and technical reports, approvals, and other correspondence concerning the activities performed pursuant to the terms and conditions of. this order, shall be delivered in accordance with Paragraphs,28-30 above. 43. EPA and Respondents may change their respective OSC and Project Coordinator. Notifications of such'& change shall be made 24 . ............................................. by notifying the other party in writing at least five {5) days prior to the change, except in the case of an emergency, in which case notification shall be made orally followed by written notification as soon as possible. 43. Consistent with the provisions of this Order, EPA designates John Faros as an alternate OSC, in the event Tom Dunkel.man is not present at the site or is otherwise unavailable. During such times, John Jaros shall have the authority vested in the tin-scene Coordinator ("OSC") by the NCP, its not forth in paragraph 41 above.. 44. The absence of the EPA OSC from the Site shall not be cause for the stoppage of work. Not.hinp 'int this Order shall limit the authority of the SPA OBC uutider federal law. 3=V• B 45. Respondents shall permit EPA and its authorised representatives to have access at all times to tho Site to monitor any activity conducted pursuant to this Order and to conduct such tests or investigations as EPA deems necessary. Nothing in this Order shall be deemed a limit upon SPA1.8 authority under federal law to gain access to the Site. 46. To the extent that Respondents require access to land other than land they own in carrying out the terms of this Order, Respondents shall, within fifteen (15) days .of the Effective Date 25 Of this Order, obtain access for EPA, its contractors, oversight Officials, or other authorized representatives; state oversight officials and state contractors; and Respondents or their authorized representatives. If Respondents fail to gain access within fifteen (15) days, they shall continue to use best efforts to-obtain access until access is granted. For purposes of this paragraph, "best efforts' includes but is not limited to, seeking Judicial assistance, providing :indemnification; and/or the . payment of money as consideration for access. If access is not Provided within the time referenced above,, EPA =y obtain access under Sections 104(e) or 106(a) Of CE'RCLA.' xv. • 47. Respondents shall reimburse EPA, upon written demand, for all response costs incurred by the United States in overseeing Respondents, imPlemientation of the requirements of this Order. EPA may submit to Respondents on a periodic basis a bill :for all response costs incurred by the United States with, respect to this Order. Respondents shall, within thirty (30) days of receipt of the bill, remit by Cashiers or certified Check for the amount of those costs made payable to the "Razasdous Substance Superfund, • to the following address: U.S. Ravi`onmental Protection Agency Region 9, Attn. : Superfund Accounting P.O. Boat 360863M Pittsburgh, PA 15251 26 Respondents shall send a cover letter with any check and the letter shall identify the PRC Patterson Site by name .and make reference to this Order. Respondents shall send simultaneously to the EPA OSC notification of any amount paid, including a photocopy of the check. 48. Interest at the rate established under section 107(a) of CERCLA shall begin to accrue on the unpaid balance from the day of the original demand notwithstanding any dispute or objection to any portion of the costs. X12. 49. . Any delay in performance of any requirement of this order that, in the EpA'i judgs►ent, is not properly justified by Respondents under the terms of this section shall be 'considered a violation of this Order. Any delay in performance of any requirement of this order shall not affect any other obligation of Respondents under the terms and conditions of this Order. 50. Re ts, as applicable, shall notify EPA of .any delay or anticipated delay in performing any requirement of this order. Such notification shall be made by telephone to EPA's primary OSC within twenty-four (24) hours after Respondents first know or should have known that a delay might occur. The Respondents shall adopt all reasonable measures to avoid or minimise any such delay. Within three (3) days after notifying 27 EPA by telephone, the Respondents shall provide written notification fully describing the nature of the delay, any justification for delay, any reason why the Respondents should not be held strictly accountable for failing to comply with any relevant requirements of this Order, the measures planned and taken to minimise the delay, and a schedule for implementing the measures that will be taken to mitigate the effect of the delay. Increased costs or expenses associated with implementation of the activities called for in this order, are not justifications for any delay in performance. 51. If Respondents are unable to perform any activity or submit any document within the time requiied under this Order, the Respondents may, prior to the expiration of the time, request an extension .of . time in writing. The extension request shall include a justification for the delay. The submission of an extension request shall not itself affect or extend the time to perform any of. Respondents obligations under this Order. 52. If EPA determines that good cause exists for an extension of time, it may grant a request made by Respondents pursuant to paragraph 51 above, and specify in writing to the Respondents. the new schedule for completion of the activity and/or submission of the document for which the extension was requested. 28 ... .............. XV11. MMM PRzzERy7z= 53 . Respondents shall maintain, during the pendency of this Order, and for a minim of five (5) years after EPA provides notice to Respondents that the work has been completed, a depository of the records and documents roWired to be prepared under this Orden. in addition, Respondents shall retain copies of the most recent version of all documents that relate to hazardous substances at the Site and that are in its possession or in the possession of its employees, agents, contractors,. or attorneys. After this five-year period, Respondents shall notify EPA at least thirty (30) days before the documents are scheduled to be destroyed. If EPA so rwauests, Respondents shall provider these documents to $PA. znxx. 54. EPA reserves the right to bring an action against Respondents under Section 107 of CERCLA, 41 Q.S.C. 99607, for recover of any response costs incurred by the Uhited States related to this Order and not reimbursed by Respondents, This reservation shall include but not be limited to past costs, direct costs, indirect costs, the costs of oversight, the costs• of compiling the cost documentation to support oversight costs, as well as accrued interest as provided in Section 107(a) of cRROLA, 41 U.S.C. 99607. 29 55. Notwithstanding any other provision of this Order, at any time during the response action, EPA may perform its own studies, complete the response action (or any portion of this response action) and seek reimbursement from Respondents for its costs; or seek any other appropriate relief. 56. Nothing in this Order shall preclude EPA from taking any additional enforcement action, including-.modification of this Order or issuance of additional Orders, or additional remedial or removal actions as EPA may deem necessary, or from requiring Respondents in -the future to perform additional activities pur- suant to CERCLA, 42 U.S.C. 59607(a) , at zff- , or any other ap- plicable lays. Re �' sponderits shall be liable under CE'RCLA Section 107(a) , 42 U;S.C. 59607(a) , for the costs of any such additional actions. 57.- Notwithstanding any provision of this Order, the United States hereby retains all of its information gathering, inspection and enforcement authorities and rights under CERCL& or any other applicable statutes or regulations. 58. Notwithstanding compliance with the terms of this Order, including the completion of an EPA-approved response actions, Respondents are not released from liability, if any, for any enforcement actions beyond the terms of this Order taken by EPA. .30 59. EPA reserves the right to take any enforcement action pursuant to CERCLA or azry other legal authority, including the right to seek injunctive relief, monetary penalties, 'reim- bursement of response costs, and punitive damages for any viola- tion of law or this Order. 60. EPA expressly reserves all rights and defenses that it may have, including the EPA's right both to disapprove of work performed by Respondents and to request the Respondents perform tasks in addition to those detailed in this order, as provided in Section-vnz C of this order. 61. This Order does not release Respondents, individually or collectively, fromt atiy claim, cause of action or demand in law or equity, including, but not limited to, any claim►, cause of action, or demand which lawfully may be asserted by representatives of the 'United States or the State of California. 62. No informal advice, guidance, suggestions, or comments by EPS► regarding reports, plans, specifications, schedules, and any other writing submitted by Respondents will be construed as relieving Respondents of their obligation to obtain. such formal approval as may be required by this Order. 63. If any .provision or authority of this order or the application of this order to any circumstance is ,held bya court 31 to be invalid, the application of such provision to other circumstances and the remainder of this Order* shall not be affected thereby, and the remainder of this Order shall remain in force. 64.- The United States, by issuance of this Order, assuaaa no liability for any injuries or damages to persons `or property resulting from acts or omissions by Respondents, or their employees, agents, successors, assigns, contractors, or consultants in carrying out any action or activity pursuant to this Order. Neither EPA nor the United States' shall be held as a. party to any contract mitered into by Respondents, or their employees, agents; successors, assigns, contractors, or consultants in carrying out any action or activity pursuant to this Order. 65. Respondents are advised pursuant to section 106(b) of CERCLA, 42 -U.S.C. Section 9606(b) , that willful violation .or subsequent failure or refusal to comply with this Order, or any portion thereof, may subject Respondents to a civil penalty of up to $25, 000 per day for each day in which such violation occurs, or such failure to comply continues. Failure to comply with this Order, or any portion thereof, without sufficient cause may also 32 subject Respondents to liability for punitive damages in an amount three times the amount of any cost incurred by. the government as a result of the failure of Respondents to take proper action, pursuant to Section 107(c) (3) of CERCLA, 42 U.S.C. Section 9607(c) (3) . =xz. ZEMCLtELJ= 66. This order is effective five (5) days after the date it is aligned. =X11. TrWrIMTON MW n=zMC=QK 67. The provisions of this order shall be deemed satisfied upon Respondents' receipt of written notice from EPA that Respondents have demonstrated, to the satisfaction of EPA, that all of the terms of this order, including any additional tasks which EPA has determined to be necessary, have bees completed. 33 X Unilateral Administrative Order 98-12 IT IS SO ORDERED; UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Ey: Date: Keith A. Takata, Director Superfunnd Division Region IX EPA Region IX Contact!: Tom Dunkelman On-Scene Coordinator {SVD-6) Hasardmx taste Management Division FPA, Region 9 75 Hawthorne Street San Francisco, CA 94105 (415') 744-2294 Jeanne ,Elias Assistant Rogional Counsel (ORC-3) Office of Regional Counsel EPA, Region 9 . 75 Hawthorne Street San Francisco, CA 94109 . (415) 744-1317 34 e Atta bMent 1 - List of Respondents Attac t 2 - Additional Definitions Attar t 3 - PRC Patterson site map 35 Attachment 1 PRP Generator List 1 1. Advanced Environmental 11. Cal Trans Atm: Jim Ennis Atm: Kathy Papalia 13579 Whittra in Avenue . 1120 N Street;Legal Fontana,CA 92335 Sacramento,CA 95814 2. Advance Petroleum Recycling 12. Chico Drain,Oil Service Attu:Joseph Havadi c/o Graeae,Chauvel,Desculso&Tully 9642 Aspen Hills Attu: Ronald C.Chanvel Sandy,UT 84092 941 Mariner`s Island Blvd.,Ste.400 Saar Mateo,CA 94024 3. Alameda Contra Costa Transit Attn: Kmineth Scheidig 13. Crane's Waste Oil 1600 Franklin Street,6th Floor Atm: Jana Crane Oakland,CA 94612 15412 Highway 178 Weldon,CA 93283 4. All Petroleum Amt: C.O.Triebel 14. Desert Mountain tail 405 14th Street;Suite 1000 c/o Avansino,Melarkey,&Knobel Oakland,CA 94612 Atm: Mark Knobel 165 West Lberty Street S. Allied Oil&Pumping Redo,NV 89501 Ann: Rex Shipman 1254 San Moritz 15. Dura Built Transmission San Jose,CA 95132 Attm: David Fireworker 9317 Greenback Lane 6. Allied Petroleum Orangevale,CA 95662 Colin Kelley 1217 South 7th Street 16. Federal Pacific Electric Co. Modesto,CA 95351 c/o North American Transformer Amr: Ana Javier 7. Alvino Independent Oil,Inc. 1200 Piper Drive Attn: Larry Evans MiHpitas,CA 95035 1110 Taylor Street Alviso,CA 95002 17. Gibson Environmental Ater: W P Vary Loben Sets 8. American Valley Environmental 12042 Davis Cup Court Atm:Bill Lemos,President Bakersfield,CA 94611 2930 Geer Road;Suite 233 Turlock,CA 95382 18. H&H Ship Service Company Attn: William Harm's 9. Arco Products Co. 37 La Salle Avenue Atm: John Meck Piedmont,CA 94611 333 South Hope Street;PAC 1631 Los Angeles,CA 90071 19. Hedrick Distributers Inc. c/o Bayside tail 10. Burlington Northern and Santa Fe Atm: Kim Glen c/o Banchero&Lasater 210 Encinal Street Attu: Jeffrey Banchero Santa Cruz,CA 95060 20 California ST,Suite 700 San Francisco,CA 94111 . f 20. Homestake Miniag 29. Nor Cal Oil c/o Mc Laughlin Mine c/o Herom,Crabtree,Pyer,Zolezzi,& Terpstra Atm: Allan Cox Atm. Karns E.Harrigfelt 650 California Street 2291 West Murch Lane,B100 San Francisco,CA 94108 Stockton, CA 95207 21. Huntway Refinery 30. Owens-Illinois Inc. Attn:. Juan Forster Atm: Robert Towles 25129 The Old Road,Ste.322 One.Seagate Newhall,CA 91381 Toledo,OH 43666 22. Kaiser Permanente 31. Pacific.Bell Attn: Hee Young Lee Atm: Elta Wilson One Kaiser Plaza 1010 Wilshire Boulevard;Room 1501 Oakland,CA 94612 Los Angeles,CA 90017 23. Laidlaw Environmental 32. Petro Lube C/o Safety Kken I Atm: Nathan Perry Atm: Mark C.Attaway 2151 South Avenue 1301 Gervais Street Corning,CA 96021 Columbia,SC 29201 33. Pinole Point Steel Company 24. Lassen Gold Mining,Inc. Atm: Greg O'Hara c/o Kinross Gold,Inc. 333 West San Carlos A= John Ivany San Jose,CA 95113 40 King St.West-Scotia Plaza,57th FL Toronto,Ontario M 5H3Y2 34. Primex Physics Intemational c/o Maxwell Technologies,Inc. 25. Marin Tug&Barge,Inc. Atm: Dean Charles Atte: Gary Winston 8888 Balboa Avenue 1316 Canal Blvd San Diego,CA 92123 Richmond,CA 94804 Transportation&Remediation 35. PSC Allwaste 26. Matson Navigation Atm: Dennis Carvalho Atte: Brad Mulholland 12475 Llagas Avenue 333 Market Street San Martin,CA 95046 San Francisco,CA 94105 36. Ramos Environmental Services 27. Mobil Oil Attn: Kyle Ramos c/o Beveridge&Diamond 1515 S River Road Atte: Penny Wising West Sacramento,CA 95691 3225 Gallo'w's Road;Room 6W803 37. Reed&Graham,Inc. Fairfax,VA 22037 Atm: Aldo Branch 28. National Steel&Ship Building 690 Sunol Street C/o NASSCO San Jose,CA 95126 Attn: R.A.Sackett PO Box 85278 38. Reno Drain Oil Service San Diego,CA 92186 Attn: Richard Channel 11970 I-80 East' Sparks,NV 89434 ..................................................................... 39. Sacuumula Waste 00 48. Union Oil C4n*W of Catiifornia a NOCAL.) AMC Albatt Henwadez Atm: Bob King 4504 Drmmbury Way 376 Saudi Vakacis Rod Sacnemmmo,CA 95842 Bma.CA 92621 40. 3afir-Weir Ch=kW Ca 49. Union iacift RsArowd C4upmy Amt» Stwo Lacbrwht Atm:Rom ByYmnm 664 Stoebou Ave .10031 Foat'hii s Bwd.,Soma 200 Sm Jam CA 95126 RosrdlK CA 93747 41. So*Cas VTA 50. Unkd Cam Campmy Amt: K Wa AEtmond Am Yvamm Cuda 3331 Nod►iat Stench,SWB.C 1643 W.V"al mda Driw San Jaq CA 93134 CA 92933 42. Setviaa Fam$ua* $1. WON on Raoowry SYSOMMI,lar- d*C:amliasmal Maritima hm Amtf AatlaW Faioom Amo: Loa Wiboa 6401 Leom Sttwt 1953 Beyfi omt Street Oskl"CA 94605 Sm DWI%CA 9197E $2. WaM Calot Morand 43. Skuoda Aum Gu mal Camd do CLayema 13nvko==W Cams h=u 2201 Cooprr Avmaw Atm: Milos Dudadam Mwm4 CA 95348 1252 Qaacry Lame C.A 94566 $3. Yyk ad"k 1ac. Atm: OAk Ma[ait 44. Sm Fr enoiaoo Dry Dock 1020 44th Avo do S096wed Maxim OakWs4 CA 94601 Amm Saador Hnlvtoo 2205 EM Bok Sadat Sao Disp,CA 52113 45. Tmk Taft Sotvkw c%Clnrvam Usk&W&My#*A Mirogma Am DaM Ck Kaipmr 1261 Tawk BaWwnrd Faitf K CA 54532 46. Team%Imm. Aum CloW m A.Trod 10UW a WCkyPbmgRom1333 UairwW City,CoA 516M 47. Tient iii CaampmW Atm. Ricimd Gordon 2737 Went C Warr Sean*WA 5#159 ' Addi _#er±a_1 7"Swf�r�3 .;ClTif� ' "Action Memorandum, shall mean the Action Memorandum concurred on by the State of California, Issued by the M21ted States 8bvironmerntal. Protection Agency on November 4, 1997. •Contractor• shalt mean Resp ndants' contractor(s) and subcontractors contracted to perform the installation/ construction, and operation and maintenance activities relating to any of the specific response actions at the Site Respondents are required to Perform. ;pay' shall mean a calendar day unless agpressly. stated to be a working day. "Working day' shall mean a day other than a Saturday, Sunday, or federal holiday. In. c=Wt ting'an4Y period of time under this order, where- the last day would fall on s Saturday, Sunday, or federal holiday, the period shall runt until the close of businesair of the next working day. •operat:ion and Maintenance activities- shall include future operation and maintenance of all structures built or installed to contain the arsenic contamination at the Site until such time as EPA approves the cessations of such activities. •Paragraph" shall mean a portion of this Unilateral order identifiod by an Arabic numeral. *Parties' shall mean the United States, and all those entities identified as Respondents in Attachment 1 of this order. •Section• shall mean a portion of this unilateral Order .identified by a Romans numeral and including one. or mare ,/"__egrapits. 1 Le L \ �t • Ir life a p� loo \ 1 U U Ca : U U U C to to Cry us W rn zn cn cn U Od w w w w w w w w w w w F r F r F F r r i F r r z z z z z z z z z z z h r F r rr r h F s z z z z z z z z z z z LU z z z z z z z z z fz 0 a o © o o 0 o 0 a U Z z z z z z z z z z z F'o C 4 trCy�,� N co N N Cl�yy N N N N "•~w � Ctrl tV N N N N SV N N N N � vot i L z z z z z z z z z z z v w 9c� o o c a o o 0 o J a J a_! q J 0 0 U 0 0 � y m C N m m C ra n r ti ui w n uj w w w w w w w w w w w U U U U U U U U U U U i- r h r F r t- r r r z z z z Z z z , z z o 0 U 4U U U U U U U U U U ++ F r F r r r r r r h r z z z z z z z z z z z 0 0 0 O 10 U 0 0 U 0 O m w w{i w wC w LZLJ wCi w ui w wC p z z z z z z z z z z z Ur OF Ur tar Ur Uh C.7r OF OF OF Ur uMi v m N o cel C .' mm ami °D , C>:4 clj c� LO co cl) m r � iQ 0 O V1 � G Q 7 S.l Z p � Z co 2 1 � c+s N � d .. Y c� , Cj y S v 4Y> h N b Its , EXHIBIT E Explanation of How the Dollar Amount was Computed.- To omputed:To date, the Trust has committed Seven Million Two Hundred Fifty Thousand Dollars ($7,250,000) for the Site's cleanup and anticipates future costs to be approximately Two Million Two Hundred Fifty Thousand Dollars ($2,250,000). The Trust retained Clayton Group Services ("Clayton") to perform the removal activities under the EPA's supervision. Working through Clayton, the Trust, has completed an inventory, sampling, and analysis of all tanks and containers on Site; submitted a Tank and Drum Removal Workplan; overpacked and removed approximately 25 drums; removed and disposed of 106 drums of oil and waste processing chemicals; removed and recycled approximately 1,100 drums of used oil filters, removed and recycled approximately 250,000 gallons of waste oil;brought in emergency storage tanks; and implemented a Community Relations Plan. The Trust also has removed for off-site treatment and disposal approximately 4,000,000 gallons of wastewater from the aboveground storage tanks at the Site. Following the removal of this wastewater, the EPA Orders require the removal and disposal of any sludge remaining in these tanks,followed by the appropriate decontamination and/or demolition of all the tanks. In addition to the work described above, the Trust has incurred costs relating to Site security, Site maintenance, attorneys' fees in responding to the EPA Orders, and identification of other potentially responsible parties. tY313065,i I CKEn AT Top OF ENVELOPE 1 011)AT DOTTED LINE $------------------------ ..rA Inje .0000 9040 156CA Contra Costa Transit,Clerk of the Board of Supervisors )an Stale St.,Rm. 106 z,CA 94553 fa _ r h � 3 { ',f I CIAO 1BOAM OF SUPERVISORS OR OF COIITTRA COSTS COUNTY, CALMENIA BWO ACT1011t APRM' ' 10, 2000 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section refererc"" � � The notice of of this the action taken onlled to your claim by the California Goverment Codes. 3 Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and C-O-,NTY COUNSEL 815.4. Please note all "Warnings". MARTINEZ CALIF. AMOUNT: $300,000.00" compensatory damages; CLAIMANT: $250,000.00 ' exemplary damages Gustavo Rodriguez ATTORNEY: c/o Arlo H. Smith, #96971 DATE RECEIVED: March 20, 2000 ADDRESS: 66 San Fernando Way BY DELIVERY TO CLERIC ON: MarrYh 2n 2oon San Francisco Ca 94127 BY MAIL POSTMARKED: HAnci-I`1a1-imrad L FROft Clerk of the Board of Supervisors M. County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR. Cler Dated: March 20, 2000 By: Deputy, �-- EL FROM County Counsel TO: Clerk of the Board of Supervisors ( ,, is claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: - 6 o C) By: "kDeputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). 1Y. BOARD ORDS L By unanimous vote of the Supervisors present: (*A This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated- d,000 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. cede section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so hmediately. *Fdr Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant,addressed to the claimant as shown above. ,' Dated: �� 1 � By: PHIL BATCHELOR By Deputy Clerk CC -County Counsel County Administrator f ARLO fl. SMv1TTH#96971 66 Sari Fernando Wa, San Finaciwo,CA 92127 (415}681-'9572 Attorney for Claimant Gustavo Rodriguez RECEIVE Contra Costar Burd of Suparvisors MAR 2 0 2000 CLERK BOARD OF$UPLRVIS{1RS Gustavo Rodriguez, NO. CORA CpSfiA CO. Plaintiff CLAIM FOR DAMAGES VS. FOR fMPFt,OPI;R.SHERIFF'S SALE Contra Costa.CA)'unty.Sheriff Warren Rupf, Sergeant James A Reef,Clerical Saperrrisor Neva Bemett,and Toes 1-100, Defendants plaintiff Gustavo Ro&Wu(hereafter"plaintiff")hereby alleges as a claim against Contra Costa County,Sherif Wanen Rupf,Scigoaut 7am*3 A Rccf,Clerical Supervisor Nova Bennett,and Does 1-100(collez6vely"defendarns",)follows: GENERAL ALLEGATIONS 1. Plaintiff is ignorant of the true names and copcities of Dc(endaro IDES 1.-100, inclusive,and thareforc sue those defendants by such fictitimis names. Plaintiff will amend this cross-complaint to allege their true names and cavities when. asmrtariined. 2. Plaintii Fr is in£urmed smd believes W thereupon allogn that at all tunes herein mentioned defoodants,and cash of them,were the acts of each of their co- 4cfendards,and in doing the Wings herein montio acd,e h was acting within the scop of his or her oathority as such agent and with the M.rmyt;gion and consent of such co- deferndant,and is each of them, e'4 3. Defendant DOES 1.-100 iuclusivc are the fictitious names of defen.dattts whose true capacities,whether individuals.corporations,partnerships,joint ventures and/or associates. Whenever and wherever in this cross-complaint any defendant or defendants arc tlrc subject of y1>a*ng allegations by plaintiff,said DOES are also responsible in some manner for the events and happenings.and it shall be as if Said defendant DOES 1-100 inclusive were the subject of the charging allegations by plaintiff. 4, pla mt►tt,moorpomtes each of the foregoing alle pt ons into the following causes of action. FMST CAUSE OF ACJCI N (intentional improper Sale) On or about July 11, 1995,Horacio Gutierrez,Ofelia Gutierrez, 1 lan y Thompson,and Arnim Thompson(horcaafter collectively"Tbompson/Gutiera eel obtained.a judgment From the United States Bankruptcy Court,Northern Odifomiax,94- 4695 AT auonst plaintiff. 6. On SvpLcmbrr 21, 1999 deruradaaO caused plasintifrs intcrest in certain real propanty mrmmnnly known etc 3113 Vail Vistg R&,Walnut Creek,CA.C-the property")to be sold at at Sheriffs sate conducted on behalf of Thompson/Gutierrez: and title tra;n.sfcrrcd to Thvrnpson/Gutic=z put-suant to Ievy purportedly on the judgment of the ban uptcy court refem=ed in paragraph 5. The eaforernentionud sale,was irregular,and invalid for nutncrous legal reasons including the followitW. a. The judgment levied upon was a judgme nt of the banknxptcy court,not the ralifornita atsata cotarN. The Caxlifnrniaa state courm and C Alifarnist,e heriff.h tharefrrm lack the jurisdiction to enforce such judgments by execution upon the bamkTuptey court judgment. Rathcsr the atopy to excuum upon a judg=nt of dw t.,,duupWy tsuwt euust tm 2 .,,Id, ca ed out by the bankruptcy court and the U.S. Msimhall, unless an action is brought in the California state courts to make the judgment a California State Court judgment. Defendants,however, peMitted'rlwuipbuctl< uUcrrcz to execute on said judgemant merely by using at writ of execution issued by the b€+nkniptny court,and brining proceedinp concerning plaintiffs homestead exemption conducted in the Contra Costa County Superior Court„rather than the bankruptcy court. The Contra Costa,Sheriff and Contra Costa County Superior CouO at all times lacked jurisdiction to take Mich steps to enforce the judgment of the bankruptcy court,and to order or conduct any sale of plaintiffs` property pursuant to writ of execution from the bankruptcy court,without a California state court action being first brought on the judgment, b, The Contra Costa County Superior Court found that plaintiff was entitled to a homestead exemption of$50,000 and that a deed of trust in the amount of approximately$155,000 was required to be satisfied when the property was sold tory the Sheriff. California COP grciion 704 $00(a)forbids any We of a property subject to a homestead exemption except for a bid"tip+exceeds the amount of the homestead exemption plus any additional amount liccesaary to satisfy all liens and onoumbtttmes on the property." California CACP Section 701.590(6)prohibits s judgment creditor from making a credit bid,and requites payment"in cash or by certified check or casbier's check"'of"the amount of. . . exempt process,and any oftr claim that is mqu trod by statute to be satisfied." Despite this prohibition on credit bide for the amount of the homestead exemption and lions required by law to be paid at the stile,defendants improperly perrmitted'l.'bottmpsoiVUutierrer to make a credit bid in the amount of $205,000,whioh was the amount of plaintiff a homestead exemption and the first deed of trust required to be satisfied at the sale. C, The Sheriff's stile was improperly noticed. The sale date ww set for September 21. 1999 on September 20, 1999,and was not announced fnr that date at any prior We date,not were potential bidders given the minimum 20 days notice by posting s and publication required,by law. d. The sale was improperly conducted by defendants. Specifically,a third ley who wished to bid on the property and had a cashier's cheok to support her bid, virm barred from making a casts bid at the:male.However.Thompson/Gutie=were permitted to make a credit bid without being present at the sale either personally or by C. The amount credit bid by Thompson/Gutierrez was less than 90%of the fair market value of the property as determined by the Contra Coate County Superior Court. Despite:this fact,de:findatits i&sue d a deg to Thnmps0n4riltie:rre7,withn'zt requiring court confirmation of the sale upon motion of the judgment creditor purwMt to CCP Section 704,800(b). 7. ,els a direct and proximate result of the acts and omissions of defendants alloyed bcre.it4 pla.intilThas suirered getteud dwnauges in roti amouett according to proof, but not less boon$250,000,and special damages in they amount of his homestead exemption of at least$50,000. S. Plaintiff alleges upon information and belief,that the acts of Defendants alleged herein were wilful.wanton,malicious and oppressive,and were undertaken with the intention of injuring;Plaintiff,or with conscious disregard for Plaintifrs rights, tltoxrobY justifying an award ofexomplary and punitive=damnges in a sum according to proof,but not less than$250,000. SECOND CAUSE OF ACTION (NEGLIGENCE) 11. PWntifk`iucorporates by reference all allegutions of paragraphs 7,6 and 7 as if set forth in full. 11 in acting ati described hetein: a. The defendants engaged in negligent conduct. 4 b. '11w plaintiff suffered serious emotional distress as wall ab financial loss. U. The dc&-ndatnts,negligent conduct was at cause of the serious emotional distress and financial lees. WHEREFORE, Plaintiff makes ar claim as follows: I. For compensatory diunage+s in a sum according to proof,but within the jurisdiotion of the superior court,and for an anwunt of ut least$300,000.00 2. For exemplary damages in a sum according to proof; but within the jurisdiction of the superior court,and for an amount of at least S254,O00M Ali notices regarding this claim are to be sent to tho undcraigned at the address indicated in the caption. .BATED: 3/1$12004 ARLO H. SMITH Attorney for Gimavo Rodriguez. PROOF OF SERVICE I,the undesisned declare, under porialty ofperlury wido-r the laws of Califorrda:i atm over 18 and not a party to this action. On the elate indicated below,I gyred it true and correct copy of the attached dacwnerit on each of the following by mailing some to the following: Clerk,Board of Supervisors,651 .Pine Street RM 108 A.hUrOntz.CA 94553 DATRD, 3/19/2000 5 CLAIM "' t i BOAR>n OF . IPERVISO M OF COMA COSTA CO NTYf_C'Ai TF'(IMLA emp ACT1APRIL 18-, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. - I 1.1 notice of the action taken an your claim by the r, Board of Supervisors. (Paragraph IV belowl, given pursuant to Government Code Section 913 and " 915.4. Please rote all "Warnings". o- ars. AMOUNT: Jurisdiction of Superior Court�l" f 3 i z CALIF. CLAIMANT: Melinda S. Wheat ATTORNEY: DATE RECEIVED: March 20, 2000 ADDRESS: c/o Paul L. Beeman BY DELIVERY TO CLERK ON: March 20, 2000 BEEMAN & BEEMAN HAND-DELIVERED The Beeman Building BY MAIL POSTMARKED. 237 Georgia Mall. South Va110 CA 94590 L FRONS Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATPKLO& Clerk_ Dated: _ March 20, 2000 By: Deputy 911 R. FROM County Counsel TO: Clerk of the Board of Supervisors { is claire complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: r Dated: - c ( By: ' Deputy County Counsel 13L FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:j PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF bL41MG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: j `, By: PHIL BATCHELOR By 9T�� Deputy Clerk CC; County Counsel County Administrator f d J ,GsT 1 PAUL L. BEEMAN 2 STATE BAR NO. 056531 BEEMAN & BEEMAN 3 The Beeman Building 237 Georgia Mall South 4 Vallejo, California 54590 5 Telephone : (707) 552-7500 RECEIVED 6 Attorneys for Claimant MELINDA S . WHEAT MAR Z 0 ZOOQ 7 CL R 0AR0OFSUPERVISORS CONTRA COSTA CO. 8 9 10 11 Claim of MELINDA S . WHEAT ) CLAIM VS . ) 12 ) COUNTY OF CONTRA COSTA, CONTRA ) 13 COSTA COUNTY ANIMAL SERVICES } DEPARTMENT, MARTINEZ ANIMAL ) 14 SHELTER, and DOES 1 to 10 . ) 15 ) w 16 TO: CLERK OF THE BOARD OF SUPERVISORS 17 COUNTY OF CONTRA COSTA 651 Pine Street 18 Martinez, California 94553 19 20 1 . Claimant' s name and post office address are as 21 follows : MELINDA S . WHEAT, 43 Bishop Road, Crockett, 22 California 94525 . 23 2 . Notices are to be sent to the following address : 24 PAUL L. BEEMAN, BEEMAN & BEEMAN, 237 Georgia Mall South, 25 Vallejo, California 94590 . 26 3 . The date, place and other circumstances of the 27 occurrence or transaction that gave rise to this claim are as follows : 28 1 1 On or about September 20 to 25, 1999, claimant 2 MELINDA S . WHEAT visited the MARTINEZ ANIMAL SHELTER located in 3 Martinez, California. 4 Claimant is informed and believes and upon such 5 information and belief thereon alleges that at all times herein 6 mentioned, the MARTINEZ ANIMAL SHELTER was under the 7 jurisdiction, control and operation of the defendants COUNTY OF 8 CONTRA COSTA and the CONTRA COSTA COUNTY ANIMAL SERVICES 9 DEPARTMENT. 10 Claimant is informed and believes and upon such 11 information and belief thereon alleges that at all times herein i2 mentioned, DOES 1 to 10, were and are employees of the 13 defendants COUNTY OF CONTRA COSTA, CONTRA COSTA COUNTY ANIMAL 14 SERVICES DEPARTMENT, and MARTINEZ ANIMAL SHELTER. 15 Claimant is informed and believes and upon such 16 information and belief thereon alleges that on or about 17 September 20, 1999, defendants above named, and each of them, 18 picked up and placed nine (9) potentially rabid dogs at their 19 MARTINEZ ANIMAL SHELTER. Prior to being tested for rabies and 20 contrary to County policy, these dogs were negligently and 21 carelessly placed in the general population public viewing area 22 of the animal shelter where members of the general public, 23 including the claimant herein, were permitted to come into 24 contact with said dogs . 25 Claimant is informed and believes and upon such 26 information and belief thereon alleges that defendants above 27 named, and each of them, negligently and carelessly failed at 28 all times herein mentioned to follow proper procedures, 2 1 policies and protocol for the containment and testing of the 2 potentially rabid dogs; negligently and carelessly failed to 3 label, tag, or otherwise identify said dogs as an animal upon 4 which rabies testing was to be performed; negligently and 5 carelessly failed to adequately label, tag, or otherwise 6 identify said dogs so as to ensure such identification; 7 . negligently and carelessly failed to ensure the testing of said 8 dogs for rabies prior to their release and/or destruction and 9 disposal of their bodies; negligently and carelessly failed to 10 follow proper follow-up procedures to determine whether said 11 testing had been performed and to determine the results 12 thereof; and negligently and carelessly delayed in contacting 13 or otherwise informing the persons who visited the MARTINEZ 14 ANIMAL SHELTER on September 20 to 25, 1999, including the 15 claimant herein, of possible rabies exposure. 16 As a direct result thereof, claimant MELINDA S . "WHEAT 17 did come into contact with and touched one or more of said dogs 18 while she was at the MARTINEZ ANIMAL SHELTER between 19 September 20 to 25, 1999 . 20 Claimant is informed and believes and upon such 21 information and belief thereon alleges that in or about mid- 22 October 1999, defendants herein confirmed that at least one of 23 the nine dogs did, in fact, have rabies . 24 Claimant is informed and believes and upon such 25 information and belief thereon alleges that at all times herein 26 mentioned, defendants COUNTY OF CONTRA COSTA, CONTRA COSTA 27 COUNTY ANIMAL SERVICES DEPARTMENT, MARTINEZ ANIMAL SHELTER and 28 DOES 1 to 10, negligently and carelessly maintained, managed, 3 1 supervised, and operated said MARTINEZ ANIMAL SHELTER, and 2 negligently and carelessly acted without due care and concern 3 for the life, safety, and rights of claimant herein, thereby 4 resulting in the herein described injuries and damages to 5 claimant . 6 4 . A general description of- the injuries and damages 7 incurred so far as it is known are as follows . 8 As a direct result of the negligence and carelessness 9 of the defendants above named, and each of them, claimant was 10 required to and did undergo a series of painful rabies 11 injections, and suffered the hereinafter described injuries and 12 damages . 13 Claimant MELINDA S . WHEAT was injured in her health, 14 strength and activity, sustaining injury to her body and shock 15 and injury to her nervous systems and person, all of which 16 injuries have caused, and continue to cause, claimant great 17 mental, physical and nervous pain and suffering. Claimant is 18 informed and believes, and upon such information and belief, 19 thereon alleges that these injuries may result in some 20 permanent disability. 21 As a result of said injuries, claimant was required 22 to and did incur certain expenditures and obligations for 23 medical care and attention and related products and services 24 thereto. The cost of such medical care and attention is 25 presently unknown to claimant . 26 Further, claimant was prevented from attending to her 27 usual occupation, or any occupation, for a period of time. The 28 amount of claimed wage loss is presently unknown to claimant . 4 1 5 . The names of the public employees causing injury 2 as now known are COUNTY OF CONTRA COSTA, CONTRA COSTA COUNTY 3 ANIMAL SERVICES DEPARTMENT, MARTINEZ ANIMAL SHELTER, and their 4 respective agents, servants, and employees, and DOES 1 through 5 10, inclusive . 6 6 . The amount claimed at the date of presentation of 7 this claim is within the jurisdictional limits of the Superior 8 Court of the State, of California. 9 I, the undersigned, am the person presenting this 10 claim on behalf of the claimant MELINDA S . WHEAT. 11 DATED: - 0- 12 12 BEEMAN & BEE 13 14 BY. 15 PAUL L. BEEMAN Attorney for Claimant 16 17 18 19 20 21 22 23 24 25 26 27 28 5 CLAMM BOARD OF SIRER'4MOR.S OF CUMA COSTA MUM,`TY,_- _ i E MA Bt}ARD ACT1tlllt APRIL 18, 2{100 Claim;Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT Md Board Actionn, All Fraction references are to } The copy of this document mailed to you is your California Government Codes. —. notice of the ection taken on your daim by the Board of Sdpervisors. (Paragraph IV belovrl, given pursuant to Government Code Section 913 and J ; ' 915.4. Phase note ail `Warnings". :.UN1SEL AMOUNT: $3,000.00 MAR E`N:EZ CALIF. Cl-41MANT: HERBERT WILLIAMS, JR. ATTORNEY: DATE RECEIVED: March 20, 2000 ADDRESS: 7826 Shevlin Place BY DELTVERY TO CLERK ON: March 20, 2000 El Cerrito CA 94530 BY MAILPOSTMARKED: By Transmittal L FROM: Clerk of the Board of Supervisors 70 County Counsel Attached is a copy of the above-noted claim. Dated: March 20, 2000 PHIL B R. Clerk $y: Dep '., .. L ,-- D. FRAhL County Counsel TO: Clerk of the Board of Supero ors ( is claim complies substantially with Sections 910 and 910.2. { This claim FAILS to comply substantially with Sections 910 and 910.2, and we are to notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on mound that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { } Other: - Dated• Deputy Courcy Counsel El pR014Clerk of the Board in County Counsel (1) County Administrator (2) ( ) Claim was retorted as untimely with notice to claimant (Section 911.3). BOARD ORDEP.- By unanimous vote of the Supervisors present: 'ibis Claim is rejected in full. Other. I certify that this is a true and corn+ect copy of the Bouts Order entered in its minutes for this date. Dated4LUd L /Z o'b� PHIL BATCHELO . Clerk, By Lv�- 1.Q ,�-- Deputy Clerk Ll WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney. you should do to immediately. *For Additional Warning Ste Reverse Side of This Notice. AFFIDAVIT OF m4n.10 D declare under penalty of perjury that 1 am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today 1 deposited in the United States Postal Service in Martinez, California, postage full-, prepaid a certified copy of this Board Order and Notice to Claimant. addressed to the claimant as shown above. Dated: � �' l By: PHIL BATCHELOR By puty Clerk =IRON yMOFFOR6 �t`r R 2110 ✓`�-` "laim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY A r INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. {Govt. Code§911.2.} B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity; E. Fraud. See penalty for fraudulent claims, Penal Code Sec,72 at the end of this form. RE: Claim by } Reserved for Clerk's Filing Stamp ffO3311401:0) 1NO3FCS1j0v g VJT* Against the County of Contra Costa or tj {Fill in Name} - The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of M and in support of this claim represents as follows: L When did the damage or injury occur? (Give exact late and Hour) 2. Where did the damage or injury ccur? (Include rutty and County) _ '_W4_ _ 3. How did the damage or injury occur? (Give Hill details;use extra,paper if required) / 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? ," ENCLOSURE (l) 5. Public Works Department? 6. 1. Injuries to Rib Cage Area. 2. See cover letter enclosed. 3. Further information can be obtained from Lenox Hill Hospital in New York. See Financial Agreement item #1. 7. 1. Pain and Suffering. 2. Cancelled reservations and activities that I was unable to attend. 3. See medical statements enclosed. 8. 1. Bay Porter Express Airport Shuttle Service Driver#1114. 2. Mr. & Mrs. Kent, 279 Berkeley Parkway, Kensington, CA. 3. Third party known by Mr. & Mrs. Kent. 4. Dr. Scott Kalish, Lenox Hill Hospital, 100 East 77th St., New York, N.Y. 10021. 9. DATE ITEM AMOUNT 11-12-99 Trip to Washington D.C. PRICELESS— I loss 11-17-99 Broadway Show the opportunity to 11-18-99 Broadway Show to spend quality time 11-21-99 Trip to Atlantic City, N.J. with my daughters. My medical provider paid for my Emergency Hospital Bills. March 14, 2000 County Administrator Risk Management Division 2530 Arnold Drive, Suite 140 Martinez, CA 94553 TO WHOM IT MAY CONCERN: At approximately 5:15 a.m. on November 8, 1999, a Bay Porter Express Van # 190 driven by driver#1114 arrived at my house at 7826 Sheviin Place, EI Cerrito, California. i was the first passenger being picked up going to San Francisco International Airport. This was the start of a one-month vacation in New York and Chicago for me. The driver placed my luggage in the rear of the Van and we proceeded to the next scheduled pickup. At approximately 5:25 a.m. we stopped in front of 279 Berkeley Parkway in Kensington. It was dark when I looked outside but i could make out two older ladies and an old man. Immediately, I decided to move up to the front seat so that it would be easier for them to enter and exit. I was setting adjacent to the sliding door in the middle of the Van. I opened it, stood up sideways and put my right foot out to standup. Once my foot touched the surface it keep sliding downward and I fell forward landing on my left side. I was not aware of the fact that there was a drainage ditch or embankment next to the curb, which extended the entire block and even beyond. The driver and the persons present all saw and heard the impact of my fall. On November 10, 1999, 1 went to the Emergency Room at Lenox Hill Hospital, located at 100 East 77th Street, New York, NY 10021. The Doctor examined my left rib cage area, took X-Rays and prescribed pain medication. The severe swelling and pain in my rib cage area caused by the fall contributed to the worst vacation that I have ever had. I had planned and saved all year to have a wonderful vacation visiting my two daughters on the East Coast. I was in such severe pain; I could not do simple things that you take for granted such as, blow my noise, laugh or even bend over. I needed help putting on my clothes and shoes. I also had trouble sleeping. I had to cancel various reservations and activities that I was physically unable to attend. All this because when I stepped out of the Bay Porter Van in Kensington, instead of stepping down to a level street, 1 stepped down into a drainage ditch or embankment. Simply put, if the drainage ditch or embankment was not there the accident would have never occurred. Can the way to the Airport the older gentleman (Mr. Kent) who owned the house, volunteered that he had fell himself several times in the past since he has lived there. He described the drainage ditch or embankment as an accident just waiting to happen. Unfortunately for me, the pain and suffering that 1 endured proved his remarks to be a fact. Enclose you will find Lenox Hill Hospital correspondence, medical and x- ray bills. Also enclosed are photos taken of the drainage ditch or embankment area located in front of 279 Berkeley Parkway in Kensington, California. If you need any additional information you can reach me by telephone at (510) 627-3580. Sincerely, Herbert , Jr. « _ � e . . �. . . WA <. r>... 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'- w i_ •`'rY :. , { L HAv ._ E F d. �.. _. \ C 0 i t t4\ f`�f"1 Mi 1 t j.. 1`4 L.f L _ '"¢]rp h 4� � .. t A }y.�. t� /��, t\,(�}•�.�-- ♦ [,y f .- •r. y ,y� y,. ,f _.,.,,y s i+...�!`k 3 t , I.. Y Y Y y__ r A E/`E £ �/''!Y E D A \! yy � H4 ` I ar r, t - „r '-,A''-C: PAY THS T.fsir'(i ACCT AMI UNT - 3 KARL HEgF ++�A1/4�FS:atxlPe 4Td�E�Fft)1!i{f Y1�1$P�fti7f l��Xi�9�1!#4d� LE di _-_.._- --- 63 , f 1 I I i i � � t 4443 f , 1 i I i 1 4 a .. _. E ANYv. RJ , DATE PAY YKIS POW v A D,W ;t Doi 3mo5. c 13508 ,t -',; k h ,. N,,; IRIEvS, CALL 8 97 2011015252 5 �� PAGE NO � SHOW AnY N:T PAID HM $ Imp TIMM ��9fC PT£if ff iptSptil P,lptj P��PPpIl�Si�li P�tY1�P19 P1ICf��P��El t� �Pf p�IPlkf Y�1l ps lip�b�tiifi��!l E�Pt 11�!!`�1P 61f4PSf t�llf�l1�17 pl o BOX Q-r GPC,',, f..1Ci X, 260001 EL CE RRI C. rA t (l NEV" 4rORK NY 1'0037 �;CC=C SUN DATE, FRC V I`ER DESCRIPTION PYM`Y`/A.Lj BALANCE ._� Oki _, . ! X .RAf nm Y vnwz-. 30 . CC MR .y'3j3 At, . r, 1S N..,S.r �'j... 1'c'. ti MUNT DUE THM PH ROE S . 0 F +y WE ACOEPT visA MASTERCARD, DISCOVER AM. 1EXPRESS 60 ! t t x I k , i i , C i ! 1 7 .. ;SUE ! R::_% pTiNV $5. Ott i 201 04-�:252 �7 wkikuns Herber : P.O. Box 913 El Q- r ' io, CA 94530 EXPANAT' GN 'j, MOO 4 W O F'' name: K' l E .:ams,' . He-be fCd! QV Record no, : 0537862 ZOWSK : 10, ; 1171736/001 *_e .n:'V" ,:.Cts'-: 11/10Q) ;T) OavienL AW4i No. ; 13508 `AL 's SH "amber _n ! led nisi; :t 0 co Kaker Paid: Yam lenow �� for the ♦ eTa i 7. eM; j below, payable a,b;;..frt was red ed by the "' € ,,:tiff a-ofiderthese c3m::uits, please s dvour "t` . < +. -n r r Payable; Fax finis par _ 13/83/00 11:50 Pg: 2 fax Tcrgu..du ,.�'t.�G3tt��...., .. .. ti., o2�b3/0H t5:tr'. , .,.,p�'. .7 �"'• /�� Claim to. BOARD OF 61rPI:xVJ%ORS OF(-VN-)ItA COSTA COMV A. Claims relating to causes of action far death or for injury 10 person or to personal praporty or growing crops aril which some on or before December 31, 1967,must be preaented trot late thazt the 100 day after the aectual of the cause of action,Claims relating to aausss of action for death or fvr injury to person or to perioral property or growing props and whi ch accrue on or alter)anlage, 1, 1988,Moo be Presented not lrter than six months after the.aocmW of the cause of action. Gault#relating to SAY other catrsl:of action must be pmsentt d not later th A one year after ttte accrual of thea cause of attion, (0pv't C 4t 9111) A Claims mutt bo Alod with the.Clerk of the Baatd of Supervisors at its pfttce in ROOM 106,County Administration Building,651 Pitta Street,Nlartirtos,CA 94553. C, If claim is against a district governed by the Floard of Supervisors,rather than the County,the nitmo of the District should bo filled in, D lfthe claim is against more than one public entity.separate claims trust be filed against t*4 pablit entity F LmJ See perAlty for faMule.nt claims,Penal Code Soc.72 at the end of Ws form, #ii��4f*4ftii+4#b`fiil�RYiii*iMiiii6titiMiit+MiYiirtft��*iiti7f<M4tFiiiilriiMi44wiitiYi�►*#*iiMi�Y�F• RFS Claim By iRemved for Clerk's#Bing stamp ..r.,.....anuli.l�...�.�. ._.�..........._..__._..,_—�----• ..._..� Ira r'll the,Courtly or'cvntrs Wftg or ) MAR 2 0 2000 _ „r pl#trict) GLEN# (ID .n>'Jpr UiSO'S {F;ll ir►tt+1mC).. .._.._....... W.. _ ......,.......... CU i FSA COSTA CO. The undersigned clalmW hereby makes claim against the County of Contra Cott#or the abort-named district in the sum of 3,9.,,E and in si,4ppon of this claim rgpressnts as follows: L when did the damage or injury ocmr7(give exam date and hour) acTCnpp 2c" I'm at 5: 17 p.m; 2 where did the damage or iriJuryy ooraur7(Include city and county) 'SAN RAMON, CONTRA Gt)STA noLiN,ry 3. How did the damage or injury occur?(Give Hall Malta;are extra paper If required) $utr ATUCHMEMT "All Fax finis par 13/03/'90 11:S9 Py: 3 x'qn i`a+fit+.`itb 5; G31f97i .. 9Z/03/00 19:�G t, what porticula.r act or omission on the pati Of County or district of9"rc4rs, servants,or tsmpl®}aes c+a,isted the injury or danYage? SFF ATTACHMENT "B" 5. What we than narnes OfcounTy Or disv'ict Officv1s,servants,or enrployoas tauslas tht datnr,;e Of injury? QFF'IQbKS M. ANu VXVIV MEINBAUGH OF THE CONTRA COSTA rTTEnTrp,s DFPAPT*,4FNT 6. What damage or injury es do you claim fisultodl(!sive 111 extent Of iNuriss or damages clsirtted Attach t'N't}istimi«tr*for two damage,) SPF ATThc"MRN1' 11w. 7. How was ibe amovnt otaitrtad above corrrfiuted?(Include the eatirlIatod Wnouret o. they prt,sp•eeive}!)ury or datyta�a) B Nanivi and addresses of witnesses,doctors,and hospitals. Sr,ts ATTAChMt'NT "N.° p, List the expenditures you made on etccout►i of this accident or injury. SEE ATTACHMENT !IV $'rt*did4rrbtiitrrrMt'ridwiditlrwtttt�fiditYtdtM'ifdit�fc�iNwitdelMwwwit4r'fib#�+i+rtii+r4iitw4tts6dt Gov,Code See. 610.2 provides"The claim must be signed by the claimant or by somtc person err riffs behalf" SE lvb 1 5 TO, (Artirw Names and Address Of Attorney ) TIFIS & AS$OCIATTS - "• 607 MONTGOMERY STRE'FT ) (Maimant"s signature) SAN FRANCISCO, t'.A 94133 ) 5 Tel horse No. 1 2 g 6-7 ) Telephone No. tt'�srsake!wsrsttiswrww*errse#ttsassriw*s*+saversfstsswewrs+rrwrtstitrssi«tt�t+riawt�rrwssrisw NuacF, mesh 72 erd'tbt raw CQ&ptovMm Ivan perp®wba,wits-latent to deft sud,pewou for aA~vt or the paymcM to eery Nxte bwrd or*Nk*r,or to say awnq•,city,or 41mict!road or off ver,authors wf tar velem or pay the urn¢it Swulm.say flare or rMduftaat 01*0",404 r/00 tint. vow-ber,or>avr3tirt,is punidgWe!bather by fonprisontytt nt in ft MuM jail tr a W04 of■bi emote that"+Oat yow,by a 1W of diet ex"a&n f,one tluni,wnd(S t,ow),or by bath swb imprisaaRrtlr+t cad fast,err by iinprir►Cr6rwt ko thea PAW prison,by a line of cent oxiX din;tore tbousaw dallars($10,000),or by'bath true tmptsormont sod fay, Fax 6mis ]Par 13/83/88 11:58 P'g: 4 ell CAROL ClIAN CLAIM II IVRMA TION ATTAtCIIMP N"I' "A" 3, While- stopped at a red traffic light at Sara Ranson and Crow Canyon Road in Contra costa County, the automobile its front of me unexpectedly hacked up and.hit the front of my car. The police were called and San Ramon Police Officer M. Fchilmeier arrived first. He tr.)ok 4tatements from the attractive. young female driver of the other vehicle, Ms. Scoggins, as well as from myself; but, strangely enough, he did so in bods drivers' presence. I politely asked the Officer to permit rue to give hint my personal information in private. He refused to evert hear my regt►est. I also tried to explain to the officer that I was disabled and that stressful situations could affect tray physical " mental well-being and often brought on painful and debilitating headaches, but he diel not want to hear about this cithet. Soon after, Officer David Ifeinbaugh arrived and overheard my request to speak in private to the officers so as to not divulge my phone number and address in front of Ms. Scoggim, Officer fleilrbaugh flatly denied my request and offered no explanation at all. Instead, he became loud and verbally abusive and continued to refuse to let talc give my version of the accident In private. This abusive and-unprofessional hclurvior of the officers caused tate significant.stress, erllhan,awstnunt, loss of self-esteem, and aggravation. Ira shunt, because the officers were more concerned and Interested in flirting with the young lady driver and looking goad in her eyes than In being impartial professionals who could assist tate or accommodate any rra onable requests in any way, they allowed a small traffic collision to balloon Into an una ece..4sary verbal assault upon rnc. During the event, and outside my prc:sctwc, Officer Ileintlaugh searched my vehicle(a "courtesy,"he dict not offer to the young, female driver) and, later, $300.00 turned up missing from burse that was in the vehicle during tfic search. The result and consequence was that these very unprofessional officers not only wrbul ly assaulted me, but one of them also conducted an illegal search of my property and stole awney from rite during the process, resulting in motetary loss as well as unwarranted physical and emot'roml harm, injuty and loss to mu. Fax 6m is pate 13/03/00 11:58 P9: 5 CAROL CHAN CI,AINI INFORMATION ATFACIIi4IENT "I3„ 4. Evcn after #x:ing told that they could not determine whtt was at fault, Offlccr Ileinbaugh searched my car while I slrc>ke with Officer Ecltiliricler. I later asked Officer Heinbaugh why he had searched my cat, He stated he was looking for anything that may have caused the au idunt. Tu my knowledge; there was no search conducted on Ms, Scog.gins' car. Atter surae: tune,I discovered that$$00 was missing from my wallet, which had boon in the car at thr time of tite officer's searvtt. 'fife search was illegal and improper and a violation of my Cvrrstiwtiurwl rights, Interestingly enruglt, there was no search of Ms. Scoggim' automobile. After many confrontations, which included being yelled at by the officers, I was its a great tical of pain. At this time I requested that Officer Fxhilmeier call an Ambulance for me. He flatly refused, literally screarning back,at etre, "No. Whu is going to fray for it?" He also statc:tl that.I could drive myself. I told lilm I had Insurance to pay for ambulance transport, but he still trfusod and instead gave me directions to Salt Ramon Valley Hospital. Therefore, with great distress, I was forced to leave on my own at that time and to drive myself with difficulty to San Rarnon Valley i-iospital. There, a'ftcr filling out fornis and receiving a very basic and sub erficial checkup, I was told there was an hour and a half wait. Since I was stili 30 :stiles fr+oin borne, I chose to leave the hos rlwl and drive"home where I had my own mr.dication to help allevixt,;: the pain. Once home, I applied tracks to my neck and took medication to help reduce the pAin, Pax em i s per a 13/83/80 1.168 Pg: 6 i r &. CARO),MAN CLAIM INFORMATION A9 4'ACHNIMT "C" 6, itesides causiq emotional distress azul physical pain, the incident also offccled my relationship witl,my husband in that it caused it greatdeal of disc«.)rd and conflict, I also now have it great dial of fear in driving through San Ramon (a short-cut route) when traveling from Walnut Creek to Belmont, I now may on the.freeway, which adds five uilles on to my trip, dove to tlic aitmiety and fear I feet associated with San R neon. Loss of sleep and other disturbances to nay daily life have also resalwd front this lncident. In addition, I sufficru i the theft of$500.00 from my purse, Further, I Recurred mcdieal +expenscs'of at least$1,MVU. Finally, I and entitled to reasonable compensatkxi for the Officer'Heinbaugh's violatim of my Constitutional rights by his illegal search and seizure. If resolved immediately, I would be willing to accept minjonal can,pansatiott for iltis violation Fax finis par 15/83/88 11:83 Pg: L CAROL CHAN CLAIM INFORMATION A'I"TACHNIENT r,I,9r 7. $5001 taken from my wallet in my car, Nine visits to my psychiatrist at $140.00 a session(front November 2, 1999 to February 16, 2000). The remainder is due to the ornotional distress that has occurred and still continues, My claim for. $9,500.00 also would include compensation for the violation of my Constitutional rights by his illegal search and seizure. Fax 6m i s parr 25+'83/88 11:83 Pg: 3 CAM, CHAN CLAIM INFORMATION ATTACH14r'F:1 T "E" 8. Vincent Chan(my husband)witnessed behavior changes in me as well as my friends, Patty Shimake, Susan Whitener,and Yong Gulley. These friends noticed that I was fatigues]and distressed due to the mistreatment I had received at the hands of the officers. My psychiatrist, Howard Gutevita-, also clearly noticed how the incident has affected my emotional health and well-being, 13/03/06 11-50 Pg' 9 c. Fax 6mis par f ATTACHMENT iii" 9. Nine sessions with a psychiatrist d,$140.00 a seSsIolt $1,260.00, This is it n�h�ittxu�xa al�ycutrtt. i f t r V 9 i f i } 1 CIAIM BOARD OF SUPERUSORS OF CONTRA COS CD_1 UY, CerffAnx 1A BOARD ACTIOAPRIL 18, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the T3 Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and A - 915.4. Please note all "Warnings". AMOUNT: $171,000.00 COUNTY cOUNSEL MARTINEZ CALIF. CLAIMANT: LITO DING AND GLEASON CHEUNG ATTORNEY: c/o Velvet A. Chang DATE RECEIVED: March 10, 2000 Law Office of Velvet A. Chang ADDRESS: 512 Westline Drive, Ste. 204 BY DELIVERY TO CLERK ON: _ March 10, 2000 Alameda CA 94501 BY MAIL POSTMARKED: _- March 9, 2000 I. FROM: CIerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: March 10, 2000 By: Deputy II. FROM: County Counsel TO: Clerk of the Board ofSupervisors (L,,)`This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated:- By ` �r Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I . BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:Q L a 8600 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILJNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: a� 9L` Bv: PHIL BATCHELORBy Deputy Clerk Clerk of the Board of Supervisors Via Certified Mail- Return Recei t Requested County of Contra Costa RECEIVED 651 Pine Street, Suite 106 Martinez, CA 94553 (925) 335-1900 MAS 0 2000 CLERK 60AR OP SUPERVISORS NOTICE OF CLAIM AGAINST COUNTY OF CONTRA COS CONTRA COSTA CO. 1. NAME AND ADDRESS OF CLAIMANTS: Lito Ding, 405 14'h Street, Suite 800, Oakland, CA 94612 (510) 251-2301 Gleason Cheung, 405 14' Street, Suite 800, Oakland, CA 94612 (510) 251-2301 2. AMOUNT OF CLAIM: $171,000 JURISDICTION: Superior Court 3. WHEN DAMAGE OCCURRED: February 23, 2000 and continuing 4. WHERE DAMAGE OCCURRED: Contra Costa County Courthouse, 725 Court Street, Martinez, CA 5. HOW DAMAGE OCCURRED: On February 4, 2000, claimants purchased the real property commonly known as 1435 Springhill Drive, Pittsburg, CA at a foreclosure sale. On February 4 and February 8, 2000, claimants inquired as to the amount of tax outstanding and were told that $12,000 was owed. Claimants were not told of the pending tax sale. On February 23, 2000, a tax sale was conducted and the subject real property was sold to Joe Sull'ivan. Claimants first heard of the tax sale on February 28, 2000 when Mr. Sullivan advised he was the owner of the subject real property 6. SPECIFIC DAMAGE: Claimants purchased the subject property for$121,000 and now do not have title to the subject real property. Claimants have also incurred documentary tax, recording fees, expenses, insurance and loss profits totaling $50,000. 7. HOW AMOUNT OF CLAIM COMPUTED: See Item 6 above. 8. SEND OFFICIAL NOTICES AND CORRESPONDENCE: Velvet A. Chang Law Office of Velvet A. Chang 512 Westline Drive, Suite 204 Alameda, CA 94501 (510) 521-1717 9. X �`f �'� '�� ��'� Date: March 9, 2000 Velvet A. Chang Attorney for Lito Ding and Gleason Cheung �. mC) ;z s W lr LO • (y+ p N to, cz r r� Grp, ;r r V♦ _wcr: o CD o M CD : ! r ,co �i r CLAIM BOARD QE SUPER SMS OF CONTRA COSTA COUNTY, CALEEOMIA _BOARD AMD APRIL 18, 2QQo Claim Against the County, or District Governed by } the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (paragraph IV below), given pursuant to Government Code Section 913 and , , 4 Please note all "Warnings". Z. AMOUNT: $3,000,000.00 MARt 1 741111 CLAIMANT. Frederick William Dycus OOUW'r couMSEL MAFMNEZ CAI.lp. ATTORNEY: DATE RECEIVED: March 16, 2000 ,ADDRESS: 529 - 38th Street BY DELIVERY TO CLERK ON: March 16, 2000 Richmond CA 94805 BY MAIL POSTMARKED: Hand-Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: March 16, 2000 By: Deputy ^-�-� II. FROM: County Counsel TO: Clerk of the Board o Supervisors (.This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: "` 7-6C7 By: Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( AThis Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated w C)PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAIIJNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 1 91000By: PHIL BATCHELOR By �eputy Clerk Claimto: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100 ' day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp )C- L)Y c -s j RECEIVED Against the County of Contra Costa or } MAR 16 2000 District) CLERK BOARD OF SUPERVISORS (Fill in name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$` 1Lt-i.0^.)and in support of this claim represents as follows: 1. When did the damage or injury occur? ('Give exact date and hour) T'3oP�-x ( 7/ n,!): 9 2. Where did the damage or injury occur? (Include city and county) HAL-T)NES r-^C I L.+l`—j ,: a ;-1o,CE J L-r MAI-TtPJJi�—z--, C0f,,STtz,t Q>3T91 cc,�s► � i s 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants, or employees caused tht injury or damage? rHF C-t.-A I►tAW A-S &)D-V A-Ace D IN P > C C►V eVSTOV 7 TK- C L,4(kn 4n„)--!� Ui 4 S ?CAC-C-0 I N AW t`T H 1"Y tom.tf.,n�f V O t,.CAJI A WS5iVF— I i4 w -MF- � GIVE-C'J 5. What are the names of county or district officers, servants, or employees causing the damage or injury? T tJ E- tot+,- A;S 1 GPJ-C- P "Tt - QL,A inAAST To T(44-- C6c...i UJ4 5 T, ` `Hr- Fe's C-3�40 >E-LAYE'r) Mf j)j)"..AL_ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 5F.�- 1- i 7. flow was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals. L ( (�ly 15th- GoLOSTFI,mC-cc- Ccc- L a- C Xri✓b)QArL- 9. List the expenditures you made on account of this accident or injury. DATE TIlUIE AMOUNT ) Gov. Code Sec. 910.2 provides "The claim must be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney Name and Address of Attorney ) } (ClaimantAs Signature) } � (Address) > �LkcRko"o C tq 94.80. Telephone No. )Telephone No. S(a •- , NOTICE Section 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill, account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. 3. How dict the damage or injury occur? On 9/17/99, I was brought from Marsh Greek Detention Facility to Martinez Detention Facility for a court hearing. After the hearing, I spent all day in the holding cell . At about 9:30pm, I was processed into Q module. Deputy T.Allen told me to go stand by the door of the cell I was being assigned to and. wait . At the door, one of the two men in the cell asked me if I had any enemies. He had kind of a crazy look in his eyes. I said "no" . Then a deputy came and let me in and one of the men out. He was being moved for fighting with someone, and his cell mate, who was staying was mad about it. He asked what I was in for and I told him one count of 273d, because my wife had disciplined our 11 year old daughter with a "switch" . He then called me a "baby beater" and demanded to see my court papers . He tried to grab my papers out of my hands and I pulled them back. Then without warning, he hit me in the head 3 or 4 times . I didn't fight back. Then he yelled at me to get out of his cell . I got the attention of the deputy who came and opened the door. The Dep asked me if I had been hit and I showed him my injuries . After the inmate, Scott Hall, was sent to D module I was put back in my cell. When I looked in the mirror, the left side of my face under my eye looked smashed in. I could hear little clicks in various spots where I touched the fractures. I was exhausted, so I made my bed so I could get some rest. I was the asked to come let some nurses look at me. 3 nurses examined me in a small roam on Q module. A black nurse with a foreign accent felt around both my eye sockets and. said, "It' s not broken. " I went back to my cell to rest and then a sergeant came to check on me. He said the head nurse recommended that I go to the hospital for xrays. Then deputy Allen took me to Contra Costa Regional Medical Center. During our wait to see the doctor, Dep Allen was sorry and apologetic. He said, "I don't know why I put you in with Him. He (Scott Hall) hits people all the time. He' s an ass hole. " After the doctor examined me, he came back and said that the Zygomatic bone was fractured. I was given a paper "Emergency Deptartment Follow-up Instructions" that said. " will need ENT appointment within one week. After we left the Hospital, I was taken to F module (medical) and was told by the deputy that I would stay there until I had surgery and then throughout my recovery. I was told to lie if anyone asked what I was in for. While at Marsh Creek, I had told at least 50 strangers about my case without ever being threatened or attacked. I was afraid to talk to anyone. Despite being told by a Deputy and a Sergeant that I would stay on the medical module until my surgery and then recover G'.41 bye"4' there, the medical staff moved me to the general papulation on A Module on 9/23. I had not been seen since the attack or had my condition or xrays explained to me. When. I was moved to A module it was overcrowded and I was scared to death someone would hit me in the same spot and shatter my bones. When a fight brake out that night we were .locked down until the next day at 4pm. Then I asked and was moved back to medical F Module. �y, mus 6. What damage or injuries do you claim's After being in the Eft on 9/17/99, and told to come back within one week, I didn' t see the Doctor until 10/7/99. I repeatedly told the jail nurses that I was concerned about the bones growing back together before being "set" . Dr.Henderson asked why I took so long to came in because he could have fixed the banes easier during the first week. Scheduled surgery asap for 10/11 . He wanted to see me one week later but I didn't see him again until 12/2 . Drs . White and Javaheri said I should just live with the results . Permanent facial damage, despite one surgery. Sagging skin on left side of face Stress, Depression After the attack: Swollen side of face Caved in eye socket/cheek bone Black eye Eyeball-Blood in white part Couldn't chew solid food--baby food diet Hear "clicks" when fractured area touched Left upper jaw hurts Teeth don't fit right Nerve damage to left upper jaw-teeth hurt Right ear hurts Headaches Hard to sleep Intermittent ringing in left ear Noise in left ear when swallowing Slight bleeding in nese 1st two nights Diarrhea and nausea from Motrin 2 Doctors that the jail had examine me I would have to have a metal plate in my face and that I might lose sight in one eye on get double vision. Dr. White and Dr. Javaheri. CONTRA COSTA COUNTY OFFICE OF THE SHERIFF DETENTION DIVISION POLICIES AND PROCEDURES 3-1 INMATE RIGHTS AND PRIVILEGES (Revised 4/1/99; Replaces 12/24196) POLICY. The Detention Division Administration recognizes inmates have certain rights relative to the conditions of their confinement. REFERENCES Pro Per privileges may be granted by M.S. - 1061, 1063, 1064, 1065, 1066, 1067, 1068, court order to specific inmates. These 1070, 1071, 1072, 1073 inmates are afforded special privileges Inmate Pro Per Policy(Appendix) which may include a legal runner, special mail privileges, special supplies, and Pro GENERAL INFORMATION Per phone (Refer 3-3). Facility INMATE RIGHTS Administrative Sergeants will be 1. The recognized inmate rights are as follows: responsible for ensuring proper A. Single room occupancy or supervised double compliance with Pro Per court orders room occupancy. including deliveryof appropriate B. Clean and orderly surroundings. documents and monitoring of Pro Per C. Adequate toilet, bathing and laundry activities (See Appendix). facilities. N. Freedom from discrimination based on the D. Adequate lighting, heating and ventilation. inmate's race, religion, national origin, sex, E. Compliance with federal, state and local firege, handicap or political belief. and safety laws and regulations. O. 9::protection from personal abuse,corporal F. A wholesome, properly prepared, unishment, personal injury, disease, nutritionally adequate diet property damage and harassment. G. Clean and seasonable clothing. P. A dignified conversational form of address. r F' . Basic medical and dental services All inmates will be addressed by name rather comparable in quality to those available to than booking number or other derogatory the general citizen populace of the state. manner. I. Access to both recreational opportunities Q. Personal grooming choices regarding and equipment. appearance. This choice is limited only by J. Access to clergy allowing inmates to practice requirements for: their legitimate religious practices, subject 1. Safety only to the limitations necessary to maintain 2. Security institutional order and security. 3. identification K. Visitation with family members and friends in 4. Hygiene a visiting area limited only by those Facility Interpretation of these regulations will be the requirements necessary to maintain order least restrictive necessary to the security and security. Private areas are available for level of the inmate and the Facility. confidential visitation between inmates and R. The expectation that unnecessary force, attorneys except where substantial embarrassment or indignity to the inmate is justification for restriction is provided. avoided during search. L. Sending sealed letters to a specified class of When a new offense is suspected, inmates persons or organizations, including but not will be afforded the protection set forth in the limited to: courts, counsel, officials of the fourth amendment to the Constitution of the confining authority, government officials, United States. administrators or grievance systems and S. Access to paper and other supplies and members of the parole authority. Inmates services related to legal matters at inmate's seeking judicial or administrative redress are expense unless the inmate is indigent. not subjected to reprisals or penalties as a T. Inmates have the right to participate in local, consequence. state and federal elections, pursuant to M. Maintaining contact with attorneys, their election codes. This can be done by representatives or experts retained by them requesting a registration form and/or an through uncensored correspondence, absentee ballot from the Contra Costa telephone communication and official visits, County Election Department. limited only as necessary to maintain order U. The availability of a written grievance and security. Inmates will have the right to procedure that includes at least one level of request assistance in preparing and filing appeal. legal papers, including assistance from persons with legal training, law school, legal PROCEDURE 1 assistance programs, the Public Defender's INMATE RIGHTS MANUAL SECTIONS Office and law library facilities. 1. Specific procedures to u i requirements 91 CONTRA COSTA REGIONAL MEDICAL CENTER I TIME OFF AUTHORIZED FROM: RK EMERGENCY DEPARTMENT I PE. SCHOOL � ❑ . ❑ SCHOOL FOLLOW-UP INSTRUCTIONS � DUE TO: ❑ INJUR( ❑ ILLNESS s 4 The care you received here has been given on an I FROM: +- emergency basis only.You may need further tests or care after your release from here. WI RETURN DATE. J #: til RESTRICTIONS: If your condition worsens unexpectedly, return a1 - here. If you feel your recovery is not proceeding as �I. expected, contact your regular physician or call the I ► Advise Furse at 1-800-524-2247. i FROM: Si su condici6n empeora regress aqui. Si ciente TO: que su recuperacion no avanza coma se expecta I SIGNATURE: pongase en contacto con su doctor regular o flame a f la enfermera de consejo 1-800-524-2247. DATE: OTHER 1$GIVEN. WORKING DIAGNOSIS: 11� ❑CC NOT DRIVE HOME FROM <=:IS V!Si,. PRINTED INSTRUCTIONS GIVEN: I ;NSTRUCT!ONS ON REVERSE OF„PER: ❑WOUND CARE ❑SPRAIN/FRACTURE ❑VOMITING/DIARRHEA ❑UTI ❑ASTHMA/COPD ❑X-RAY ❑SCREENING NURSE ❑HEAD INJURY ❑CASTS/SPLINTS ❑COLDS/FLU ❑EARLY PREGNANCY ❑EAR INFECTION READINGS ❑DRIVING CAUTION ®EYE INJURY ❑BACK/NECK INJURY ❑FEVER CONTROL ❑VAGINAL BLEEDING ❑ABDOMINAL PAIN ❑LABORATORY ❑REGULAR PROVIDER /11 . OTHER STRUCTIONS: v', 0 17 aT7�STr�' 4 r R Ao!'Pi FOLLOW-UP APPOINTMENT: ❑CONTACT APPOINTMENTS FOR FAMILY PRACTICE APPOINTMENT IN DAYS/WEEKS ❑RETURN TO EMERGENCY DEPARTMENT IN DAYS ❑APPOINTMENT SLIP GIVEN. ❑ SPECIALTY APPOINTMENTS: ❑MESSAGE LEFT AT APPOINTMENT UNIT.YOU WILL BE CONTACTED ABOUT YOUR APPOINTMENT WITHIN TWO WORKING DAYS. IF YOU `CLINIC' DAYS/WEEKS HAVE NOT BEEN CONTACTED,CALL APPOINTMENT UNIT AT 646-4715. APPOINTMENT SCHEDULED ❑NOSOTROS HEMOS DEJADO UN MENSAJE EN LA UNIDAD DE CITAS. CLINIC/PR VI ER SITE DATE TIME UD.SERA CONTACTADO DENTRO DE 2 DIAS HABILES.SI NO HA SIDO CONTACTADO,LLAME AL 646-4715. CLINIC/PROVIDER SITE DATE TIME STAFF INITIAL SIGNATURE ❑ YOU NEED TO PICK UP I UNDERSTANDTHESE INMUCTIONS(Patient Signature) REMAINDER OF M.D./FNP PRESCRIPTION E DISCHARGED 0 ) CONTRA COSTA REGIONAL MEDICAL CENTER EMERGENCY DEPARTMENT STRIVES TO DELIVER THE BEST CARE POSSIBLE.YOUR COMMENTS AND SUGGESTIONS ON OUR PATIENT SURVEY ARE APPRECIATED. YOUR PROVIDER TODAY WAS: ❑ eta ❑ Joseph Barger,M.D. ❑ Jahn 1.Ellis,M.D. ❑ Stacy Prescott, M.D. ❑ Jon Stanger,M.D. ❑ Cheryl Higgins, FNP ❑ Fred Beck,M.D. ❑ Chris Farnitano,M.D. ❑ Scott Schmidt,M.D. ❑ Mark Stinson,M.D. ❑ Elaine Seawell, FNP ❑ Ingrid Bellwood,M.D. ❑ Suzan Goodman,M.D. ❑ Herbert Si mond,M.D. ❑ David Suchow,M.D. 9 ❑ K.Severson, FNP ❑ Gerard Bland,M.D. ❑ Neil Jayasekera,M.D. ❑ Alan Spain, M.D. ❑ Dirk Van Meurs, M.D. y MR474A-5 ri2/ssl-- CONTRA COSTA HEALTH SERVICES MR#: OOOOOOM007127509 Contra Costa Regional Medical Center NAME: DYCUS, FREDERICK, W Martinez Health Centers DOB: 09/27/1952 2500 Alhambra Avenue, Martinez, CA 94553 SPECIALTY NOTE DATE OF SERVICE: 10/07/2999 SUBJECTIVE: The patient is status post an alleged assault. where he was struck, he states, in the face multiple times with fists . He was struck predominantly over the left side of his face and had swelling over the area followed by bruising and subconjunctival hemorrhage. Since the injury, which occurred on 9/18/1999, the patient has been on pain medicine. Also the swelling has come down to the point where he can now see that his left face is pushed in more than his right side . He still has some complaints of pain in the face on his left side, but can close his mouth without great difficulty. He also states that his teeth do not seem to fit well. He denies nasal problems, diplopia or ocular pain on movement. He has no complaints relative to his hearing. OBJECTIVE: Physical examination reveals the tympanic membranes and canals to be normal bilaterally. On nasal exam it finds the external nasal dorsum to be intact and both nasal airways are reasonably clear. No signs of compromise are noted. The extraocular muscle movements are intact on bath sides with no symptoms of discomfort in either eye on extreme movements . Oral examination finds the dentition to be in good repair and the teeth to occlude simultaneously on both the left and the right ,side. No lesions are noted in the mouth or oropharynx. No discharge is noted in the oropharynx. Facial palpation finds the left zygomatic arch/malar eminence to be somewhat depressed. There was still a small area of ecchymosis over the left malar area. No palpable abnormality is noted of the either infraorbital rim or frontal zygomatic suture line. Review of his x-rays finds a depressed left zygomatic arch fracture. PLAN: I have discussed the findings with the patient and the fact that he has a two week and five day delay after the injury. This markedly compromises the ability to move the displaced facial bone back with a relatively straightforward open reduction. I did discuss with him that the bones can be cut to facilitate movement as well as there can be an implant placed in the area to provide build up and thereby symmetry of the malar eminences . The patient desires to have the reduction attempted, SPECIALTY NOTE Page 1 of 2 Original F R# : 000000M007127509 AME: DYCUS, FREDERICK, W and this will be scheduled as quickly as passible. He was advised of the risk of the procedure and his questions were answered. A permit was signed. Lorre T san, MD LTH:EDiX11250 D: 10/07/99 12 : 50 T: 10/07/99 13 : 28 DOCUMENT: 991007194559820000 SPECIALTY NOTE Page 2 of 2 Original FTb:— NMATE REQUEST FOR JNFORMATION {c` }MEDICAL REQUEST t From. �r �>:.; t yr—sJ� �}•Z 7-MS Z Bkg# 29 21 :* 7 7'`1 { (DOB) Date: / 29 / 92 Housing Assignment: F 4 .. t Check One: }Request Pej Grievance { ) Appeal ( } Other ti Request: 9117 V BJP'): w Lf �t.1 1�1�"►+4"i SSAUC,"{ Tti T r.rr 11 hh t a`ti 1pS tt , WAS i '. s i rs .aP.t 'At t.�, - tQ be4lf- Ak wet JAL. VomArw P— CA Q LirmV oj-T o Uztj F. 4 j €,wtr1;S CAt� 5 �lrJ - i `fT 'v>w c ,� P-4 QAJAtij\lf Date Recd: 1 Recd By: G_T6 Routed To: ANSWER ( ) APPROVED ( } DENIED-(state reason) fit" 2,1, v!r� !�7 Q Y _/141 's`�2 By: .,� t�r.�-, Date: z Fink:Kept by Inmate Yellow:Reply to Inmate White:To Booking 0E2024: RM 112191 CLAM BOARD OF 'SUMMSM OF CMTRA COSIA t-MThMs C. UlF RN A BOARD ACn011t April: 18, 2000 Claim Against the County, or District Governed by NOTICE TO CLAIMANT the Board of Supervisors, Routing �lorsements, ) and Board Action. All Section references are to The copy of this document mailed to you is your California Goverlrnent Cogs. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given � s �h pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $9,500-00 CLAIMANT' LAIM 111 1: Carol A. Chan ATTORNEY: TIPS & ASSOCIATES DATE RECEIVED: March 20, 2000 ADDRESS: Scott C. Tips BY DELIVERY TO CLERK ON: M rr_h 2Q, 200{ 807 Montgomery Street San Francisco CA 94133 BY MAIL POSTMARKED: (March 20, 200 'G TRONE Clerk of the Board of Supervisors 't"O: County Counsel Attached is a copy of the above-noted claim. PHIL B HELOR, Cler Dated: March 20, 2000 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervisors (LA"'This claim complies substantially with Sections 910 and 910.2. ( 1 This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ` By: &L—Deputy County Counsel M. 1F`ItUM Clerk of the Board M. County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. Other.. I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated ,O 0_bCO PHIL BATCHELOR, Clerk, By `- , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. - AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 11 By: PHIL BATCHELOR By _ Deputy Clerk CC: County Counsel County Administrator