SITE INFORMATION AND CORRESPONDENCE_FILE 1

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Spanos Jet Center Page 7 A petroleum release is identified as an"unauthorized release's in Chapter;6.7 Storage of Hazardous Substances which was effective January 1. 1984 long before Spanos' operations ceased. 5. The-Spaws operations in Site 1845 ceased on May 14, 1987. Since the Act had not then been passed, Spanos cannot be held responsible 1br clean-up costs based on alleged releases of petroleum product drying the term of its operation, since petroleum was excluded from the then-existing definition of hazardous substances. See, KFC Western. Inc. vAfttrig, WPM The Sparms Jet Center can be held responsible for clean-up its based on the unauthorized release of petroleumhydrocarbons- evidenced at the time of removal of the underground storage tanks which the Spanos Jet Center last operated. (See above noted definition of unauthorized release, responsible party identification, and authority to hold responsible parties accountable for the cleanup of contamination prior to California law). 6. According to the letter from Environmental Health to the landowner, Stockton Metropolitan Airport, knowledge of the alleged contamination existed in 1988. Since almost eight years have elapsed since the end of the Spanos operation and at least seven years have elapsed since knowledge of the contamination was apparent, any attempts to hold Spanos responsible for releases of petroleum would also be barred by several applicable statues of limitation. There are no known instances with which a statute of limitation-has been applied to show that a responsible party, properly identified, was not-held responsible for the clean-up of petroleum hydrocarbon contamination from an underground storage tank. 7. The contamination at Site 1845, if any, is a nuisance which may be abate, but only as to the landowner. The petroleum hydrocarbon contamination which has been evidenced beneath underground storage tanks which Spanos Jet Center operated is not only a nuisance but is an unauthorized release from an underground storage tank and hence is referenced in legislation outlined above wfilch holds not only the landowner, but the tank owner and tank operator (we above for definition of a responsible party), April 20, 1995 Correspondence PI/EHD does not assign a financial percentage to the liability of a responsible party. Also, PHS/EHD does not recognize lease agreements with regard to responsibirdy legislated by underground storage tank law.