The URL can be used to link to this page

Home My WebLink About05.b.1) Receive 90-day Resource Conservation and Recovery Act (RCRA) notice letter with regard to residence in Pleasant Hill.Southern California 21 E. Carrillo street Santa Barbara, CA 93101 Telephone (805) 898 -9704 Facsimile (805) 880 -0499 PALADIN LAW GROUP LLP Generating Professional: John R. Till, walnut Creek office jtill a@PaladinLaw.com February 9, 2011 Via Registered Mail Return Reee %pt Requested TO ALL RECIPIENTS LISTED BELOW Northern California 1176 Boulevard way Walnut Creek, CA 94595 Telephone (925) 947 -5700 Facsimile (925) 935 -8488 CCCSD%JMPITAL PROJECTS Re: Notice of Endangerment Pursuant to Section 7002(b)(2)(A) of the Resource Conservation and Recovery Act, 42 U.S.C. § 6972(b)(2)(A) Dear Sir/Madam: This letter constitutes a Notice of Endangerment pursuant to Section 7002(b)(2)(A) of the Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. § 6972(b)(2)(A). This notice, issued. by Ryan, Anne, and Reese Schaeffer (collectively, the "Schaeffers'), is directed to: Kenneth Law , The Kenlow Corporation, Gregory Village Partners, L.P. (believed to be-also known as rY rp g Y`y g (aka) or formerly known, as (fka) VPI, Inc., Village Properties, and/or Village Builders, LP) (`Gregory Village "); Bhagdeep S. Dhaliw, Massoud Ebrahimi, M.B. Enterprises, Inc., Pleasant Hill Chevron, Chevron USA, Inc. as the successor to Standard oil of California ("Chevron "); Estate of Sam Lim, Jiewon Lim (aka Deborah Jiewon Lim), Joseph J. Lee (aka Joe J. Lee and/or Joseph J.S. Lee, Deborah Jiewon Lim, Moon S. Lim, Alan Chei, Grace M. Lee (aka Grace M. C. Lee), David Woo, P& K Gregory Cleaners (believed to be aka P &K Cleaners), P&KS Gregory Cleaners (believed to be aka P &KS Cleaners), Floyd G. Taylor, Estate of Kathleen N. Taylor, Jay Brear, and Parr Avenue Cleaners (aka Park Avenue Cleaners, Inc. (collectively, "Dry Cleaning operators "); and Central Contra Costa Sanitary District ( "CCCSD ") (Gregory Village, Chevron, Dry Cleaning Operators, CCCSD and the .other persons /entities issued this notice by the Schaeffers. are hereafter collectively referenced as the "RPs ") for their role in creating, contributing to, or maintaining the toxic contamination in, at, on, originating from, and/or emanating to or from the properties located at 1601 -1699 Contra Costa Boulevard ( "Gregory Village Property "), 1705 -1709 Contra Costa Boulevard, Pleasant Hill, California ( "Chevron Property ") and/or coming to be located at or in the vicinity of 95 Cynthia Drive, Pleasant Hill, California, 94523 (the "Schaeffer Property ") or adjunct residential or commercial properties. (collectively, the "Site "). A. The Contanunation of RCRA solid and hazardous wastes at the Site. I Whether by ownership and/or operation of their respective properties or business at the Site, the RPs each played a role in causing or contributing to the toxic vapor, soil, and groundwater that are migrating onto adjacent residential -- including the Schaeffers' home ---, commercial properties, and within the Site. Environmental investigations at the Site demonstrate that the vapor, soil, and groundwater at and emanating within the Site are impacted by chlorinated solvents and petroleum hydrocarbons from historical dry cleaning and gasoline ff � Notice of Endangerment February 9, 2011 Page 2 of 5 service station and automotive repair activities. More specifically, environmental testing demonstrates that the contamination has caused the indoor air at the Schaeffers' home to be unsafe. The nature and extent of the contamination at the Site has been more fully discussed in a variety of reports concerning the Site that you may obtain access to upon a request to the California Regional water Quality Control Board, San Francisco Bay Region or at http :llgeotracker. swrcb. ca. Rov/ - -- for the locations identified as: • P & K Cleaners (SLT20215317) at 1643 Contra Costa. Boulevard, Pleasant Hill, California tt :/l eotracker.swrcb.ca. ov/ rofile re ort.as . lobal id= SLT20215317); and • Chevron (T0601300404) at 1705 Contra Costa Boulevard, Pleasant Hill, California (http://g eotracker.swrcb . .ca . .goy/profile re ort.as ? lobal id= T0601300404). B. The RCRA solid and hazardous wastes disposed of on the Site created an imminent and substantial endangerment The RPs are responsible for creating, maintaining, and/or leaving in place environmental conditions that may pose an imminent and substantial endangerment to public health or the environmental in violation of RCRA. The RPs contributed to the "solid waste" and "hazardous waste" causing the contamination at the Site by handling, discarding, discharging, spilling, or releasing volatile organic compounds (VOCs), suddenly and accidentally, negligently, or otherwise, so that the contaminants entered the environment, owned the properties at which these releases of VOCs occurred, or currently own the properties at which these releases of VOCs occurred. These unauthorized releases continue to migrate in the environment causing property damage and appreciable harm to the air, soil, surface water, and groundwater at and around the Site. Moreover, the contaminants may present an imminent and substantial endangerment to health or the environment, including the surface and sub- surface soils, surface water, groundwater aquifers, air, and natural resources. As a result of the RPs' conduct, acts, or omissions, the Schaeffers have incurred and continue to incur significant risks to their health, to the health of their infant daughter, and to their animals — specifically two of the Schaeffer's pet cats recently died, which they now believe was the result of the toxic environmental conditions created, contributed to, or maintained by the RPs. Therefore, the Schaeffers demand that the RPs immediately perform both: (i) a comprehensive environmental investigation to determine the vertical and horizontal nature and extent of the contamination at the Sites and (ii) a removal and cleanup of the contamination at and emanating from the Site. As an interim measure and based on the severe risk to human health from the RPs contamination of the Schaeffers' Property, the Schaeffers demand to be imm ediately relocated --- at the RPs sole expense --- until such time as the investigation and rem.ediation of the Site is complete — e.g. no trace of . chlorinated solvents and petroleum hydrocarbons remain at the residential properties at the Site and closure is achieved at or below California residential environmental screening levels for the entire Site. Notice of Endangerment February 9, 2011 Page 3 of 5 C. The Schaeffers's intention to file suit Should settlement of these issues not be promptly achieved following your receipt of this notice and demand, the S chaeffers intend to commence a civil action against the RPs and any other "operators," or other responsible parties that might subsequently be discovered. This civil action will be designed to protect their health, their interests, the public, and the environment from the damage and dangers of the contamination at and emanating from Site. If litigation becomes necessary, the Schaeffers will seek all damages and relief allowable by equity and law, including the relief requested within this notice, the full costs for the environmental investigation and remediation of the Site, attorney fees and costs, consultants and expert witnesses fees and costs, oversight fees and costs, moving and relocation costs, loss of use and enjoyment of their property and health, medical monitoring of the entire family members for life, emotional distress, as well as any other personal injury, property damage, or other relief the Court determines reasonable and/or necessary under the circumstances. The full name, address and telephone number of the persons giving this notice is: Ryan, Anne, and Reese Schaeffer 95 Cynthia Road Pleasant Hill, CA 94523 (510) 299 -3043 (cell) The name, address and telephone number of legal counsel representing the person giving the notice is: John R. Till, Esq. Paladin Law Group LLP 1176 Boulevard way Walnut Creel, CA 94595 (925) 947 -5700 Consistent with the goals of RCRA, we are hopeful that this matter can be settled shortly. Please contact me at the above telephone number immediately. Y �#r -t��y yours, M. hn R. rill PALADIN LAw GRoUP"� LLP Notice of Endangerment February 9, 2011 Page 4 of 5 .responsible rarty_lteciptent List Gregory Village Partners, L.P. 121 Spear Street, Suite 250 San Francisco, CA 94105 Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 The Kenlow Corporation c/o Mr. Kenneth B. Lowry President 8907 Pool Station Rd. Angels Camp, CA 95222 Mr. Massoud Ebrahimi, as registered agent for M.B. Enterprises, Inc. and DBA Pleasant Hill Chevron 1705 Contra. Costa Blvd. Pleasant Hill, CA 94523 Ms. Jiewon Lim and DBA P & K Gregory Cleaners 3601 Brunell Dr.. Oakland,' CA 94602 Ms. Grace M. Lee and DBA P & K Gregory Cleaners 1609 ,Angeline Dr. Modesto CA 95355 Mr. Joseph J. Lee and DBA P & K Gregory Cleaners 2 f 4 Jenay Ct. Martinez, CA 94553 Moon S. Lim and DBA P &KS Gregory Cleaners 3 601 Brunell Dr. Oakland, CA 94602 Mr. Floyd G. Taylor 300 Melanie Dr. Pittsburg, CA 94565 Associated to operations at 1643 Contra Costa Blvd. Pleasant Hill, CA 94523 Jay Brear and DBA Park Avenue Cleaners 1643' Contra Costa Blvd. Pleasant Hill, CA 94523 VPI, Inc., aka, fka, and/or DBA Village Properties, L.P. Village Builders, L.P., and Gregory Village Partners, L.P. c/o Mr. Robert Isackson Registered Agent 121 Spear St., Suite 250 San Francisco, CA 94105 Chevron'USA, Inc. The Prentice -Hall Corporation System, Inc. 2730 Gateway Oaks Dr., Suite 100 Sacramento CA 95833 Estate of Sam S. Lim c/o Moon S. Lim 2389 Verna St. San Leandro, CA 94577 M.B. Enterprises, Inc. c/o Mr. Bhagdeep S. Dhaliw 1705 Contra Costa Blvd. Pleasant Hill, CA 94523 Mr, Bhagdeep S. Dhaliw and DBA Pleasant Hill Chevron 4430 Deer Field Way Danville, CA 94506 Mr. David Woo and DBA P &KS Gregory Cleaners 107 Bramblewood Lane Pleasant Hill, CA 94523 Mr. Joseph J. Lee and DBA P & K Gregory Cleaners 690 Gregory Lane, No. 1 Pleasant Hill, CA 94523 Mr. Kenneth B. Lowry 8907 Pool Station Rd. Angels Camp, CA 95222 Estate of Kathleen N. Taylor. 300 Melanie Dr. Pittsburg, CA 94565 Associated to operations at 1643 Contra Costa Blvd. Pleasant Hill, CA 94523 Mr. Alan Chei and DBA P &KS Gregory Cleaners 3562 Martin Luther King Blvd. Lynwood, CA 90262 B alwinder S. B rar, as registered agent for Park Avenue Cleaners, Inc. 8373 Creekside Dr. Dublin, CA 94568 Carbon Co vies to A encies: Honorable Lisa P. Jackson Mr. Jared Blumenfeld Administrator ,Regional Administrator United States Environmental Protection Agency United States Environmental Protection Ariel Rios Building Agency 1200 Pennsylvania Avenue, N.W. Region IX Notice of Endangerment February 9, 2011_ Page 5 of 5 Mail Code 3213A 75 Hawthorne Street Washington, DC 20460 San Francisco, CA 94105 Ms. Linda S. Adams Bruce H. Wolfe Secretary Executive Director California Environmental Protection Agency California Regional Water Quality Control 10011 Street Board San Francisco Bay Region Sacramento, CA 95814 1515 Clay Street, Suite 1400 Oakland, CA 94612 Thomas Howard Margo Reid Brown Executive Director Director State Water Resources Control Board Department of Resources Recycling and 10011 Street Recovery P.O. Box 100 1001.1 Street Sacramento, CA 95812 P.O. Box 4025 Sacramento, CA 95812 Lester Snow Kevin Brown Secretary for Natural Resources Project Manager California Natural Resources Agency California Regional Water Quality Control 1416 Ninth Street, Suite 1311 Board, San Francisco 'Bay Region Sacramento, CA 95814 - 1515 Clay Street, Suite 1400 Oakland, CA 94612 By Regular U.S. Mail Only to: Robert Goodman, Esq. Ruben A. Castellon, Esq. Rogers Joseph O'Donnell Castellon & Funderburk LLP 311 California Street - 3200 Danville Boulevard, Suite 100 San Francisco, CA 94104 Alamo, CA 94507