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JAMES 1. HOBLITZELL S ASSOCIATES <br />ENVIRONMENTAL CONSULTANTS <br />GENERAL ErIGINEERING A LICENSE #365234 HAz <br />REGISTERED E14VIRONMENTAL ASSESSOR, REA-03121 <br />12 JUNE, 2001 <br />OFFICE OF CALIFORNIA STATE ATTORNEY GENERAL <br />DEPARTMENT OF JUSTICE <br />P.O. BOX 944255 <br />SACRAMENTO, CALIFORNIA 94244=2550 <br />RUN <br />CALIFORNIA STATE WATER RESOURCES CONTROL BOARD <br />OFFICE OF CHIEF COUNSEL <br />1001 "I" STREET <br />P.O. BOX 100 <br />SACRAMENTO, CALIFORNIA 95812-0100 <br />GENTLEMEN: <br />Dv'/ <br />I WRITE YOU ON BEHALF OF My <br />NT* <br />JAGENSINGH <br />650 E. MINER AVENUE <br />STOCKTON, CALIFORNIA 95202 (SITE) <br />AS WELL AS ON BEHALF OF MYSELF. IT IS MY CONTENTION THAT SAN JOAQU <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 ACT YON' -ORT NONACTION ON <br />THEIR PART. MY CLIENT AND I ARE LEFT WITH NO REMEDY AT LAW OTHER <br />THAN AN APPEAL TO YOUR OFFICES ASKING THEN YOU DIRECT SAN JOAQUIN <br />COUNTY TO ISSUE A TANK REMOVAL PERMIT WHICH HAS BEEN PROPERLY <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. MI <br />SINGH RELIED ON REPRESENTATIONS MADE BY A PHASE I, PHASE II <br />SITERVISITTOF 08PMARCHREPARED BY 1994. ENVIROSEARCHRWASAHIREDEBYLTHEFEXIST <br />THEI <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 MARCHl-2001;:ZII DISCOVERED AN APPARENT <br />1,000 GALLON UNDERGROUND FUEL STORAGE TANK WHICH I ESTIMATED TO B <br />APPROXIMATELY 1,000 GALLONS. I ADVISED MR. SINGH THAT HE HAD A <br />LEGAL DUTY TO REPORT THIS TANK TO SAN JOAQUIN COUNTY ENVIRONMENTA <br />HEALTH DIVISION. <br />.nnm cna �znC. nn n.,�znzzi CTrx rroN. CA 95213-0331 <br />