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- M C. <br />Cour <br />JAMES 1. HOBLITZELL S ASSOCIATES <br />EN VIRONMENTAL CONSULTANTS <br />GENERAL ErIGINEERING A LICENSE #365234 HAZ <br />REGISTERED EVVIRONMENTALASSESSOR, REA-03121 <br />12 JUNE, 2001 <br />OFFICE OF CALIFORNIA STATE ATTORNEY GENERAL <br />o: oj <br />DEPARTMENT OF JUSTICE <br />P.O. BOX 944255 <br />SACRAMENTO, CALIFORNIA 94244-2550 <br />FM <br />CALIFORNIA STATE WATER <br />OFFICE OF CHIEF COUNSEL <br />1001 "I" STREET <br />P.O. BOX 100 <br />SACRAMENTO, CALIFORNIA <br />GENTLEMEN: <br />RESOURCES CONTROL BOARD <br />95812-0100 <br />I WRITE YOU ON BEHALF OF MY CLIENT: <br />JAGENDER SINGH <br />650 E. MINER AVENUE <br />STOCKTON, CALIFORNIA 95202 (SITE) <br />AS WELL AS ON BEHALF OF MYSELF. IT IS MY CONTENTION THAT SAN JOAQUII <br />COUNTY IS REFUSING TO FOLLOW THE LAW, IS ACTING ARBITRARY AND <br />CAPRICIOUS, IS CREATING IRREPARABLE HARM TO MY CLIENT AND TO ME <br />AND IS MANIFESTING EGREGIOUS CONTEMPT FOR THE LAW BY THEIR REFUSAL <br />TO ISSUE A PERMIT FOR THE REMOVAL OF ONE (1) UNDERGROUND FUEL <br />STORAGE TANK AT MY CLIENT'S SITE AS REFERENCED ABOVE. IT HAS BEEN <br />REPORTED TO ME THAT PURSUANT TO EXISTING STATE AND FEDERAL LAW, <br />LOCAL GOVERNMENT IS EXEMPT FROM ANY LEGAL ACTION RELATIVE TO ANY <br />NEGLIGENCE, MALFEASANCE OR OTHER RELATED ACTLON_ORTNONACTION ON <br />THEIR PART. MY CLIENT AND I ARE LEFT WITH NO REMEDY AT LAW OTHER <br />THAN NPPEAL ITYOU <br />DIRECT <br />SAN QUIN <br />A TANK REMOVAL PERMIT WHICHHASBEENPROPEROLY <br />COUNTYTO ISSUE <br />APPLIED FOR. <br />THE FACTS ARE AS FOLLOWS. MR. SINGH PURCHASED A CORNER LOT AT <br />650 E. MINER AVENUE, STOCKTON, CALIFORNIA ON 26 NOVEMBER, 1998. MR. <br />SINGH RELIED ON REPRESENTATIONS MADE BY A PHASE I, PHASE II <br />ENVIRONMENTAL REPORT PREPARED BY ENVIROSEARCH AS A RESULT OF THEIR <br />SITE VISIT OF 08 -MARCH, 1994. ENVIROSEARCH WAS HIRED BY THE EXISTI� <br />PROPERTY OWNER OF 1994, GEWEKE AUTO DEALER LAND MARKETING GROUP, <br />ALSO THE SELLER OF THE LAND IN 1998. FOR UNRELATED REASONS, MR. <br />SINGH RETAINED MY FIRM TO CONDUCT A SITE REVIEW. DURING MY SITE <br />REVIEW THE LAST WEEK OF MARCHy'."2001;'%:IT DISCOVERED AN APPARENT <br />1,000 GALLON UNDERGROUND FUEL STORAGE TANK WHICH I ESTIMATED TO BE <br />APPROXIMATELY 1,000 GALLONS. I ADVISED MR. SINGH THAT HE HAD A <br />LEGAL DUTY TO REPORT THIS TANK TO SAN JOAQUIN COUNTY ENVIRONMENTAL <br />HEALTH DIVISION. <br />