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1341 W. ROSINhi000 dot= VE S OR UFOR G3 <br /> N � t ' ;oE { 37 ; 3Sa <br /> PERMIT <br /> April:19 1995 <br /> Mary Meays, Senior:l RS <br /> Site Mitigation C3'iut <br /> Stitt.Joaquin County <br /> Public Health Seg vices <br /> nvironmental He-a-Ith.£division <br /> P.O. Boit 38 <br /> Stott n, CA 95201d}s88 <br /> 1 Site Code <br /> lax . IVeays> <br /> Following.is analysis which demonstrates that A.G. Sp os ,let Center has 110 h bility forth <br /> clean-up of the alleged contamination of site 1845° (All statutory references hreti are 6.1h <br /> California14ddth and Safety Code.) <br /> l. Under the Hazardous s Substance Account Act (Sections'253161 and 2531 petroleum, <br /> including gasoline. is not defined as a "hazardous substance." In fact, it is expressly excluded as <br /> a "hazardous substance." See also, KFC Western, Inc. v. 31l g frig 23 Cal.Ap . th 1167, 2 <br /> Ca. ptr.2d 67 (1994). <br /> 2 no provide a means of dealing with the leaking of petroleum and petroleum products <br /> from derground tanks, the California Legislature enacted the Petroleum Underground Storage <br /> Tank ...l.....wnt».3 A (the "Act!)- <br /> rActr).V'.3�"ucb 'rset°ams>effF'#;ti'tra October 2 1 C39 <br /> 3. The Act purports to ever "unauthorized release" of petroleum ftin� an undergrdund <br /> storage tank. I et� S,ections 25299:19 and 25299.22. <br /> . Oddly, Section 25299.25 then defines "unauthorized release" as having the same meanin <br /> as contained in Section.2528 1, which is part of the Storage of Hazardous Substances Act.` the: <br /> to i therein defined as the release of a"hazardous substance", which by further definition dem <br /> not include petroleUbi Th .Act appears to have recreated' the problem it sought to solve. &A., <br /> even assuming the termitnoludes petroieum for purposes of the Act, a:petroleu rebase;could <br /> not, b definition,have beeA an "unauthorized release" until October 2; 1989, long after �pattos' <br /> operations had ceased. <br />