CC Exhibit 07-03-2018 Item No. 1 Written CommunicationsSenate Bill 35 Disqualification for hazardous waste sites
65913.4 (a) (6) The development is not located on a site that is any of the
following:
(E) A hazardous waste site that is listed pursuant to Section 65962.5 or a
hazardous waste site designated by the Department of Toxic Substances
Control pursuant to Section 25356 of the Health and Safety Code, unless
the Department of Toxic Substances Control has cleared the site for
residential use or residential mixed uses.
Section 65962.5: State Water Resources Control Board List
65962.5 (c) The State Water Resources Control Board shall compile and update as
appropriate, but at least annually, and shall submit to the Secretary for
Environmental Protection, a list of all of the following:
(1) All underground storage tanks for which an unauthorized release report
is filed pursuant to Section 25295 of the Health and Safety Code.
Cupertino's justification for ignoring two sites on the SWRCB's list:
The Geotracker database does not indicate any active Leaking Underground
Storage Tanks (LUSTs) cases at the project site. It indicates two "closed11
Leaking Underground Storage Tanks (LUSTs) eases at the ftJrmer Sears and
JC Penney Automotive centers for which closure letters were issued by the
Santa Clara Valley Water District (SCVWD).
SB 35 does not specify a subjective assessment of cases on the hazardous waste
site list it references. SB 35 merely says that a site's existence on the list
disqualifies the site for "streamlined, ministerial approval."
In fact, cases can be closed for many reasons. An "active11 EPA Superfund site in
Mountain View is listed as "Closed 11 on the SWRCB's LUST List .
STATE WATER RESOURCES CONTROL BOARD ---GEO TRACKER
FAIRCHILD SEMICONDUCTOR, SYSTEM 1 [NPDES] (SL0608515178) -(M.Ae) SIGN UP FOR EMAIL ALERTS
4$Ai :rte:·;-W ~J XllW•A V 5fii ~---Elhb:rl&, .... :......flNSIN'IIP7 1IS.l.9,:a\11~------------------------·
515 N. WHISMAN
MOUNTAIN VIEW, CA
SANTA CLARA COUNTY
CLEANUP PROGRAM SITE (INFO)
PRINTABLE CASE SUMMARY / CSM REPORT
CLEANUP OVERSIGHT AGENCIES
SAN FRANCISCO BAY RWQCB (REGION 2) (LEAD) -CASE #: 43s1043
CASEWORKER: Marcos De la Cruz
Summary Cleanup Action Report Regulatory Activities Environmental Data (ES/) Site Maps/ Documents Community Involvement Related Cases
Regulatory Profile
CLEANUP STATUS -DEFINITIONS
COMPLETED• CASE CLOSED AS OF 4/22/2016 -C LE ANUP STATUS HISTORY
POTENTIAL CONTAMINANTS OF CONCERN
SOLVENTS
PRINTABLE CASE SUMMARY
POTENTIAL MEDIA Of CONCERN
OTHER GROUNDWATER (USES OTHER THAN DRINKING WATER)
FILE LOCATION USER DEFINED BENEFICIAL USE DESIGNATED BENEFICIAL USE(S) -DEFINITIONS
MUN , AGR, IND, PROC
DWR GROUNDWATER SUB-BASIN NAME
Santa Clara Valley -Santa Clara (2-009.02)
Site History
NONE SPECIFIED
CALWATER WATERSHED NAME
Santa Clara -Palo Alto (205 .50)
No Water Board oversight of cleanup at this site. This case is included in Geotracker because the site is covered by the Water Boardts NPDES general permits for discharges from
+pump and treat+ systems to surface waters (one each for fuels-and VOC-impacted sites). This can happen for two reasons: (i) the site is overseen by another agency (e.g., USEPA or
DTSC) and needs coverage under one of the NPDES general permits or (ii) construction dewatering in an area of groundwater contamination necessitates NPDES general permit
coverage. Including this case in Geotracker helps staff to receive and review required NPDES reports.
On April 22 , 2016, the Water Board issued a Rescission of Authorization to Discharge for the above facility.
Back to Top Conditions of Use
FAIRCHILD SEMICONDUCTOR CORP.
(MOUNTAIN VIEW PLANT)
MOUNTAIN VIEW, CA
Site Contacts
Community Involvement Coordinator
Jackie Lane
( 415) 972-3236
Remedial Project Manager
Alana Lee
(415) 972-3141
Site Location
Street Address:
369,515 N Whisman, 313 Fairchild &
401 National
MOUNTAIN VIEW, CA 94042
Background
The 56-acre former Fairchild Semiconductor Corp. (Mountain View) site is
located in Mountain View, California. A facility on site manufactured
semiconductors. The site is one of three Superfund National Priorities List
(NPL) sites that are being cleaned up simultaneously. The other two
Superfund sites are the Intel -Mountain View site and the Raytheon site.
All three sites are located in the Middlefield-Ellis-Whisman (MEW) Study
Area and are being addressed collectively as the MEW Site. Site
investigations at several of these facilities during 1981 and 1982 revealed
extensive soil and groundwater contamination, primarily volatile organic
compounds (VOCs). Following immediate actions ...
Continue reading background »
JULY2, 2018
l
Randy Shingai <randyshingai@gmail.com>
RE: Sites listed pursuant to Government Code Section 65962.5?
Tracker, Geo@Waterboards <Geo. T racker@waterboards .ca .gov>
To : Randy Shingai <randyshingai@berkeley.edu>
Hi Randy,
Mon, Jun 25, 2018 at 10:06 AM
In Geo Tracker, underground storage tanks that had an unauthorized release are classified under one the following site
types: "LUST Cleanup Site" and "M ilitary UST Site". A list of these site types and the number of cases associated with
each site type can be found on the Geo Tracker web page (https ://geotracker.waterboards.ca .gov/) by going to the
"Reports" tab and click on "Site Type Summary Report".
In regards to the two sites you mentioned below, since both sites are classified as "LUST Cleanup Site ", they are on the
list of underground storage tanks that the State Water Resources Control Board will "compile and update" under
Government Code Section 65962.5. Hope this helps.
Best regards,
Steven Mullery
Geo Tracker Help Desk
State Water Resources Control Board
geotracker@waterboards.ca.gov
From: Randy Shingai [mailto :randyshingai@berkeley.edu ]
Sent: Monday, June 25, 2018 7 :12 AM
To: Tracker, Geo@Waterboards <Geo.Tracker@waterboards .ca .gov>
Subject: Sites listed pursuant to Government Code Section 65962.5?
Dear Sir or Madam,
I ~m looking for inform~tion on the li~t of underground storage tanks that the $tate Wat~r R~sources Control Bo~rd is
required to "compile and maintain pursuant to this Section :
Government Code Section 65962.5
(c) The State Water Resources Control Board shall compile and update as appropriate, but at least annually, and
shall submit to the Secretary for Environmental Protection, a list of all of the following:
(1) All underground storage tanks for which an unauthoriwd release report is filed pursuant to Section 25295 of the
Health and Safety Code.
I was directed to your Geo Tracker web site as a source for this list, but I could not find any specific information about this lisl
I am interested in finding out about two sites. I was able to find the sites on your Geo Tracker web site. Their Global IDs are
T0608500770 and T0608552828. Here are the urls of the Geo Tracker pages for the two sites :
http s :// geotra cker. waterboa rd s. ca. gov/profile _report. asp? g lobal_id= T0608 552 828
1 https://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T0608500770 J
How can t find out if these sites are on the list that the State Water Resources Control Board is required to "compile and
maintain" pursuant to Section 65962.5? If you are not the person that can answer my question, I apologize, and hope you
can direct me to that person .
Thank you ,
Randy Shing a i