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KEN SALAZAR <br />Attorney General <br />DONALD S. QUICK <br />Chief Deputy Attorney General <br />ALAN J. GILBERT <br />Solicitor General <br />Mr. Chris Hawley <br />Environmental Manager <br />Wynnewood Refining Company <br />P.O. Box 305 <br />Wynnewood, OK 73908 <br />�� O4 COlO <br />h p <br />I <br />87 r <br />A. <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />August 15, 2003 <br />STATE SERVICES BUILDING j <br />1525 Sherman Street - 5th Floor <br />Denver Colorado 80203 <br />Phone 303 866 -4500 <br />FAX 3033 866 -5691 <br />RE: Settlement of Liability for Property Transferred from Western Slope Refining to <br />Fruita Marketing & Management <br />Dear Mr. Hawley: <br />My client, the Hazardous Materials and Waste Management Division of the Colorado Department <br />of Public Health and Environment ("the Division "), understands that Western Slope Refining - <br />Company ( "WSR ") intends to sell a portion of the former Landmark Refinery near Fruita, Colorado, <br />( "the Property ") to Fruita Marketing & Management ( "FMM ").. A map of the approximate <br />boundaries of the Property is attached hereto. The former Landmark Refinery near Fruita, Colorado, <br />is referred to here as "the Site." <br />FMM is currently subject to two Compliance Orders from the Division, Numbers 01- 05 -09 -01 and <br />98- 06 -05 -01. <br />WSR is currently conducting hazardous waste operations pursuant to Compliance Order on Consent <br />Number 88709 -29 -01 with Gary Refining Company and two distinct, Division approved, hazardous <br />waste unit closure plans submitted by Western Slope Refining Company. These are the September <br />6, 2002 modification to the September 29,1989 Final Closure Plan for Waste Pile Number 4 arid <br />the January 26, 1999 Modification to the September 30, 1998 Acid Sludge Impoundment Closure <br />Plan (the Approved Closure Plans). . <br />WSR's outstanding obligations as set forth in the Closure Plans include: <br />Free product recovery from the groundwater beneath the Acid Sludge Pond in accordance <br />with Section 4.6 of the Approved Acid Sludge Impoundment Closure Plan. As per the <br />Division's September 9, 2002 Completion of Soil Remediation Activities at the Former <br />Acid Sludge Impoundment, the free product recovery system is to be installed and in <br />operation by September 15, 2003; and <br />