December 4, 2004

To: Barbara Cook, PE Chief, Northern California -- Coastal Cleanup Operations Branch
Department of Toxic Substances Control California Environmental Protection Agency

Barbara --

For reference -

Workers were on site Wednesday around 8:30 a.m., 12/1/04, removing what appeared to be a big rubber-like boot from a storm drain south of South 49th Street. The three workers did not appear to be wearing protective gear or clothing.

• Given the extreme levels of an extraordinary number of toxins moving through the property drains, are the workers alerted of the hazard before they start work?
• Do you concur with the lack of personal protection for the three workers handling the muddy drain assembly?
• Where is the removed boot being stored?

If the storm drain is being extended, what actions are being taken to test the runoff for toxins at the new drain exit?

We do not believe the BCDC, US Fish and Wildlife and the Army Corps of Engineers understood that the drainage system for the northern 65 acres including water running off the 30 acre cap and larger property storm drain system would be flowing into the newly remediated marsh and/or bay . . .

The plan description approved by BCDC, US Fish and Wildlife and the Army Corps of Engineers was limited to marsh remediation only. They received no description of the intent to stockpile 350,000 cubic yards of toxic material on the northern 65 acres and there was no description of drainage or runoff from the same, including the temporary road which divides the marsh at the UC Field Station and Zeneca property line. The three organizations have not referenced site visits prior to their approvals. Given the far ranging complexity and significant toxicity of the 85+ acres, we doubt if the three organizations had enough information on which to base approvals without their own site visits and investigations.

Sherry Padgett
sherrybp@pacbell.net
Bay Area Residents for Responsible Development
BARRD
510-236-5500 office
510-703-8300 cell
925-831-8907 home office