BLESSING O'DONNELL of 1 PETITION PETITION FOR REVIEW l2

ROGERS JOSEPH O'DONNELL ROBERT C. GOODMAN (State Bar No. 111554) ANN M. BLESSING (State Bar No. 172573) D. KEVIN SHIPP (State Bar No. 245947) 311 California Street San Francisco, California 94104 Telephone: 415.956.2828 Facsimile: 415.956.6457

Attorneys for Petitioner Senior Aerospace SSP

STATE WATER RESOURCES CONTROL BOARD

STATE OF CALIFORNIA

PETITION NO.

PETITION FOR REVIEW

In the Matter of

SENIOR AEROSPACE SSP,

Petitioner

Revised Order to Provide a Technical Report for Subsurface Soil Investigation California Water Code Section 13267 Order No. R4 -2012- 0069 -A01 of the Regional Water Quality Control Board, Los Angeles Region

Pursuant to California Water Code section 13320 and Title 23 of the California

Code Regulations §§ 2050 et seq., Petitioner Senior Aerospace SSP ( "Petitioner ") hereby

petitions the State Water Resources Control Board ( "State Board) for review of Revised

Order to Provide a Technical Report for Subsurface Soil Investigation California Water Code

Section 13267 Order No. R4- 2012 -0069 -A01 ( "Revised Order ") adopted by the California

Regional Water Quality Control Board, Los Angeles Region ( "Regional Board ") on June 20,

2013. The Revised Order purports to require Breeze -Eastern Corporation, Mr. William

Zimmerman, Mr. James Galbraith, and Petitioner to prepare and submit a Subsurface Soil

Investigation Workplan ( "Workplan ") to evaluate the conditions at the property located at

2980 North San Fernando Boulevard, Burbank, California ( "the Site "). Among other things,

the Revised Order contains serious factual errors that render it legally defective, including but

Senior Aerospace SSP's Petition re Regional Board Order No. R4- 2012 -0069 -A01 335096.1

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ROGERS JOSEPH O'DONNELLROBERT C. GOODMAN (State Bar No. 111554)ANN M. BLESSING (State Bar No. 172573)D. KEVIN SHIPP (State Bar No. 245947)31 1 California StreetS an Francisco, Califo rnia 9 410 4Telephone : 415.956.2828Facsimile: 415.956.6457

Attorneys for PetitionerSenior Aerospace SSP


STATE OF CALIFORNIA

In the Matter of PETITION NO.

SENIOR AEROSPACE SSP,PETITION FOR REVIEW

Petitioner

Revised Order to Provide a TechnicalReport for Subsurface Soil InvestigationCalifornia Water Code Section 13267 OrderNo. R4-2012-0069-A01 of the Regional'Water

Quality Control Board, Los AngelesRegion

Pursuant to California Water Code section 13320 and Title 23 of the California

Code Regulations $$ 2050 et seq., Petitioner Senior Aerospace SSP ("Petitioner") hereby

petitions the State Water Resources Control Board ("State Board) for review of Revised

Order to Províde a Technical Report for Subsurface Soil Investigation California Lí/ater Code

Section 13267 Order No. R4-2012-0069-A0.1 ("Revised Order") adopted by the California

Regional Water Quality Control Board, Los Angeles Region ("Regional Board") on June 20,

2013. The Revised Order purports to require Breeze-Eastern Corporation, Mr. William

Zimmerman, Mr. James Galbraith, and Petitioner to prepare and submit a Subsurface Soil

Investigation Workplan ("Workplan") to evaluate the conditions at the property located at

2980 North San Fernando Boulevard, Burbank, California ("the Site"). Among other things,

the Revised Order contains serious factual errors that render it legally defective, including but

vage I

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not limited to improperly naming Petitioner as an entity "responsible for the suspected

discharges of waste" at the Site. Petitioner requests a hearing in this matter.

I. PETITIONER

The name and address of Petitioner is:

Senior Aerospace SSP 2980 North San Fernando Boulevard Burbank, CA 91504 -2566 Attn: Mr. Steven Loye

Petitioner should be contacted through its legal counsel:

ROGERS JOSEPH O'DONNELL ROBERT C. GOODMAN 311 California Street, 10th Floor San Francisco, CA 94104 Telephone: (415) 956 -2828 Facsimile: (415) 956 -6457 E -mail: [email protected]

II. ACTION OF THE REGIONAL BOARD TO BE REVIEWED

The Petitioner requests that the State Board review the Revised Order to

Provide a Technical Report for Subsurface Soil Investigation California Water Code Section

13267 Order No. R4 -2012- 0069 -A01, which improperly names Petitioner and requires

Petitioner and Breeze -Eastern Corporation, Mr. William Zimmerman, and Mr. James

Galbraith to prepare and submit a Subsurface Soil Investigation Workplan for the Site. A

copy of the Revised Order is attached as Exhibit A. This Petition is a protective filing, and

pursuant to 23 Cal. Code Regs. § 2050.5(d), Petitioner requests that this Petition be held in

abeyance by the State Board until further notice.

III. DATE OF THE REGIONAL BOARD ACTION

The Regional Board adopted the Revised Order to Provide a Technical Report

for Subsurface Soil Investigation California Water Code Section 13267 Order No. R4 -2012-

0069-A01 on June 20, 2013.

IV. STATEMENT OF REASONS WHY THE REGIONAL BOARD'S ACTION WAS INAPPROPRIATE OR IMPROPER

As set forth more fully below, the action of the Regional Board was not

supported by the record, and was arbitrary, capricious, and in violation of law and policy.

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not limited to improperly naming Petitioner as an entity o'responsible for the suspected

discharges of waste" at the Site. Petitioner requests a hearing in this matter.

I. PETITIONER

The name and address of Petitioner is:

Senior Aerospace SSP2980 North San Fernando BoulevardBurbank, CA 91504-2566Attn: Mr. Steven Loye

Petitioner should be contacted through its legal counsel:

ROGERS JOSEPH O'DONNELLROBERT C. GOODMAN31 1 California Street, 1Oth FloorSan Francisco, CA 94104Telephone: (415) 956-2828Facsimile: (415) 956-6451E-mail: [email protected]

il. ACTION OF THE REGIONAL BOARD TO BE REVIEWED

The Petitioner requests that the State Board review the Revised Order to

Provide a Technical Report þr Subsurface Soil Investigatíon Caliþrnia Water Code Section

I3267 Order No. R4-2012-0069-A0l, which improperly names Petitioner and requires

Petitioner andBreeze-Eastern Corporation, Mr. William Zimmerman, and Mr. James

Galbraith to prepare and submit a Subsurface Soil Investigation Workplan for the Site. A

copy of the Revised Order is attached as Exhibit A. This Petition is a protective filing, and

pursuant to 23 Cal. Code Regs. $ 2050.5(d), Petitioner requests that this Petition be held in

abeyance by the State Board until fuither notice.

III. DATE OF THE REGIONAL BOARD ACTION

The Regional Board adopted the Revised Order to Provide a Technical Report

for Subsurface Soil Investigation California Water Code Section 13267 Order No. R4-2012-

0069-401 on June 20,2013.

IV. STATEMENT OF REASONS WHY THE REGIONAL BOARD'SACTION WAS INAPPROPRIATE OR IMPROPER

As set forth more fully below, the action of the Regional Board was not

supported by the record, and was arbitrary, capricious, and in violation of law and policy.

Yagg z

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A. Background

The Site is located in Burbank, California, and is occupied by a manufacturing

operation. The Revised Order alleges that Stainless Steel Products /Industries has operated on

the Site since approximately 1952, and that the Site currently is owned by First Industrial

Real Estate, Inc. of Chicago, Illinois.

On September 21, 2012, the Regional Board adopted an Order to Provide a

Technical Report for Subsurface Soil Investigation California Water Code Section 13267

Order No. R4- 2012 -0069 ( "Original Order ") in connection with the Site. A copy of the

Original Order is attached as Exhibit B. The Original Order states that "[o]perations at the

Stainless Steel Products /Industries facility included the use of hexavalent chromium, sodium

dichromate, and chromic acid and that [m]etal coating and finishing processes were part of

the on -site operations." (Original Order, Paragraph 2). The Original Order also notes that

the "Regional Board file information indicates that past operations consisted of Metal coating

and finishing processes" and that the "file information indicates that [Stainless Steel

Products /Industries] used 450 pounds of chromic acid (Alodine 120) to coat parts and 600

pounds of sodium dichromate to clean parts." (Original Order, Paragraphs 4 -5, cited in part).

The Original Order identified Stainless Steel Products and Breeze Eastern Corporation as "the

responsible parties for the discharges and potential discharges of wastes identified in

paragraphs (1) and two (2), because they were /are owners and operators of the facility

directly responsible for the industrial processes involved in the use and storage of wastes at

the property." (Original Order, Paragraph 6).

The Revised Order was adopted by the Regional Board on June 20, 2013. Like

the Original Order, the Revised Order points to Stainless Steel Products /Industries as a

suspected discharger. Specifically, the Revised Order states that "Stainless Steel

Products /Industries is among the suspected sources of waste discharge in the USEPA

Superfund Site because of the chemicals used and the operations conducted at the Site."

(Revised Order, Paragraph 4). Additionally, the Revised Order states that "Stainless Steel

Products /Industries' operations at the site included the use of hexavalent chromium, sodium

dichromate, and chromic acid. Metal coating and metal finishing processes were part of


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A. Background

The Site is located in Burbank, California, and is occupied by a manufacturing

operation. The Revised Order alleges that Stainless Steel Products/Industries has operated on

the Site since approximately 1952, and that the Site currently is owned by First Industrial

Real Estate, Inc. of Chicago, Illinois.

On September 2I,2012, the Regional Board adopted an Order to Provide a

Technical Reportfor Subsurface Soil Investigation California LVater Code Section 13267

Order No. R4-2012-0069 ("Original Order") in connection with the Site. A copy of the

Original Order is attached as Exhibit B. The Original Order states that "fo]perations at the

Stainless Steel Products/Industries facility included the use of hexavalent chromium, sodium

dichromate, and chromic acid and that fm]etal coating and finishing processes were part of

the on-site operations." (Original Order, Paragraph 2). The Original Order also notes that

the "Regional Board file information indicates that past operations consisted of Metal coating

and finishing processes" and that the "file information indicates that fStainless Steel

Products/Industries] used 450 pounds of chromic acid (Alodine 120) to coat parts and 600

pounds of sodium dichromate to clean par1s." (Original Order, Paragraphs 4-5, cited in part).

The Original Order identified Stainless Steel Products and Breeze Eastern Corporation as "the

responsible parties for the discharges and potential discharges of wastes identified in

paragraphs (1) and two (2), because they were/are owners and operators of the facility

directly responsible for the industrial processes involved in the use and storage of wastes at

the property." (Original Order, Paragraph 6).

The Revised Order was adopted by the Regional Board on June 20,2013. Like

the Original Order, the Revised Order points to Stainless Steel Products/Industries as a

suspected discharger. Specifically, the Revised Order states that "Stainless Steel

Products/Industries is among the suspected sources of waste discharge in the USEPA

Superfund Site because of the chemicals used and the operations conducted at the Site."

(Revised Order, Paragraph 4). Additionally, the Revised Order states that "Stainless Steel

Products/Industries' operations at the site included the use of hexavalent chromium, sodium

dichromate, and chromic acid. Metal coating and metal finishing processes were part ofPage J

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the on -site operations conducted by Stainless Steel Products /Industries." (Revised Order,

Paragraph 2).

In contrast to the Original Order, the Revised Order identifies Breeze -Eastern

Corporation, Mr. William Zimmerman, Mr. James Galbraith and Petitioner as "the entities

responsible for the suspected discharges of waste identified in paragraph (2) and (4) because

Mr. William Zimmerman and Mr. James Galbraith were the owners /operators of the facility

[Stainless Steel Products /Industries] where the activities occurred that resulted in the

suspected discharges of waste were performed and [Petitioner] is a subsidiary of Breeze -

Eastern Corporation and successor to Stainless Steel Products /Industries." (Revised Order,

Paragraph 5). 1

The Revised Order's allegations concerning Petitioner are incorrect. Petitioner

has no corporate relationship whatsoever to Breeze -Eastern Corporation. (See Declaration of

Steven Loye in Support of Petition for Review ( "Loye Decl. "), Paragraph 3).2 Petitioner is

also not a "successor to Stainless Steel Products /Industries." Rather, in 1995, Senior

Flexonics, Inc. purchased the assets of Stainless Steel Products, Inc., and Petitioner

subsequently operated those assets. (Loye Decl., Paragraph 4)

B. The Regional Board's Action Was Inappropriate and Improper

The factual basis for naming Petitioner in the revised order is defective

because Petitioner is not a subsidiary of Breeze -Eastern Corporation or a successor to

the liabilities of Stainless Steel Products /Industries.

The Revised Order finds that Petitioner is an entity "responsible for the

suspected discharges of waste" because "Senior Aerospace SSP is a subsidiary of Breeze -

Eastern Corporation and successor to Stainless Steel Products /Industries." (Revised Order,

Paragraph 5). As discussed above, both of these justifications for naming Petitioner on the

1 The Revised Order states that the current owner, First Industrial Real Estate, Inc. of Chicago, Illinois reported that Zimmerman and Galbraith were the first owners /operators of Stainless Steel products /Industries at the Site. (Revised Order, Paragraph 2)

2 The Loye Declaration is being submitted concurrently with the Petition for Review. See also Section X, below.

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the on-site operations conducted by Stainless Steel Products/Industries." (Revised Order,

Paragraph2).

In contrast to the Original Order, the Revised Order identifies Breeze-Eastern

Corporation, Mr. William Zimmerman, Mr. James Galbraith and Petitioner as "the entities

responsible for the suspected discharges of waste identified in paragraph (2) and (4) because

Mr. William Zimmerman and Mr. James Galbraith were the owners/operators of the facility

[Stainless Steel Products/Industries] where the activities occurred that resulted in the

suspected discharges of waste were performed and fPetitioner] is a subsidiary of Breeze-

Eastern Corporation and successor to Stainless Steel Products/Industries." (Revised Order,

Paragraph 5). I

The Revised Order's allegations concerning Petitioner are incorrect. Petitioner

has no corporate relationship whatsoever to Breeze-Eastern Corporation. (See Declaration of

Steven Loye in Support of Petitionfor Review ("Loye Decl."), Paragraph 3).2 Petitioner is

also not a "successor to Stainless Steel Products/Industries." Rather, in 1995, Senior

Flexonics, Inc. purchased the assets of Stainless Steel Products, Inc., and Petitioner

subsequently operated those assets. (Loye Decl., Paragraph 4)

B. The Regional Board's Action Was Inappropriate andImproper

The factual basis for naming Petitioner in the revised order is defective

because Petitioner is not a subsidiary of Breeze-Eastern Corporation or a successor to

the liabilities of Stainless Steel Products/Industries.

The Revised Order finds that Petitioner is an entity "responsible for the

suspected discharges of waste" because "Senior Aerospace SSP is a subsidiary of Breeze-

Eastern Corporation and successor to Stainless Steel Products/Industries." (Revised Order,

Paragraph 5). As discussed above, both of these justifìcations for naming Petitioner on the

I The Revised Order states that the current owner, First Industrial Real Estate, Inc. ofChicago, Illinois reported that Zimmerman and Galbraith were the first owners/operators ofStainless Steel products/Industries at the Site. (Revised Order, Paragraph2)

2 The Loye Declaration is being submitted concurrently with the Petition for Review.See also Section X, below.

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Revised Order are factually incorrect.

Petitioner is not a subsidiary of Breeze -Eastern Corporation, and has no legal

relationship to that entity. (Loyc Decl., Paragraph 3) Additionally, Petitioner is not a

"successor" to "Stainless Steel Products /Industries." Petitioner was formed following

purchase of the assets of Stainless Steel Products, Inc. in 1995, not Stainless Steel

Products /Industries. (Id., Paragraph 4). And because the transaction was an asset purchase,

Petitioner has no liability, as successor, for any of the actions of Stainless Steel Products, Inc.

(See Franklin v. USX Corporation, 87 Cal. App. 4th 615, 621 -622). These factual errors in

the Revised Order undermine the conclusion set forth in Paragraph 5 of the Revised Order

that Petitioner is "responsible" for "suspected discharges of waste" at the Site.

The Revised Order's findings all implicate Stainless Steel Products /Industries

as a potential waste discharger at the Site. The Revised Order links Petitioner to the Site only

by way of the erroneous factual statement that Petitioner is a subsidiary of Breeze- Eastern

Corporation and a "successor" to Stainless Steel Products /Industries. As these assertions are

factually incorrect, the Revised Order should be rescinded as it applies to Petitioner, and

Petitioner should not be named as an entity "responsible for the suspected discharges of

waste" at the Site.

V. THE MANNER IN WHICH PETITIONER HAS BEEN AGGRIEVED

The Petitioner has been aggrieved by the Regional Board's actions because it

will be subjected to provisions of an arbitrary and capricious Revised Order unsupported by

evidence in the record. As a result of being named as an entity "responsible for the suspected

discharge of waste" at the Site, the Petitioner will be forced to shoulder significantly

increased costs of compliance, to bear a heavier burden of regulatory oversight and to suffer

other serious economic consequences to its business operations.

VI. STATE BOARD ACTION REQUESTED BY PETITIONER

As discussed above, Petitioner requests that this Petition be held in abeyance.

If it becomes necessary for Petitioner to pursue this appeal, it will request that the State Board

determine that the Regional Board's adoption of the Order was arbitrary and capricious or

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Revised Order are factually incorrect.

Petitioner is not a subsidiary of Breeze-Eastern Corporation, and has no legal

relationship to that entity. (Loye Decl., Paragraph 3) Additionally, Petitioner is not a

"successor" to "stainless Steel Products/Industries." Petitioner was formed following

purchase of the assets of Stainless Steel Products, Inc. in 1995, not Stainless Steel

Products/Industries. (Id.,Paragraph 4), And because the transaction was an asset purchase,

Petitioner has no liability, as successor, for any of the actions of Stainless Steel Products, Inc.

(See Franklin v. USX Corporation, ST CaI. App. 4th 615, 621-622). These factual erors in

the Revised Order undermine the conclusion set forth in Paragraph 5 of the Revised Order

that Petitioner is "responsible" for "suspected discharges of waste" at the Site.

The Revised Order's findings all implicate Stainless Steel Products/Industries

as a potential waste discharger at the Site. The Revised Order links Petitioner to the Site only

by way of the erroneous factual statement that Petitioner is a subsidiary of Breeze-Eastern

Corporation and a "successor" to Stainless Steel Products/Industries. As these assefiions are

factually incorrect, the Revised Order should be rescinded as it applies to Petitioner, and

Petitioner should not be named as an entity "responsible for the suspected discharges of

\.vaste" at the Site.

V. THE MANNER IN WHICH PETITIONER HAS BEENAGGRIEVED

The Petitioner has been aggrieved by the Regional Board's actions because it

will be subjected to provisions of an arbitrary and capricious Revised Order unsupported by

evidence in the record. As a result of being named as an entity "responsible for the suspected

discharge of waste" at the Site, the Petitioner will be forced to shoulder significantly

increased costs of compliance, to bear a heavier burden of regulatory oversight and to suffer

other serious economic consequences to its business operations.

VI. STATE BOARD ACTION REQUESTED BY PETITIONER

As discussed above, Petitioner requests that this Petition be held in abeyance.

If it becomes necessary for Petitioner to pursue this appeal, it will request that the State Board

determine that the Regional Board's adoption of the Order was arbitrary and capricious or

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otherwise inappropriate and improper, and will request that the State Board amend the

Revised Order to delete Petitioner as an entity "responsible for the suspected discharge of

waste."

VII. STATEMENT OF POINTS AND AUTHORITIES IN SUPPORT OF LEGAL ISSUES RAISED IN THE PETITION

For purposes of this protective filing, the Statement of Points and Authorities is

subsumed in section IV of the Petition. If the Petitioner elects to pursue this appeal, it

reserves the right to file a Supplemental Statement of Points and Authorities, including

references to the complete administrative record, which is not yet available. Petitioner also

reserves its right to supplement its request for a hearing to consider testimony, other evidence

and argument.

VIII. STATEMENT REGARDING SERVICE OF THE PETITION ON THE REGIONAL BOARD

A copy of this Petition is being sent to the Regional Board, to the attention of

Samuel Unger, P.E., Executive Officer and Luz Rabelo, Water Resources Control Engineer.

By copy of this Petition, the Petitioner is also notifying the Regional Board of the Petitioner's

request that the State Board hold the Petition in abeyance. Copies of this Petition are also

being sent to the entities /individuals "responsible for the suspected discharges of waste" as

indicated in the Revised Order.

IX. STATEMENT REGARDING ISSUES PRESENTED TO THE REGIONAL BOARD

Petitioner was not presented an opportunity to comment on or object to the

Revised Order prior to its issuance by the Regional Board. Petitioner wrote to the Regional

Board on July 15, 2013 (see Exhibit C attached hereto), to point out the factual inaccuracies

in the Revised Order and to request that the Revised Order be rescinded as to Petitioner. The

Regional Board never responded to the letter.

X. REQUEST THAT SUPPLEMENTAL EVIDENCE BE CONSIDERED

Pursuant to 23 Cal. Code of Regs. §2050.6, Petitioner requests that the

information contained in the Declaration of Steven Loye, submitted concurrently with this

Petition, be considered by the Water Board. As discussed above, Petitioner was not

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otherwise inappropriate and improper, and will request that the State Board amend the

Revised Order to delete Petitioner as an entity,"responsible for the suspected discharge of

waste."

VII. STATEMENT OF POINTS AND AUTHORITIES IN SUPPORTOF LEGAL ISSUES RAISED IN THE PETITION

For purposes of this protective fîling, the Statement of Points and Authorities is

subsumed in section IV of the Petition. If the Petitioner elects to pursue this appeal, it

reserves the right to file a Supplemental Statement of Points and Authorities, including

references to the complete administrative record, which is not yet available. Petitioner also

reserves its right to supplement its request for a hearing to consider testimony, other evidence

and argument.

VUI. STATEMENT REGARDING SERVICE OF THE PETITION ONTHE REGIONAL BOARI)

A copy of this Petition is being sent to the Regional Board, to the attention of

Samuel Unger, P.E., Executive Ofhcer and Luz Rabelo, Water Resources Control Engineer.

By copy of this Petition, the Petitioner is also notifying the Regional Board of the Petitioner's

request that the State Board hold the Petition in abeyance. Copies of this Petition are also

being sent to the entities/individuals "responsible for the suspected discharges of waste" as

indicated in the Revised Order.

IX. STATEMENT REGARDING ISSUES PRESENTED TO THERE,GIONAL BOARD

Petitioner was not presented an opportunity to comment on or object to the

Revised Order prior to its issuance by the Regional Board. Petitioner wrote to the Regional

Board on July 15,2013 (see Exhibit C attached hereto), to point out the factual inaccuracies

in the Revised Order and to request that the Revised Order be rescinded as to Petitioner. The

Regional Board never responded to the letter.

X. REQUEST THAT SUPPLEMENTAL EVIDENCE BECONSIDERED

Pursuant to 23 Cal. Code of Regs. $2050.6, Petitioner requests that the

information contained in the Declaration of Steven Loye, submitted concurrently with this

Petition, be considered by the Water Board. As discussed above, Petitioner was notrage o

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afforded an opportunity to comment on or object to the Revised Order and therefore was

unable to submit this evidence to the Regional Board. The evidence set out in the Loye

Declaration addresses and directly contradicts the erroneous factual statements in the Revised

Order, specifically that Petitioner is a subsidiary of Breeze- Eastern Corporation and a

"successor" to Stainless Steel Products /Industries. Accordingly, the evidence in the Loye

Declaration is highly relevant and should be considered by the Water Board.

For all of the foregoing reasons, if the Petitioner pursues its appeal, it

respectfully request that the State Board review the Revised Order and grant the relief as set

forth above.

Dated: July 22, 2013 ROC RS JOSEPH O'DONNELL

By: ROBERT C. GOODMAN


Senior Aerospace SSP's Petition re Regional Board Order No. R4 -2012- 0069 -A01 Page '/

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afforded an opportunity to comment on or object to the Revised Order and therefore was

unable to submit this evidence to the Regional Board. The evidence set out in the Loye

Declaration addresses and directly contradicts the erroneous factual statements in the Revised

Order, specifically that Petitioner is a subsidiary of Breeze-Eastern Corporation and a

"successor" to Stainless Steel Products/Industries. Accordingly, the evidence in the Loye

Declaration is highly relevant and should be considered by the Water Board.

For all of the foregoing reasons, if the Petitioner pursues its appeal, it

respectfully request that the State Board review the Revised Order and grant the relief as set

forth above.

Dated: July 22,2013 RO JOSEPH O'DONNELL

By:BERT C. GOOD

Attorneys for PetitionerSenior Aerospace SSP

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PROOF OF SERVICE

I, Clara Chun, state:

My business address is 311 California Street, 10th Floor, San Francisco, CA 94104. I

am employed in the City and County of San Francisco where this service occurs or mailing occurred. The envelope or package was placed in the mail at San Francisco, California. I am

over the age of eighteen years and not a party to this action. On July 22, 2013, I served the following documents described as:

PETITION FOR REVIEW

on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope, with the postage prepaid, addressed as follows:

State Water Resources Control Board Office of the Chief Counsel Jeannette L. Bashaw, Legal Analyst P.O. Box 100 Sacramento, CA 95812 -0100 [email protected]

Mr. Samuel Unger, P.E. Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, CA 90013 [email protected]

Ms. Luz Rabelo Water Resources Control Engineer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, CA 90013 [email protected]

Craig S. Bloomgarden, Esq. Manatt, Phelps & Phillips, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064 -1614 cbloomgarden @manatt. corn


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PROOF'OF SERVICE


My business address is 311 California Street, 1Oth Floor, San Francisco, CA 94104. Iam employed in the City and County of San Francisco where this service eccurs or mailingoccurred. The envelope or package was placed in the mail at San Francisco, California. I am

over the age of eighteen years and not a party to this action. On July 22, 2013,I served the

following documents described as:

PETITION FOR REVIEW

on the following person(s) in this action by placing a true copy thereof enclosed in a sealed

envelope, with the postage prepaid, addressed as follows:

State Water Resources Control BoardOffice of the Chief CounselJeannette L. Bashaw,Legal AnalystP.O. Box 100

Sacramento, CA 958 12-0 1 00j b as haw @w at er b o ards. c a. gov

Mr. Samuel Unger, P.E.Executive OfficerLos Angeles Regional Water Quality Control Board320 West Fourth Street, Suite 200Los Angeles, CA 90013s un ge r @w at e r b o ar ds. c a. gov

Ms. Luz RabeloWater Reseurces Control EngineerLos Angeles Regional Water Quality Control Board320 West Fourth Street, Suite 200Los Angeles, CA 90013I uz. r ab e I o @w at e r b o ar ds. c a. gov

Craig S. Bloomgarden, Esq.Manatt, Phelps & Phillips, LLP11355 West Olympic BoulevardLos Angeles, CA 9Q064-I614c b I o o m gar den@m anatt. c o m

Senior Aerospace SSP's Petition re Regional Board Order No. R4-2012-0069-401 rage ö

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Ms. Sonja Donaldson Acting Director of Environmental Affairs Breeze -Eastern Corporation 35 Melanie Lane Whippany, NJ 07981

Mr. William Zimmerman Owner /Operator Stainless Steel Products 790 Huntington Circle Pasadena, CA 91106 -4510

Mr. James Galbraith Owner /Operator Stainless Steel Products 2600 Mission Street, Suite 200 San Marino, CA 91108

X BY FIRST CLASS MAIL: I am readily familiar with my firm's practice for collection and processing of correspondence for mailing with the United States Postal Service, to -wit, that correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I sealed said envelope and placed it for collection and mailing on July 22, 2013, following ordinary business practices.

X BY ELECTRONIC SERVICE: I caused the documents to be sent to the person(s) at the electronic notification address(es) listed above. Within a reasonable time, the transmission was reported as complete and without error.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed this date at San Francisco, California.

Dated: July 22, 2013 Q-.0 - r s Clara Chun

Senior Aerospace SSP's Petition re Regional Board Order No. R4 -2012- 0069 -A01

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Ms. Sonja DonaldsonActing Director of Environmental AffairsBreeze-Eastern Corporation35 Melanie LaneWhippany, NJ 07981

Mr. William ZimmermanOwner/OperatorStainless Steel Products790 Huntington CirclePasadena, CA 91 106-45 10

Mr. James GalbraithOwner/OperatorStainless Steel Products2600 Mission Street, Suite 200San Marino, CA 91108

X BY FIRST CLASS MAIL: I am readi ly familiar with my firm's practice forcollection and processing of correspondence for mailing with the United States

Postal Service, to-wit, that correspondence will be deposited with the United States

Postal Service this same day in the ordinary course of business. I sealed said

envelope and placed it for collection and mailing on July 22,2013, followingordinary business practices.

BY ELECTRONIC SERVICE: I caused the documents to be sent to the person(s)

at the electronic notification address(es) listed above. Within a reasonable time,the transmission was reported as complete and without error.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correcf andfhat this declaration was executed this date at San

Francisco, California.

Dated: July 22,2013 (L*- U"^*Þ-Clara Chun

X

Senior Aerospace SSP's Petition re Regional Board Order No. R4-2012-0069-A01 Yage v

335096, I

EXHIBIT A

CALIF CIY RIA

Water Boards

Los Angeles Regional Water Quality Control Board

REVISED ORDER TO PROVIDE A TECHNICAL REPORT FOR

SUBSURFACE SOIL INVESTIGATION

CALIFORNIA WATER CODE SECTION 13267 ORDER NO. R4- 2012 -0069 -A01

DIRECTED TO BREEZE -EASTERN CORPORATION, MR. WILLIAM ZIMMERMAN, MR. JAMES GALBRAITH AND SENIOR AEROSPACE SSP

STAINLESS STEEL PRODUCTS /INDUSTRIES

2980 NORTH SAN FERNANDO BOULEVARD, BURBANK, CALIFORNIA

(FILE NO. 104.1005)

EDMUND G. DYtowN Jo. ov¢n14o(1

MAiTHEw fiOl)RICIt1E."!. 511:111:fAli'! rOf: E.NVIH0Nf0i':t4 tAI G111.T1',l'(?N

The California Regional Water Quality Control Board, Los Angeles Region (Regional Board) makes the following findings and issues this Order pursuant to California Water Code (CWC) section 13267, which authorizes the Regional Board to require the submittal of technical and monitoring reports.

1. The groundwater within the San Fernando Valley Groundwater Basin (Basin) has been impacted by discharges of heavy metals, specifically chromium. The San Fernando Valley Superfund Site

(Superfund Site) lies within the Basin. The United States Environmental Protection Agency

(USEPA) and the Regional Board are investigating the potential sources of the discharges to the Basin. The agencies are currently focused on identifying individuals and companies responsible for the discharges of chromium in the Basin and holding them responsible for the investigation and remediation of the source sites. The property located at 2980 North San Fernando Boulevard, in the City of Burbank, California (the Site) is a potential source of chromium and

overlies the Basin.

2. The Site was developed and occupied by Stainless Steel Products /Industries since approximately 1952. The Site is currently owned by First Industrial Real Estate, Inc. of Chicago, Illinois, who reported that Mr. William Zimmerman and Mr. James Galbraith were the first owners /operators of Stainless Steel Products /Industries at the Site. The Site is currently occupied by Senior Aerospace SSP. Senior Aerospace SSP is a subsidiary of Breeze -- Eastern Corporation and a

successor to Stainless Steel Products /Industries. Stainless Steel Products /Industries' operations at the Site included the use of hexavalent chromium, sodium dichromate, and chromic acid. Metal coating and metal finishing processes were part of the on -site operations conducted by

Stainless Steel Products /Industries. In 1987, the USEPA and the Regional Board initiated an

investigation at the Site which focused on volatile organic compounds (VOCs) and not on heavy metals. Therefore, the potential discharge and /or release of chromium based compounds to the soils at the Site, as a result of the past metal finishing operations, has not yet been determined.

3. CWC section 13267(b)(1) states:

"In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or,

MaFI.. Mtí H),AIJIAIV, CHAIN SAMUEL. UNGER, EXECUTIVE OFFICER

320 West 4th St.. Seste 200, Los Angeles, CA 90013 ( www .waterboards.ca.govilosangeles

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Water Boards

Los Angeles Flegi*nal Water Quality Control Board

REVISËD ORDER TO PROVIDE A TECHN]CAL REPORT FOR

su BSURFACE solL TNVESTIGATION

CALIFORNIA WATER CODE SËCTION 13267 ORDER NO, R4-2012-0069-AO1

DIRECTËD TO BREEZE-EASTERN CORPORATION, MR, W¡LLIAM ZIMMERMAN,MR. JAMES GALBRAITH AND SENIOR AËROSPACE SSP

srAr NLESS STEEL PRODUCTS/I N DUSTRT ES

2980 NORTH SAN FERNANDO BOULEVARD, BURBANK, CALÍ FORNIA(FrLË NO. 104.100s)

The California Regional Water Qualíty Control Board, Los Angeles Region (Regional Board) mal<es thefollowing findings and issues thís Order pursuant to California Water Code (CWC) section 1,3267,whichauthorizes the Regional Board to require the submittal of technical and monitoring reports.

t. The groundwater within the San Fernando Valley Groundwater Basin (Basin) has been impacted

by discharges of heavy metals, specifically chromium. The San Fernando Valley Superfund Site(Superfund Site) lies within the Basin. The United States Environmental Protection Agency(USEPA) and the Regional Board are investigating the potential sources of the discharges to the

' Basin. The agencíes are currentlyfocused on identifying individuals and companies responsiblefor the discharges of chromium in the Basin and holding them responsible for the investigationand remedíation of the source sites. The property located at 2980 North San FernandoBoulevard, in the City of Burbank, California (the Site) is a potential source of chromiurn and

overlies the Basin.

2. The Site was developed and occupied by Stainless Steel Products/lndustries since approximately1952. The Site is currently owned by First lndustrial Real Estate, lnc. of Chicago, lllinois, whoreported that Mr. William Zimmerman and Mr. James Galbraith were the first owners/operatorsof Stainless Steel Products/lndustries at the Site. The Site is currently occupied by SeniorAerospace SSP. Senior Aerospace SSP is a subsidiary of Breeze --Eastern Corporation and a

successor to Stainless Steel Products/lndustries. Stainless Steel Products/lndustries'operationsat the Site included the use of hexavalent chromium, sodium dichromate, and chromic acid,Metal coating and metal finishing processes were part of the on-site operations conducted byStainless Steel Products/lndustries. ln L987, the USEPA and the Regional Board initiated an

investigation at the Site which focused on volatile organic compounds (VOCs) and not on heavymetals. Tlrerefore, the potential discharge and /or release of chromium based c<lmpounds tothe soils at the Site, as a result of the past metal finishing operations, has not yet been

determined,

3. CWC section 13267(bX1) states

"ln conducting an investigation specified in subdivision (a), the regional board may requirethat any person who has discharged, discharges, or is suspected of having discharged or,

(lrÊr-r Mill¡rr¡rqrqr!, crr^rR I S¡r,¡ue L UHoüti, ËxÊcu trvÉ oËFrcIH

il20 \,Vost 4th St.. Surte 200, t,os Angelos, CA 90013 | www.watorboards.ca.go\,,/rosarìgêles

Mr. Jim Sasselli

Senior Aerospace SSP

- 2 - June 20, 2013

discharging, or who proposes to discharge waste within its region, or any citizen or

domiciliary, or political agency or entity of this state who has discharged, discharges, or is

suspected of having discharged or discharging, or who proposes to discharge waste

outside of its region that could affect the quality of waters within its region shall furnish,

under penalty of perjury, technical or monitoring program reports which the regional

board requires. The burden, including costs, of these reports shall bear a reasonable

relationship to the need for the reports and the benefits to be obtained from the reports.

In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that

supports requiring that person to provide the reports."

4. The Regional Board has obtained evidence indicating that there is a potential for discharge of

waste at or from the Site. Regional Board files indicate that operations at the Site consisted of metal coating and metal finishing processes which included the use of hexavalent chromium,

sodium dichromate, and chromic acid. Stainless Steel Products /Industries is among the

suspected sources of waste discharge in the USEPA Superfund Site because of the chemicals

used and the operations conducted at the Site. It is known that groundwater within the

Superfund Site, including the vicinity of the Stainless Steel Products /Industries facility, is

polluted with VOCs and heavy metals, particularly chromium. To date, a complete subsurface

investigation of heavy metals in soil or groundwater has not been performed at the Site.

5. This Order identifies Breeze -Eastern Corporation, Mr. William Zimmerman, Mr. James Galbraith

and Senior Aerospace SSP as the entities responsible for the suspected discharges of waste

identified in paragraph two (2) and four (4) because Mr. William Zimmerman and Mr. James

Galbraith were the owners /operators of the facility where the activities occurred that resulted in the suspected discharges of waste were performed and Senior Aerospace SSP is a subsidiary

of Breeze -Eastern Corporation and successor to Stainless Steel Products /Industries.

6. This Order requires the persons /entities named herein to prepare and submit a Subsurface Soil

Investigation Workplan (Workplan) in order to evaluate the conditions at the Site and determine if any discharges of heavy metal compounds, specifically chromium, has impacted the soils

beneath the Site that could consequently pose a threat to groundwater. You are expected to submit a complete Workplan, as required by this Order, to the Regional Board. The Regional

Board may reject the Workplan if it is deemed incomplete and /or require revisions to the

Workplan under this Order.

7. The Regional Board needs this information in order to determine whether the Site is a source of discharges of waste, specifically chromium, and to determine whether the subsurface soil

conditions at the Site are causing or threatening to cause discharges of waste to the waters of

the State within the Basin.

8. The burdens, including costs, of these reports bear a reasonable relationship to the need

for the reports and the benefits to be obtained from the reports. The information is

necessary to identify sources of discharges of waste to the Basin and to assure adequate

cleanup of the Stainless Steel Products /Industries facility, which as described above potentially poses significant threats to public health and the environment.

9. The issuance of this Order is an enforcement action by a regulatory agency and is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to

Mr. Jim Sasselli


2 June 20, 201-3

discharging, or who proposes to discharge waste within its region, or any citizen or

domiciliary, or political ãgency or entity of this state who has discharged, discharges, or is

suspected of having discharged or dischargíng, or who proposes to discharge waste

outside of its region that could affect the quality of waters within its region shall furnish,

under penalty of perjury, technical er monitoring program reports which the regional

board requires. The burden, including costs, of these reports shall bear a reasonable

relationship to the need for the reports and the benefits to be obtained from the reports.

ln requiring those reports, the regional board shall provide the person with a writtenexplanation with regard to the need for the reports, and shall identífy the evidence thatsllpports requiring that person to provÍde the reports."

4. The Regional Board has obtained evidence indícating that there is a potential for discharge of

waste ät or from the Site. Regional Board files indicate that operations at the Site consisted of

metal coating and metal finishing processes which included the use of hexavalent chromium,

sodium dichromate, and clrromic acici. Stainless Steel Prorlucts/lndustries is among the

suspected sources of u¡aste discharge in the USEPA Superfund Site because of the chemicals

used and the operations conducted at the S¡te. lt is known that groundwater within the

Superfund Site, including the vicinity of the Stainless Steel Products/lndustries facility, is

polluted with VOCs and heavy metals, particularly chromium. To date, a complete subsurface

investigation of heavy metals in soil or groundwater has not been performed at the Site,

5. Thís Order identífies Breeze-Eastern Corporation, Mr. Williarn Zimmerman, Mr. James Galbraith

and Senior Aerospace SSP as the entities responsible for the suspected discharges of waste

identified in paragraph two (2) and four (4) because Mr, William Zimmerman and Mr. James

, Çalbraith were the owners/operators of the facility where the activities occurred that resulted

in the suspected discharges of waste were performed and Senior Aerospace 5SP is a subsidiary

of Breeze-Eastern Corporation and successor to Stainless Steel Products/lndustries,

6. Thls Order requires the persons/entities named herein to prepare and submit a Subsurface Soil

lnvestigation Workplan (Workplan) in order to evaluate the conditions at the Site and determineif any discharges of heavy metal compounds, specifically chromium, has impacted the soils

beneath the Site that could consequently pose a threat to groundwater. You are expected tosubmit a complete Workplan, as required by this Order, to the Regional Board. The Regional

Board may reject the Workplan if it is deemed incomplete and/or require revisions to the

Worl<plan uncler this Order.

7, The Regional Board needs this informatíon in order to determine whether the Site is a source ofdischarges of waste, specifically chromíum, and to determine whether the subsurface soil

conditíons at the Site are causing or threatening to cause discharges of waste to the waters ofthe State within the Basin.

8. The burdens, including costs, of these reports bear a reasonable relationship to the need

for the reports and the benefits to be obtained from the reports. The information is

necessary to identify sources of discharges of waste to the Basin and to assure adequate

cleanup of the Stainless Steel Products/lndustries facility, which as described above potentíallyposes significant threats to public health and the environment.

9. The issuance of this Order is an enforcement action by a regulatory agency and is categorically

exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to

Mr. Jim Sasselli


- 3 - June 20, 2013

section 15321(a)(2), Chapter 3, Title 14 of the California Code of Regulations. This Order

requires submittal of technical and /or monitoring reports and work plans. The proposed

activities under the work plan are not yet known. It is unlikely that implementation of the work

associated with this Order could result in anything more than minor physical changes to the

environment. If the implementation may result in significant impacts on the environment, the

appropriate lead agency will address the CEQA requirements prior to implementing any work

plan.

lo. Any person aggrieved by this action of the Regional Board may petition the State Water

Resources Control Board (State Board) to review the action in accordance with Water Code

section 13320 and California Code of Regulations, title 23, sections 2050 and following. The

State Board must receive the petition by 5:00 p.m., 30 days after the date of this Order, except

that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state

holiday, the petition must be received by the State Board by 5:00 p.m. on the next business day.

Copies of the law and regulations applicable to filing petitions may be found on the Internet at

the following link:

http: / /www.waterboards.ca.gov /public notices /petitions /water quality

or will be provided upon request.

THEREFORE, IT IS HEREBY ORDERED that Breeze -Eastern Corporation, Mr. William Zimmerman, Mr.

James Galbraith and Senior Aerospace SSP, pursuant to section 13267(b) of the CWC, are required to:

1. Submit a Subsurface Soil Investigation Workplan (Workplan) to the Regional Board by August 2,

2013. Guidance documents to assist you with this task can be found on the Internet at the

following links:

"General Work Plan Requirements for a Heavy Metal Soil Investigation" httaillwww.waterboards.ca.gov/losangelesJwater issues /programs /remediation /General

Workplan Requirements for a Heavy Metals Soil Investigation.pdf

"Interim Site Assessment & Cleanup Guidebook (May1996)," http: // www. waterboards.ca.gov /losangeles /water issues /programs /remediation /may1996 voc

guidance.shtml

"Quality Assurance Project Plan" http: // www. waterboards .ca.gov /losangeles /water issues /programs /remediation /Board SGV-

SFVCleanupProgram Sept2008 QAPP.pdf

2. The Workplan shall include detailed information of former and existing chromium storage,

hazardous waste management, and associated practices.

3. The Workplan must also include proposed soil sampling boring locations which shall extend to a

minimum depth of 25 feet below ground surface in the areas of the previous plating processes

and waste treatment (sumps, clarifiers, etc.), hazardous waste storage area, and chemical

storage area.

4. The Workplan must contain a health and safety plan (HASP), as per the guidelines.

Mr. Jim Sasselli


-3- June 20, 2013

section 15321(a)(2), Chapter 3, Title 14 of the California Code of Regulat¡ons. This Order

requires submittal of technical and/or monitoring reports and work plans. The proposed

activities under the work plan are not yet known. lt is unlíkely that implementation of the work

associated with this Order could result in anything more thän minor physical changes to the

environment. lf the implementation may result in significant impacts on the environment, the

appropriate lead agency will address the CËQA requirements prior to implementing any work

pla n.

1"0. Any person aggrieved by this action of the Regional Board may petition the State Water

Resources Control Board (State Board) to review the action in accordance with Water Code

section 13320 and California Code of Regulations, title 23, sections 2050 and following. The

State Board must receíve the petition by 5:00 p.m., 30 days after the date of this Order, except

that if the thirtieth day following the date of this Order falls on a Saturday, Sunday, or state

holiday, the petition must be received by the State Board by 5:00 p,m. on the next business day.

Copies of the law and regulations applicable to filing petitions nray be found on the lnternet at

the following link:

http://www.waterbeards.ca.sovlpuþlic. notices/petitlons/water qualitv

or will be provided upon request.

THEREFORE, lT lS HEREBY ORDERED that Breeze-Eastern Corporation, Mr. William Zimmerman, Mr

James Galbraith and Senior Aerospace SSP, pursuant to section L3267(bl of the CWC, are required to:

i..,. Submit a Subsurface Soil lnvestigation Workplan (Workpfan) to the Regional Board by August 2,

2013. Guidance documents to assist you with this task can be found on the lnternet at the

following links:

"Generol Work PIan Requirements for a Heovy Metol Soil lnvestigotion"erboa rds.ca m re diatio enera

Workplan Requirements for a Heavv Metals Soil I nvestisatio n. ndf

"lnterlm Site Assessment & Cleanup Guidebook (Moy7996),"

htto://www,waterboa rds.ca.sovllosa neeles/wa r issues/oroprams/remediation/mavL996 voc

uida rrce,shtnrls

"Quality Assurdnce Project PIon"htf n://www.waterboards.ca.sov/losa neeles ter i qsues/nroørams/remedia riorr/Board SGV-

SFVClea nu oProsram Seot2008 OAPP.odf

Z. The Workplan shall include detailed information of former and existing chromium storage,

hazardous waste management, and associated practices.

3. The Workplan must also include proposed soil sampling boríng locationswhich shallextend to a

minimum depth of 25 feet below ground surface in the areas of the previous plating processes

and waste treatment (sumps, clarifiers, etc,), hazardous waste storage area, and chemical

storage area,

4. The Workplan must contain a health and safety plan (HASP)/ as per the guidelines.

Mr. Jim Sasselli


- 4 - June 20, 2013

5. The Workplan shall include a detailed schedule of implementation of the Workplan, including field work and providing a report of the results to the Regional Board.

6. Upon approval, the Workplan shall be implemented and a report summarizing the results according to the approved schedule must be submitted to the Regional Board.

The above item shall be submitted to:

Ms. Luz Rabelo

Water Resources Control Engineer Remediation Section Los Angeles Regional Water Quality Control Board

320 West 4th Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576 -6783 Email: luz.rabelo @waterboards.ca.Rov

Pursuant to 13267(a) of the CWC, any person who fails to submit reports in accordance with the Order is

guilty of a misdemeanor. Pursuant to section 13268(b)(1) of the CWC, failure to submit the required Workplan described above by the specified due date(s) may result in the imposition of administrative civil liability by the Regional Board in an amount up to one thousand dollars ($1,000) per day for each

day the Workplan is not received after the above due date. These civil liabilities may be assessed by the Regional Board for failure to comply, beginning with the date that the violations first occurred, and without further warning.

The Regional Board, under the authority given by the CWC section 13267, subdivision (b)(1), requires you to include a perjury statement in all reports submitted under the 13267 Order. The perjury statement shall be signed by Mr. William Zimmerman and Mr. James Galbraith and a senior authorized Breeze- Eastern Corporation and Senior Aerospace SSP representative (not by a consultant). The perjury statement shall be in the following format:

"I, [NAME], certify under penalty of law that this document and all attachments were prepared by me, or under my direction or supervision, in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

The State Board adopted regulations (Chapter 30, Division 3 of Title 23 & Division 3 of Title 27, California Code of Regulation) requiring the electronic submittal of information (ESI) for all site cleanup programs, starting January 1, 2005. Currently, all of the information on electronic submittals and GeoTracker contacts can be found on the Internet at the following link:

http : / /www.waterboards.ca.Rov /ust /electronic submittal.

Mr. Jim Sasselli


-4- June 20, 2013

5, The Workplan shall include a detailed schedule of implementat¡on of the Workplan, includingfield work and providing a report of the results to the Regionaf Board.

6. Upon approval, the Workplan shall be implemented and a report summarízing the resultsaccording to the approved schedule must be submítted to the Regional Board.

The above item shall be submítted to

Ms. Luz Rabelo

Water Resources Control EngineerRemediation SectionLos Angeles Regional Water Quality Control Board

320 West 4th Street, Suite 200Los Angeles, California 90013Phone: (213) 576-6783Email: luz,raf elo @wate

Pursuant to 13267(a)of the CWC, any person who fails to submit reports in accordance with the Order is

guilty of a misdemeanor. Pursuant to section 13268(b)(1) of the CWC, failure to submit the requiredWorkplan described above by the specified due date(s) may result in the imposition of administrativecivil líability by the Regional Board in an amount up to one thousand dollars (S1,000) per day for each

day the Workplan is not received after the above due date. These civil liabilities may be assessed by theRegional Board for failure to comply, beginning with the date that the violations first occurred, and

without further warning.

The Regional Board, under the authority given by the CWC section 13267, subdivision (b)(1), requiresyou to include a perjury statement in all reports submitted under lhe 1,3267 Order, The perjurystatement shall be signed by Mr. William Zimmerman and Mr. James Galbraith and a senior authorizedBreeze-Eastern Corporation and SeniorAerospace SSP representative (not by a consultant). The perjurystatement shall be in the following format:

"1, INAME], certify under penalty of law that this document and all attachments wereprepared by me, or under my direction or supervision, in accordance with a systemdesígned to assure that qualified personnel properly gathered and evaluated theinformation subrnittecl. Based on my inquiry of the person or persons who rnanage thesystem, or those persons dírectly responsible for gathering the information, theinformation submitted is, to the best of my knowledge and belief, true, accurate, and

complete. lam aware that there are significant penalties for submitting falseinformation, including the possibility of fine and imprisonment for knowing violations,"

The State Board adopted regulations (Chapter30, Division 3 of Title 23 & Division 3 of Title 27, CaliforniaCode of Regulation) requiring the electronic submittalof information (ESl)for allsite cleanup programs,starting January L, 2005, Currently, all of the information on electronic submittals and GeoTrackercontacts can be found on the lnternet at the following link:

htlp ://r¡{ww.r,ya tç f bo a rd s. ca. gov/us!/e I ect ro n ic s u b m itta I

Mr. Jim Sasselli


5 - June 20, 2013

To comply with the above referenced regulation, you are required to upload all technical reports,

documents, and well data to GeoTracker by the due dates specified in the Regional Board letters and

orders issued to you or for the Site. However, the Regional Board may request that you submit hard

copies of selected documents and data in addition to electronic submittal of information to GeoTracker.

SO ORDERED.

Samuel Unge , P.E.

Executive Officer

- z. v r- 2-0/3 Date

Mr. Jim Sasselli


-5- June 20,2013

/"

To comply wíth the above referenced regulation, you are required to upload all technical reports,

documents, and well data to GeoTracker by the due dates specified in the Regíonal Board letters and

orders issued to you or for the 5ite. However, the Regíonal Board may request that you submit hard

copies of selected documents and data in addition to electronic submittal of information to GeoTracker.

SO ORDERED

t - zu-zo/3Samuel Un P.Ë Date

Executive Officer

EXHIBIT B

Water Boards

Los Angeles Regional Water Quality Control Board

ORDER TO PROVIDE A`I'ECI:INICAI. REPORT FOR SUBSURFACE SOIL INVESTIGATION

CALIFORNIA WATER CODE S.FCTION 13267 ORDER NO. R4-2012-0069

DIRECTED TO S'T'AINLESS STEEL PRODUCTS/INDUSTRIES AND BREEZE EASTERN CORPORATION

STAINLESS STEEL PRODUCTS /INDUSTRIES 2980 SAN FERNANDO BLVD., BURBANK, CALIFORNIA

(\V1P FILE NO. 104.1.002)

The loos Angeles Regional Water Quality Control Board (Regional Board) makes the following findings and issues this Order pursuant to California Water Code (C \ \'C) section 13267.

The groundwater within the San Fernando Valley Groundwater Basin has been impacted by heavy metals, specifically chromium. As a result of the groundwater impacts, we are investigating potential sources of the contamination. The current investigation, led by US Environmental Protection Agency (I SI PA) and the Regional Board, is focused on identifying individuals and companies responsible for the chromium contamination in the region and holding them responsible for the investigation and iemediation of the affected site. The above Site is located in the investigative area, and therefore_ you are required to comply with this order.

"l'he site (Site), located at 2980 San Fernando Boulevard, Burbank, California, was developed and occupied by Stainless Steel Products /Industries (SSP) since 1952. The property is currently owned by First Industrial Real Estate, Inc. of Chicago, Illinois. The facility is occupied by Senior Aerospace SSP, a subsidiary of Breeze -Eastern Corporation of New Jersey, and a successor to Stainless Steel Products. In 1987, the United States Environmental Protection Agency (USEPA) and the Regional Board initiated an investigation at the Site to determine whether past operations had resulted in a discharge and /or release of volatile organic compounds (VOCs) to the soils. Operations at the Stainless Steel Products /Industries. facility included the use. of hexavalent chromium, sodium dichromate, and chromic acid. Metal coating and finishing processes were part of the on -site operations. The soil investigation that was conducted in 1987 focused on VOCs and not heavy metals. lute potential discharge and /or release of chromium based compounds to the soils at the Site, as a result of the past metal finishing, operations, has not been determined.

3. The C'WC section 13267(b)(I) states, in part: In conducting an investigation, the Regional board may require that any person who has discharged, discharges, or is suspected of having discharged or, discharging, or who proposes to discharge waste within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the Regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the Regional Board shall provide the person with a written explanation \vith regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports.

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Los Angeles Reç¡ional Water Quality Control Board

o}lrHiR T() prì.ûvlnË Á.'l'tìcr{NICAL rt¡lpol{lf FûltSTiIISUITI¡ACIi SOIL INVIISTIGÄT' ION

C,,I,LIFOI{NIA W¿.T'EIì. COI)E SRCI'IOJT I3267 OIIÐEIT NO. T\4.2{Jfl.A069

D I Iìü C'Ttil) TO S'IA IN T,Ii SS S'f' Ti[L PROD TJ (]TS/I NDU S'rlIIlifìAll{D Il ltlillZ E ]l.tSi'f'Ii IlN C O l{Pl) It z{T'I () N

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(\vil, FILI' N(). 101,t002)

'l-he ["os r\rtgclcs l{cgional \liaterQuality Contlc,l t3oalcì (lìegional l}oarcl) nra]<cs thc lbllorvÌrrg Iirrdirrgsrtnd issues this Ordcr pursu¿lnr fo Califrllnia \\¡ater Clode (CWC) scctíolr 1i?(;l,

'l'he grorrrrdrt'atct'tt'ítlrin tlle San [ìclnatLtlo Vaìlc,v Croun¿[rvater lJasin has treen irrrpactccl bylleaVv ntclals- s¡lccifically'chl.onriuIu. As a result ol'' lhe groundrvater irnpacls. \\/c iìrcittveslirrafirtg potslìtiill soLrrccs ol'thc contanlina[ii'lr. l'he cr]rrent invesl igotion, lecl by USDrlvilonnrr'nlnl Plotcctiorr,Agency (liSIlPA.¡ ¡rncl tllc I{eilional lìoarcl, is l'cicusecl orr icleutìfyingindivicJt¡rls atttl cclrn¡tÍrrLics rcs¡rorrsihle k:r the cJrronrir,lnì contarn¡n.ltion in tlre regiou arrcl lroldingt.ltettt res¡rortsiLrle fìll tlie irrvcstig¿fion RrrcJ rrulecliatiorr of ihe ¿lff'ectccl site,'l-he aLrover Site isIoc'atcd in tllc i¡rr¡estigativc ¿trea. and tlicrel'r-llc. \/orr ilre lcqrrirecl tù cor'ì1ply rvith this olcler,

2. 'l'he sitc lSite). locafcd at ?980 Sou lrcrnan¿lo lloLllcva¡'d, Bulbank. Califbl'nia. rvas devclo¡:ed¿ìltd rlccupiccl by Stainle ss Stcel Procltrc'lsilnclustlics (SSI)) since 1952. 'fhe pro¡rcrty is curlerrtll,orvrtccl bv Filsl lllcluslrí¿¡lIìcal l-isfatc, Illc. of'Chicago" Illinois.'l'he' l'acility is occupiecllrv SeniorAerospRcrl SSP, a srrlrsidiary of'Breeze-Eastet¡t Cc)tpc)r-;.Ìtion ol Nc,u, JctsÈr,, and a succes.^c.lr toSlairtlcss Stecl ProdLrcts. [n 1987. the Llnitecl Statcs [:invironrlent¡l [)rofectiolr Agcncl, (UStìPA)arrd tltc Iì.egional IJoalci initiaf ecJ atr inicslii¿ation at the Site to cfetel'nrille u,hethel"past o¡relationshnd l'esullecl in a cliscllal'gc itntl/trr le leuse of'r,olatile organic cant|)oundr^ (VOCs) to thc soifs.Opctafions at fhe 51"¡inlcss Steel l)r'odr¡cls/Lldustries làcilit,v inclrrcled (he use of' he.r¿lvalentclttotnittnt, sc¡cliutl ciichronta(e. arrrj chrorlric acitJ. l\lctaI coating aucl finisllin!l l]¡:ocesses \\/erepart of the on-sitc o¡rcraliotts. J-hc soil invcsiigation [hat n,as coltducted irr 1987 f'ocrrsccl orr\¡OCls anrì nof lici'tv¡, 111s1¡¡s, 'l'he

lloLctttial clischat'ge ancl/ol leleasc ol"chrorniunt brseci com¡rourrcfsto the soils at the SìÍe, as a resLrlt olthe past ruetirl finishins. opcratìons, Iras not lreen cJetennined.

3. 'l"hc C!\¡(l seçrit.r¡t 1i267(bXl) states. iu ¡:itrt; ln cunclucriug rn inr,cstigiìtion. the I{egionnl bonrrlnta¡.' t-cc¡uirc that attr' l)c¡'srìn u'ho Ìlas clischalced, dischargcs, ol is suspectecl ol havinq cliscirargedor. clischargi¡lg. o¡'tvhcl ì)r"olxlscìs to tlischalgc q'aslc u,ithin its rcsioll sllall lirLnish, undel'¡renaltv of'pet'fttrr'. tccllnic¿rl or'ìltr)tritoriltt progr'ån) r'eJrorls uhjc:h the lìegional boalcl rer¡Lrìles. 'l'he burden,inciudirrg Çosts, ûl'thcsc lc¡:clrts shall bcar a reasonable reiationship 1o thc ueecl fr-rr the report anclthc. bcncfÌts 1o be otrlaíttecl liol¡ thc t'e¡rorts. hi rcqrriling those lepods, tho Jìegionnl Bo¿¡r'cl shnilprùr¡idc tltc pcrsort r¡'ith ¡ u'rítfen cxplanatiotr rvitll re*al'cJ to tl¡e neccl lor the t"epoils. ancl sìrallidelllil'l'the ci'idet:ce lltrtt su¡tports rcc¡trír'irrg that ¡lerson lo plovìclc tlre re¡rorts,

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Ms. Donaldson, iter, Zianmernran, and I\'lt', Galbraith WIP File No. 104,1002

September 21, 201 2

The Regional Board file information indicates that past operations consisted of Metal coating and finishing processes. Chemical compounds reportedly used at the site include hexavalent chromium, sodium dichromate, and chromic acid. To date, no subsurface heavy metals soil or groundwater investigation has been performed at the Site

The Regional Board file information in support of this requirement is the use of chromium containing compounds in metal finishing and coating processes. The file information indicates that SSP used 4510 pounds of chromic acid (Alodine I20) to coat parts and 600 pounds of sodium dichromate to clears parts.

6. "l'iris Order identifies Stainless Steel Products and Breeze Eastern Corporation as the responsible parties for the discharges and potential discharges of wastes identified in paragraphs one (1) and two (2), because they were/are owners and operators of the facility directly responsible for the industrial processes involved the use and storage of the wastes at the property.

5. 'l"his Order requires the persons /entities named herein to prepare and submit a Work Plan to conduct a subsurface soil investigation to determine if any unauthorized release of heavy metal compounds has impacted the soils beneath the site that could consequently pose a threat to the groundwater,

6. The Regional Board needs this information to determine the subsurface soil conditions at the Site as port of efforts to identify sources of chromium contamination in the San Fernando Valley.

7 The burdens, including costs, of these reports bear a reasonable relationship to the need for the reports and trie benefits to be obtained from the reports. The information is necessary to assure adequate cleanup of the SSP property, which as described above potentially poses significant threats to public health and the environment.

8 'fire issuance of this Order is an enforcement action by a regulatory agency and is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15321(a)(2), Chapter 3, Title 14 of the California Code of Regulations. This Order requires submittal of technical and /or monitoring reports and work plans. The proposed activities under the work plans are not yet known. It is unlikely that implementation of the work plans associated with this Order could result in anything more than minor physical changes to the enviroiuraent. if the implementation may result in significant impacts on the environment, the appropriate lead agency vwill address the CEQA requirements prior to implementing any work plan.

Any person aggrieved by this action of the Regional Water Board may petition the State Water Resources Control Board (State Water Board) to review the action iri accordance with Water Code section 1 3320 and California Code of Regulations, title 23, sections 2050 and following.

1 "tie Stare Water Board insist ic'ceii'e the petition by 5:00 p.m.., 30 days after the date of this Order, except that it'the thirtieth day following the elate of this Order falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board by 5:00 p.m. on the nett business day. Copies of the laws- and regulations applicable to filing petitions may be found on

lr'1s. Do¡ralclso¡r, i\4r, Zirrirlrcr1rran, arìcl

N'1r CalbraithWIP fìile No. 104.1002

Sc¡rlernber 2l,2012

4. l'[re I(cgional [Joalcl filc ilrlil'rrlaiion i¡lclic,arcs tlrût past operaf.ion.s ctlnsistcd of'l\4ctal coaling¡rnd lirrishing ploccsses, Cjlteulical contl;rorlrrcls repr:11c'clly used at tlie site inclucle hcxavalcntcltrornirrrr. socliunt cJichrtrntatc', and chronric acid. l'o datc, no subsLlrfhcc hc¿r,v rnetals soil orgr'orrrrclu'ater irrvestiglticln hns Lreen perfÌ"rnnecl at tllc Site

i. 'l he f{cgiolr¿tl lSoirrcl lilc inf'crnltatiorr in supl]ol't of tllis r-etprirerncrut is the use cl{'chronriunlcorrtuirríng corttpouucls itr lnctal iìnisliing ancl coating llroces$É1s,

'f-he lìlc inlilntration inclicatestlrat SSP used 45() ¡lounds of cht'ornic acirl (AIocline f 20)Ío coâl, ¡:arts nnd 600 pouurls ol'socÌiuuldiclirclu¿rte to clearL 1:arts.

('|, -l'liis Orc{er íclentiJies Stainlcs:; Sfc-.cl Proclr¡cts ancl Breczc Ijastel'tL Corporation as ttrc respcnsible

¡:llties ftrr tlle dischar"rtc,s atrd ¡iolrerttill cìiscltarqes of u'astc's idcnti fiecl in palagraphs one (l) arrd

tu'o (2). bec¡usc they u'clcr/alc o\vrìcrs itrrd operal.ols ol'thc fac.i lity cliLectl¡, r'csllonsi[rle fbr thcincltrslrial prôccssús involvcd the usc arrcl stolage ol'the rvastcs at thc propelt.y,

S. 'l'his Order rccluilcs llte persons/cnf.ities nanlccl lrercin to prel)alc aucl suLlnít a \\)orJt I,l¿rn tocoucJLrct a substtrfilcc sr;il invcsfigâtion to (L'telnlillc if'an)¡ rlnaulhr:riz-c,cl releasc 6¡ he¡vy, rrretal

contpouttcls [tits itl¡:actccl the soils belrcath the sitc that coLllcl conser¡uenlly pcrse a tlireal to therlrotrndrr,itlÊr,

6. 'I-he ltc'qiollal Boitrcl nceds tltìs infixnlatic¡rl ro dctcr'¡lri¡ie the subsL¡r1-ace soil conditio¡ls at thc Siteas p¿ut of efltlrts to idcntif-v söulcc.s of chrluliuul contarnination in thc S¿iu lìel'nauclo Valler..

I 'lhc bLtt'clctts, incluclirtg cosis. oI'these le¡:ctlts l¡cal a lea:;onable t'elatir;rrslrip to the rreecf lol thc:

lepol'ts antJ thcr benc'JÌts to bc otrtilinccJ iì'orn the leports.'['llc inf'olnlalion is r.lcìiJessary to ¿tsslue

acfecluatc clearrLt¡r of the SSP plo¡rcrt1', ivhicl,t as cJcscr¡'ibcil irhovc ¡.roten(í¿rll-v lroses signilicantthrcats to ¡rLrblic health ancl {he clivil'clllnlcllt

lJ l-he issttancc tlIthis Orclct is ¡tn clr{brcellrent aclion b¡, a letulal()l'\i iìgenÇ)/ ¿urcl is catErqoricallycxcrrr¡:f Iì-o¡:t thc plovisious ol'thc Cìalil'ornia IJnvironntental (lualiLy Act (ClìQÄ) pursrrant toì!^ecïíon 15321(aXl), Cha¡rter 3, 'l'itlc 1.1 ol'the Colif'oriri¡ Cc;de r:f Resr¡iatir:ns. '['his

Orclor'rcc¡lrires sttbruitttl oJ' techllical lrlrJ/or rnonìtor iug l'rf)Õlts ancl r.r,olk Itlans. lhc 1:roposedâctivities itndet'1hc rvorlt lllans flre not yct krror.r'n. It is uulikely thal inrplcrnelltatíon of'tl'¡c u,orliplatrs l.tssocí¡.rtccf rvitli this OlcleL coLrld resulf in artr'thing rì.tol'e lh¿'ut rninor ¡rhvsicaI cllnnses tcl thcelrvirtltt¡:rcut. lf'the itripletttelttatiou rrtay result in .signifìcant irrr¡:racts on the environnlent. thea¡:pro1"tt'iate lctd agettcv u,ill ¿¡drJl'ess the ClËQ,{, r'ecprirernents priol to inr¡rlenrenting an;- u,or.k

¡:larr.

9 .4n.v pcl'soll aggt'ieveii b), thir^ ¿ìctioll ol'the I{csir¡ltal \\¡¡tc¡' [Joal'cl rrrav ¡lelìf io' the State WaterResourccs (lonl¡'ol 13oartl (Statc \!'atc'r'Iloard) to lcvicrv the aclion in accolcJa¡rce rvith W¿ilcl(lode scctiorr liì320 oncl Clalifìr'nia Coclc of l{cgulalions, tif le 21. scctions 20-i0 and lbllon'irrg.'l'lrc

St¿itr-r \\,'atcl Rourd rnust r'((aiye llLc pctirion b¡, 5:()lJ ¡:.nr.., j0 davs afier thc clale of thisOrclûr" cxcÌcpt fhat if'thc thirlieth clay fbllorving thc clate of'Lhis Ol'clcr'l'alJs on a Salrrrclar,. Srrndal,.ot st¿tlc lrolic1a1,. tlre ¡:etitiort Intrst bc: r'*crir.ccl Lr;'the Stalc'\\/ater []oalcl Lr,r'5:00 p.m. óìl rhc nextbtrsitress clay. Copies of'tlte law'nntl legulations applicable to f.íling petitir-rns nra¡- be fìrunr-l on

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Ms. Donaldson, Mr. Zimmerman, and 3

Mr. Galbraith \VIP File No. 104..1002

September 21, 2012

the Internet at: http://www.w_aterboards.cov/public rt OtiCesL etjtìonStw tter clu tlitV or will be provided upon request.

THEREFORE, IT IS HEREBY ORDERED that Stainless Steel Products /Industries and Breeze Eastern Corporation, pursuant to section 13267(b) of the CV/Ç, are required to submit the following:

1, By October 22, , 2.012 submit a Work Plan for a subsurface soil investigation. We are providing a

guidance document entitled "(General Work Plan Requirements for a Healy Metal Soil Investigation" to assist you with this task. This document is provided as Appendix B. Additional information can be found in our guidance manual entitled "Interim Assessment &..

Cleanup Guidebook alay1996)," which can be found at the Regional Board web -site at: http:/ /\ww1\ w\atc.laicards.ca.aov losana lesimater. Issue s!proffams't:emediation /mav196 oc_.

idtl7ee,sh tot i. - -- ---- . - -._

In addition, your Work Plan shall be developed following the applicable components of the Regional Board's "Guidelines pr Report Submittals, ,Section l'I. Site Assessment Plans, (March 1991, Revised ,Juive 1993). A copy of the guidelines can be found at the following UR.L vebsite: http: //w\ \ \A".A Vatel 'boitrds.ca.aov1losaI1ticIes.' \Filter Issues` pro{:'rains %il uijidelines /la counts

Flic Work Plan must contain a health and safety plan (1-I &SP), as per the guidelines.

3. 'The Work flan shall include the detailed information of fermer and existing chromium storage, hazardous waste management, and associated practices;

4. The proposed soil investigation shall extend to a minimum depth of 25 feet below ground surface (bgs) at each investigative area i.e. at the plating process area and waste treatment areas, chemical and waste storage areas, (sumps, clarifiers, etc.).

The above item shall be submitted to Mr. Larry Moore at (213) 576-6730 or at I In urca svaterl)rlat tIs.clr. pv.

Pursuant to I3261(a) of' the C«'C, any person who fails to submit reports in accordance with the Order is guilty of a misdemeanor. Pursuant to section 1326$(b)(1) of the CWC, failure to submit the required technical report described above by the specified clue date(s) may result in the imposition of administrative civil liability by the Regional Board in an amount up to one thousand dollars (S1,000) per day for each day the technical report is not received after the above clue date. These civil liabilities may be assessed by the Regional Board for failure to comply, beginning with the date that the violations first occurred, and without further warning.

Ms. Don¿rlcjson, Mr. Zi¡rrrrrcrrrt¿ul. ¿ulcJ

Mr. GalbraithW[P Filc No. 104.1 002

J Scpl.crribcr':l,20I2

rhe Intelnct ¿tt; ]ll,lj)l,A!\'ly¡-{Lglbqjlr!S-Uil_.9.1¡ilp!_[r!.ç*J]¡-rjç:c;{rclrtjç¡s/UilJgiJ[r-lglil¡, or rvill bc

¡llor,idccl ull()ìì r'crluest.

l'I'fEI{nlFOll.Ii, IT' IS I{lilìli13Y OI{.DIillllÏi that Stainlcss Stecl f)r'crclLrcts/lndustlies n¡rcl IJlec:z-eliastcni Cor'¡iolalion, pursuarlr to secfiÕr1 11267(b) of'the CWÇ, are lequilccJ to suburit (he follorvinq:

lllv Octobcr !2. rL{JII' sul:ntit a \\/ork Plan fbr a >^ubsulfhce soil inr.estie.ation. Wc arc plovicling a

s,tticlarlce cloculltcltl e¡ltifled "(ìt:nerul lltot'k Plan Reqttirentents Jbr o I:{cur,.y fuIetut,Saíttrrt'c,sligalion" to assist.v-ou rvirìt this tash. 'l'his clocrrrrrellt is ¡rlorricleci as All¡lcncli.x IÌ,Additiclnill illf"onuation can lre fburr<i in our {¿Lridarlce ulanual entifled "htlerint S'l1d,4.l,ses.rz.tent (tr('lertnu¡t (luitla.baLLh (Al¿t.t'199ó)," rr,hich can be ibLrnd aí the l{cgionnl IJoarcl rveb,site at:

\'i l()fì¿1 t1 gç' lùsl\v¿ìte¡- i l-;sLtcs,irl'ori r'¿u us,/rcnr iaticlnintav I !)9(r r,ocgu¡l¡lx-sjr.trul.

Itt *clditiott, r'our \\1orli Plart slia[[ bc dcvelolred lìlll<lrvirrg the n¡l¡llicable conrponctrts of'thelìegional Board's "Oui¿l¿lintt.ç.fitr lleport fitlsntittctl,s,,sec'Ííon I;'1. Site,4s'.res.çntenl l.:,l.ctns,''('\larc:h 1991, ll,:t,i,¡"cd ,/tu¡e 1993). A co¡rv of'tlre guiclelitres cnrr be lcLrnd at thc lbllor,r,irrgL,rlìl-rlcbsite:

srulbjl,rs¡-.fËJrlf

2. 'l'he \\¡orli Plall nLLtst ctlrl¿¡irl ¿t heallh anclsrf"cty plan (l-l&Sl)), ûs l)cr the guíclelines.

3. 'l'ltc Wol'k Irla¡l sliall inclucle the clet¡ilcd i¡lfbt'nlaticln ol'fìrlrrer aud cxistin¡¡ chl'orrriunl storage.h¿rz-al^do u s \\,aste llt ¿ì nagÐl nc n f , a n rl ¡rssociutccl ¡rra ctices ;

.1. -l'he ¡llo¡:osed soil invcstigation shall ¿xtcncl tcl a rnini¡uu¡l clepLh of 25 f'eer beiÒ\\rgrourìcl sr¡'lhcc

(bgs) at cach investigaiive ale¿r i.e, at tlre plating J)r'ocùss ¿ìt'cra au<i \v¿¡ste treattncnt iu.cas.chclrrical itn<l rva-qfe stcrr¡,¡gg alcas- (strrl¡rs. clalilìers, ctc.).

. u'rt 1crtrolt r¡ls. cl

'l"lrc aboi'c: itcnl shall bc sultrniltetJt ¡n or; l'cr{ii)rt' l¡ tc ¡"1:olr rrl s.cÍt.Íor'.

tt) \,f r. l-alr'! N,loole í1[ (2 ]i) 5i6-6730 o¡. ar

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PL¡rsttarrt fct lr326'Ì (n) of'LIle CWC. illy pcrsor.r rvho lÌlils to srrbmit repol'rs iu âçcoLcl¿rnce wi(h rhc Orcler isgrriltl' ol'tr niisclenrcanor. Pt¡r'sLranI to section li26[J(t)Xl) ol'flre CWC, lìrilure fo subrnit the r.ecluireclteci'rnical rellot't rlescribetl ahr:r,e Lr),the s¡lccilìed clue clatr'(s) rrrn5,result íu rlie irl¡losiliorr ofacltrtirtislt'ativc cit,il lia[rilit¡'Lry llre l(cgiorial [.Jclarcl in arì nrllor.uìt u¡r fo one tlroilsancl clollars (S1,000) pe¡<lay fìrl cac,lt cla¡,the fcchnic¿rl re¡rort is uot rcrüsivecl lflct-the abovc clue clatc. l^llesc civii liabililje-s rnaybe asscssccl by thc I{*giorral lloarcl for' [aÍlule to conr¡:l¡,, bc'gtinning u,ith rhe clnte thilf the vioiatic;¡rs fìrstoccull'cil. a nrl rriihoLrt lìlr{hel s,lJln i 11f¿.

Ms. Donaldson, 1\-1r, Zimmerman, and -4- September 21, 2012 Mr. Galbraith tU1I' File No. 104.1002

The Regional Board, under the authority given by C\VC section I3267, subdivision (b)(1), requires you to include a perjury statement in all reports submitted under the 13267 Order, The perjury statement shall be signed by a, senior authorized Stainless Steel Products or Breeze Eastern Corporation representative (not by a consultant). 'Fite perjury statement shall be in the following format:

"I, [N.,AN4I I, certify under penalty of law that this document and all attachments were prepared by me, or under my direction or supervision, in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

`Che Stale Water Board adopted regulations requiring the electronic submittals of information over the internet using the State Water Board GeoTracker data management system. You are required not only to submit electronic copy of the reports (in PDF format) required in this Order, but also to comply by uploading all reports and correspondence prepared to date on to the GeoTracker data management system -n. 'lue text of the regulations can be found at the URL:

liltip:iÍwwwuwat<'tbo<trçls.cti.<óviustIcleanuptelectroniç reportinç,'do s/ tinaLeleçtrc7nícyeeLsedec04.-I_xiï'.

SO ORDERED.

Samuel Unger, P.E. Executive Officer

9- 21---/- Date

N4s. I)onalclson, lút', Zillllnel'rrran. antlMr, CialLl'aithWIi)File No. I04.1002

Sc¡rtentlrcr' ?.1, 20 12

1'lre lìegionnl I]oiild, uncler the airthority uír'eu b),C\VCl sec{ion 13267. subdivision (bXl), r.e<¡uiles voLr1o irtclucfe a llcr.iury ì-liìlûnlenI in allt'e¡torLs subrnitted uncler the li?67 Ordel'.'l'hu peljur¡, staterrenf slrallbe sigrred [r-'- a,scnior aut]1c)i'izcd Sfainless Steel Products crr I]rcez-e Eas{e¡:u Corporatiorr re¡ll'esenta'rivc(not by a consultarr().'['he ¡:eljut')/stírtclnet]t shall be in the 1Ì:llou,ing lorrnat:

"'[, [\,4.Ì\rfI1l, cell.i{'y rrrrclcr ¡lerralf¡, ollarv tltat this clocunrclil and all ûttachmetìfs n'erc ¡:reliareclby nle, r)r i¡nrJer rrry clircctiolt or srrpervisicln, in acctrrclnnce rvith il s¡,51s11 clcsigrlecl to assurc th¿itqtralìf iecl 1:ersottuel ¡l'o¡lerly gathered ancl cvaluated thc infbllnatio¡r sutrmítted, []¡rseclorì nì],inqlrit"v of'the ¡:cr'.son or persorls u,irr) rnanÍrg.e the s-v'stcnr. clr tilose petsolls direcf 11.,r'e sponsiblefbl gatlretirrg thc itrlbrulation. lhe inf olnrntion subnritl.ecl is, to tlrcr besf olruy'l<rrorvlcclge anclbcliefì tt'ue, Ítccut:Rtc, attd conr¡rlefc, I arn au"ale th¿rt thcl'cr are signilìcant penllties l'or sribruittirrgfÌllse illl-rrr¡llation, includin¡l thc'possibility'of'linc antl ìnt¡trisonment fbr krrnrving violaliolts."

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EXHIBIT C

ROGERS JOSEPH O'DONNELL

July 15, 2013

VIA E -MAIL AND U.S. MAIL [email protected]

Ms. Luz Rabelo Water Resources Control Engineer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, CA 90013

415.956.2828 (t) 956.6457 (f)

202.777.8950 (t) 202.347.8429 (f)

www.rjo.com

Robert Dollar Building 311 California Street, 10th FIr.

San Francisco CA 94104

Victor Building 750 9th Street, NW, Suite 710 Washington DC 20001

Re: Revised Requirement for Technical Report Pursuant to California Water Code

Section 13267 Order No. R4- 2012 -0069 -A01

Site: Stainless Steel Products /Industries, 2980 San Fernando Blvd., Burbank

Dear Ms. Rabelo:

I represent Senior Aerospace SSP ( "Senior SSP ") in connection with the above

referenced matter, and am writing in response to Samuel Unger's letter dated June 20, 2013,

to Mr. Jim Sasselli of Senior SSP. Mr. Unger's letter enclosed a "Revised Order to Provide a

Technical Subsurface Soil Investigation," dated June 20, 2013 ( "Revised Order "), pertaining to property located at 2980 North San Fernando Blvd., Burbank site. Mr. Unger advised that comments concerning the Revised Order should be directed to you.

The Revised Order was issued without any prior discussions between the

Regional Water Quality Control Board ( "RWQCB ") and Senior SSP concerning its subject

matter. As is discussed below, the Revised Order contains serious factual errors that render it legally defective as to Senior SSP. Accordingly we request that the RWQCB immediately rescind the Revised Order, as to Senior SSP.

The Revised Order finds that "Stainless Steel Products /Industries" is among

the "suspected sources of waste discharge in the USEPA Superfund Site because of the

chemicals used and the operations conducted at the Site." (Revised Order, Paragraph 4) The

Revised Order finds that Senior SSP is an entity "responsible for the suspected discharges of waste" because "Senior Aerospace SSP is a subsidiary of Breeze- Eastern Corporation and

successor to Stainless Steel Products /Industries." (Revised Order, Paragraph 5) (emphasis added) Both of these justifications for naming Senior SSP on the Revised Order are factually

incorrect.

335095.I

A Professional Law Corporation

41s.e56.2828 (t)I e56.64s7 (f)

202.777.8950 (t)202.347.8429 (f)

www.rjo.com

Robert Dollar Building3 I I California Street, lOth Fln

San Francisco CA 94104

Victor Building750 9th Street, NW Suite 710Washington DC 2000 I


July 15, 2013

\rIA E-MAIL AND U.S. MAILluz. r ab e I o @w at erb o ar ds. c a. gov

Ms. Luz RabeloWater Resources Control EngineerLos Angeles Regional Water Quality Control Board320 West Fourth Street, Suite 200

Los Angeles, CA 90013

Re: Revised Requirement for Technical Report Pursuant to California Water Code

Section 13267 Order No. R4-2012-0069-A0iSite: S Sf eel Products/Industries 2980 S an Fernando 81 Burhank

Dear Ms. Rabelo:

I represent Senior Aerospace SSP ("Senior SSP") in corurection with the above

referenced matter, and am writing in response to Samuel Unger's letter dated lune20,2013,to Mr. Jim Sasselli of Senior SSP. Mr. Unger's letter enclosed a "Revised Order to Provide a

Technical Subsurface Soil Investigation," dated June 20, 2013 ("Revised Order"), pertaining

to property located at2980 North San Fernando Blvd., Burbank site. Mr. Unger advised that

comments concerning the Revised Order should be directed to you.

The Revised Order was issued without any prior discussions between the

Regional Water Quality Control Board ("RWQCB") and Senior SSP concerning its subject

matter. As is discussed below, the Revised Order contains serious factual effors that render

it legally defective as to Senior SSP. Accordingly we request that the RWQCB immediæely

rescind the Revised Order, as to Senior SSP.

The Revised Order finds that "stainless Steel Products/Industries" is among

the "suspected sources of waste discharge in the USEPA Superfund Site because of the

chemicals used and the operations conducted at the Site." (Revised Order, Parugraph 4) The

Revised Order finds that Senior SSP is an entity "responsible for the suspected discharges ofwaste" because "senior Aerospace SSP is a subsidiar)' of Breeze-Eastern Corporation and

successor to Stainless Steel Products/Industries." (Revised Order, Paragraph 5) (emphasis

added) Both of these justifications for naming Senior SSP on the Revised Order are factually

incorrect.

335095. I

A Professional Law Corpomtion


Ms. Luz Rabelo July 15, 2013 Page 2

www.rjo.com

Senior SSP is not a subsidiary of Breeze -Eastern Corporation, and has no legal relationship to that entity. In addition, Senior is not a "successor" to "Stainless Steel

Products /Industries." Rather, Senior SSP was formed following the purchase of the assets of Stainless Steel Products, Inc. in 1995. It thus has no liability, as a successor, for any of the actions of Stainless Steel Products, Inc. These errors in the Revised Order undermine the conclusion set forth in Paragraph 5 of the Revised Order that Senior SSP is "responsible" for

"suspected discharges of waste" at the subject property.

Accordingly, we request that the RWQCB immediately rescind the Revised Order as to Senior SSP. If the RWQCB will not do so, Senior SSP will have no choice but to file a petition to the State Water Resources Control Board seeking to have the Revised Order rescinded.

Thank you.

Very truly yo Is,

ROBERT C. GOODMAN

RCG:cc

cc: Senior Aerospace SSP

335095.1

A Proféssional Law Corporation

ROGERS JOSEPH O'DONNELL www.rlo.com

Ms. Luz RabeloJuly i5,2013Page2

Senior SSP is not a subsidiary of Breeze-Eastern Corporation, and has no legal

relationship to that entity. In addition, Senior is not a "successor" to "Stainless Steel

Products/Industries." Rather, Senior SSP was formed following the purchase of the assets ofStainless Steel Products, Inc. in 1995. It thus has no liabilify, as a successor, for any of the

actions of Stainless Steel Products, Inc. These errors in the Revised Order undermine the

conclusion set forlh in Paragraph 5 of the Revised Order that Senior SSP is "responsible" for"suspected discharges of waste" at the subject property.

Accordingly, we request that the RWQCB immediately rescind the Revised

Order as to Senior SSP. If the RWQCB will not do so, Senior SSP will have no choice but tofile a petition to the State Water Resources Control Board seeking to have the Revised Orderrescinded.

Thank you.

Very truly

ROBERT C. GOODMAN

RCG:cc

cc Senior'Aerospace SSP

335095.1

A Proféssional Law Corporat¡on

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ROGERS JOSEPH O'DONNELL, PC ROBERT C. GOODMAN (State Bar No. 111554) ANN M. BLESSING (State Bar No. 172573) D. KEVIN SHIPP (State Bar No. 245947) 311 California Street San Francisco, California 94104 Telephone: 415.956.2828 Facsimile: 415.956.6457



STATE OF CALIFORNIA

In the Matter of PETITION NO.

SENIOR AEROSPACE SSP, DECLARATION OF STEVEN LOYE IN

Petitioner SUPPORT OF PETITION FOR REVIEW

Revised Order to Provide a Technical Report for Subsurface Soil Investigation California Water Code Section 13267 Order No. R4- 2012- 0069 -A01 of the Regional Water Quality Control Board, Los Angeles Region

I, Steven Loye, declare that:

1. I am the Chief Executive Officer of Senior Aerospace SSP, Petitioner in

the above -entitled matter. I make this declaration in support of Senior Aerospace SSP's

Petition for Review.

2. I have personal knowledge of the facts set forth herein except where

stated on information and belief and, if called as a witness, I could and would testify

competently hereto. As to facts set forth on information and belief, I believe them to be true.

3. Senior Aerospace SSP is not a subsidiary of Breeze- Eastern Corporation

and has no corporate relationship or affiliation with Breeze -Eastern Corporation.

4. Senior Flexonics, Inc. purchased the assets of Stainless Steel Products

Inc. in 1995. At the time of that transaction, Zimmerman Holdings, Inc. was the parent Page 1

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ROGERS JOSEPH O'DONNELL, PCROBERT C. GOODMAN (Srate Bar No. l l l554)ANN M. BLESSING (State Bar No. 172573)P..KpY.LN SHIPP (State BarNo. 245947)3l I California SüeetSan Fra¡rcisco, California 94104Telephone : 41 5,956.2828Facsimile: 415.956.6457

Attomeys for PetitionerSenior Aerospace SSP

In the Matter of

SENIOR AEROSPACE SSP,

. Petitioner

Revised Order to Provide a TechnicalReport for Subsurface Soil InvestigationCalifornia Water Code Section 13267 OrderNo. R4-2012-0069-A0l of the RegionalWater Quality Control Board, LosAngelesRegion


STATE OF CALIFORNIA

PETITION NO.

DECLARATION OF STEVEN LOYE INSTJPPORT OF'PETITION FOR REVIE\ry

I, Steven Loye, declare that:

1. I am the Chief Executive Officer of Senior Aerospace SSP, Petitioner in

the above-entitled matter. I make this declaration in support of Senior Aerospace SSP's

Petition for Review.

2. I have personal knowledge of the facts set forth herein except where

st¿ted on information and belief and, if called as a witness, I could and would testiff

competently hereto. As to facts set forth on information and belief, I believe them to be true.

3. Senior Aerospace SSP is not a subsidiary of Breeze-Eastem Corporation

and has no corporate relationship or afüliation with Breeze-Eastem Corporation.

4. Senior Flexonics, Inc. purchased the assets of Stainless Steel Products

Inc. in 1995. At the time of that transaction, Zimmerman Holdings, Inc. was the parentPage I

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company of Stainless Steel Products Inc. After purchasing the assets they were operated by

Senior Aerospace SSP. Senior Aerospace SSP leases the property located at 2980 North San

Femando Boulevard, Burbank, California ( "the Site "). Neither Senior Aerospace SSP nor

any related company, has ever owned the Site.

I declare under penalty of perjury under the laws of the State of California that

the foregoing is true and correct to the best of my knowledge. This declaration was executed

in ASUI fI12,AN K , California, on July 22, 2013.

STEVEN LOYE

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company of Stainless Steel Products Inc. After purchasing the assets they were operated by

Senior Aerospace SSP. Senior Aerospace SSP leases the property located at2980 North San

Femando Boulevard, Burbank, California ("the Site"). Neither Senior Aerospace SSP nor

any related company, has ever owned the Site.

I declare under penalty of pedury under the laws of the St¿te of California that

the foregoing is true and correct to the best of my knowledge. This declaration was executed

m ßqßnNK California" on July 22,2013

LOYE

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PROOF OF SERVICE


My business address is 311 California Street, 10th Floor, San Francisco, CA 94104. I

am employed in the City and County of San Francisco where this service occurs or mailing occurred. The envelope or package was placed in the mail at San Francisco, California. I am

over the age of eighteen years and not a party to this action. On July 22, 2013, I served the following documents described as:

DECLARATION OF STEVEN LOYE IN SUPPORT OF PETITION FOR REVIEW

on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope, with the postage prepaid, addressed as follows:

State Water Resources Control Board Office of the Chief Counsel Jeannette L. Bashaw, Legal Analyst P.O. Box 100 Sacramento, CA 95812 -0100 [email protected]

Mr. Samuel Unger, P.E. Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, CA 90013 [email protected]

Ms. Luz Rabelo Water Resources Control Engineer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, CA 90013 [email protected]

Craig S. Bloomgarden, Esq. Manatt, Phelps & Phillips, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064 -1614 cbloomgarden @manatt. corn

Page 3

Declaration of Steven Loye in Support of Petition re LARWQCB Order No. R4 -2012- 0069 -A01 335250.1

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PROOF OF SE,RVICN,


My business address is 311 California Street, 1Oth Floor, San Francisco, CA 94104. Iam employed in the City and County of San Francisco where this service occurs or mailingoccurred. The envelope or package was placed in the mail at San Francisco, California. I am

over the age of eighteen years and not a party to this action. On July 22, 2013,I served the

following documents described as:

DECLARATION OF STEVEN LOYE IN SUPPORT OF PETITION FOR REVIEW

on the following person(s) in this action by placing a true copy thereof enclosed in a sealed

envelope, with the postage prepaid, addressed as follows:

State Water Resources Control BoardOffice of the Chief CounselJeannette L. Bashaw,Legal AnalystP.O. Box 100Sacramento, CA 958 1 2-0 1 00j b as haw @w at er b o ar ds. c a. gov

Mr. Samuel Unger, P.E.Executive OfficerLos Angeles Regional Water Quality Control Board320 West Fourth Street, Suite 200Los Angeles, CA 90013s unger@w at erb o ar ds. c a. gov

Ms. Luz RabeloW'ater Resources Control EngineerLos Angeles Regional Water Quality Control Board320 West Fourth Street, Suite 200Los Angeles, CA 90013I uz, r ab e I o @w at e r b o ar d s. c a. gov

Craig S. Bloomgarden, Esq.Manatt, Phelps & Phillips, LLP11355 West Olympic BoulevardLos Angeles, CA 90064-1614c b I o o m gar d e n@man at t. c o m

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Declaration of Steven Loye in Support of Petition re LARWQCB Order No. R4-20 12-0069-40 I

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Ms. Sonja Donaldson Acting Director of Environmental Affairs Breeze -Eastern Corporation 35 Melanie Lane Whippany, NJ 07981

Mr. William Zimmerman Owner /Operator Stainless Steel Products 790 Huntington Circle Pasadena, CA 91106 -4510

Mr. James Galbraith Owner /Operator Stainless Steel Products 2600 Mission Street, Suite 200 San Marino, CA 91108

X BY FIRST CLASS MAIL: I am readily familiar with my firm's practice for collection and processing of correspondence for mailing with the United States Postal Service, to -wit, that correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I sealed said envelope and placed it for collection and mailing on July 22, 2013, following ordinary business practices.

X BY ELECTRONIC SERVICE: I caused the documents to be sent to the person(s) at the electronic notification address(es) listed above. Within a reasonable time, the transmission was reported as complete and without error.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed this date at San Francisco, California.

Dated: July 22, 2013 Clara Chun

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Declaration of Steven Loye in Support of Petition re LARWQCB Order No. R4- 2012 -0069 -A01 335250.1

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Ms. Sonja DonaldsonActing Director of Environmental AffairsBreeze-Eastern Corporation35 Melanie LaneWhippany, NJ 07981

Mr. William ZimmermanOwner/OperatorStainless Steel Products790 Huntington CirclePasadena, CA 91 106-45 10

Mr. James GalbraithOwner/OperatorStainless Steel Products2600 Mission Street, Suite 200San Marino, CA 91108

X BY FIRST CLASS MA,IL: I am readily familiar with my firm's practice forcollection and processing of correspondence for mailing with the United States

Postal Service, to-wit, that correspondence will be deposited with the United States

Postal Servicethis same day inthe ordinary course of business. I sealed said

envelope and placed it for collection and mailing on July 22,2013, followingordinary business practices.

BY SERVICE: I caused the documents to be sent to the person(s)

at the electronic notification address(es) listed above. Within a reasonable time,the transmission was reported as complete and without error.

I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct and that this declaration was executed this date at San

Francisco, California.

Dated: July 22,2013 U-o*L/Clara Chun

X

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Declaration of Steven Loye in Support of Petition re LARWQCB Order No. R4-20 12-0069-40 I

335250.1

BLESSING O'DONNELL of 1 PETITION PETITION FOR REVIEW l2

Documents

Transcript of BLESSING O'DONNELL of 1 PETITION PETITION FOR REVIEW l2