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Mary Meays, Senior REHS <br /> San Joaquin County <br /> Public Health Services <br /> Environmental Health Division <br /> June 5, 1995 <br /> . <br /> Page Two <br /> If S ands had been the Operator. it would have been the licensee of the facility. Hbrvs r l Piave <br /> 17 t 1 I is any e dent ?, � . tree odler"%�hau itte C"Ounty t'r�2[prC.*+r' �:X c# license �i <br /> 2 'What Notiees :are Legally Required? You state that no:legal notices are ire t <br /> establish Spanos as a Responsible Party and involve it in the clean-up. However, H& S Code <br /> � 51299,37(c) seems to require the issuance of an order and subsection d following,establishes <br /> a right of appeal.. It is a basic legal premise that administrative actions:rewire promdural <br /> pxpqess,'which must include adequate notice, opportunity to be heard and rights of appeal <br /> panos should have flie a>i )a!rtt:ataity to contest all of the claims and assertions of the <br /> PHSIEHD, includi�xg that it a s a `'���spo i Bible' Party'"' and that an "tln thorized Discharge`,. <br /> occurred durin a time it m _,ht the field to be a Responsible <br /> P <br /> g p <br /> 3. Are Th.e Applicable Statutes of Lhnitatlon? There are almost always statutes of <br /> limitation which apply to the enforcement'.of obligations. See, for instance, CCP Secti€�ns 33 ...... <br /> 3g1 and 343. Its true that statutes of limitation are not applied to continuing; nuze cases; <br /> b these:actions cwt tidy be brougit against the landowner, <br /> > or these, and Qther ins,your i sponses are not adequate. I suggest that y�U refer:the ra tter <br /> to County lco seg�. a legal anhl rsis. <br /> Sincerer; , <br /> . <br /> William E. Barbour <br /> Corporate Counsel <br /> t3 . <br /> .. <br /> �: Sure Cohen <br /> cVn <br /> Dave .e <br /> g <br /> l�ich�el l�c��v : <br />