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DRAFT <br /> Spanos Jet Center <br /> Page <br /> The <br /> correspondence included a request for the Unauthorized Release Rteand <br /> the Prop 65 Notification (enclosed). The PHS/HD correspondence dated II ft- lCh <br /> 1 {enclosed} references the term "discharger" also in quotation not as <br /> Specific <br /> desi€gnation in 25299:37 I-I { but a an attempt to re#ate respon ' <br /> party ti e,ds ch rg which i referenced in the Proposition 6i5 notification., <br /> April 19, 1995 Correspondeon <br /> Responses to Spanos legal analysis <br /> 1, t nd <br /> 0,10 HazardousHazardous "crbstance Account Act (Sections 25316 and x'5317) <br /> , including gasoline, upetrol:': fas substance." <br /> In fact, it is expressly excluded as a'""hazardous subs#arrce "" See also, KFC <br /> im <br /> lnc v, lliahrld. 23al.App.4th 1117, Cal Rptr, d 676 i 1994 <br /> 11 Hazardous Substance Account Act is included in 'm er �. . <br /> H �aid Safety'Code and was enacted to provide'a furrin rne+t� i'. r <br /> fr r tl dein-up of contamination resulting from the release t�f r <br /> su!lrcas induclircg spills and hazardous waste +dfsposal sites. <br /> 0. 00 <br /> substanoe; inclusions. <br /> Petf. rrt fiydrocarbons are included In thR dfc n .irt"mar <br /> l€st+�d de� ic�ns sof hazardous substance S i 1�'. Hat'" " <br /> 'l a phis definition includes petroleum bYdri riw #e " <br /> included iri die list of hazardous substances.putsua t to : � . <br /> � : Hazardous substance; exciusidns. `"Wazardous ubeta�'noes <br /> ns In .d e: (a) Petroleum, Including crude oil or any fraction thereof which <br /> is ntlierwise specifically luted or designated as a hazardous substance <br /> it'i sudivi0ipns_ (a) to ft inclusive, of Section 25316, and natural gas, <br /> r l gas liquids, liquefied natural gas, or synthetic gas usable for fuel (car <br /> Males of natural gas and such synthetic gas), or the ash produced by a <br /> resource recovery facility utilizing a municipal solid waste <br /> Petroleum hydrocarbons are excluded from the definition of l az -1c. s <br /> substance for purposes of this Act only, not for Chapters 6.7 or 6.16 of l ' <br /> Health and Safety Code. Chapters 6.7 and 6.75 do not refer to any ether <br /> sections in Chapter 6.8 for the definition'of a hazardous substance, <br /> except for 25316. This Act as stated is funding legislation, petroleum <br /> hydrocarbon clean-ups are fended specifically under other legislation found <br /> in Chapter 6.75 of the Health and Safety Code, Petroleum Underground <br /> Storage Tank Cleanup. <br /> 2. To provide a means of dealing with the leaking of petroleum and pet leum <br /> products from underground'tanks; the California Legislature enacted the <br /> Petroleum Underground Storage Tank Cleanup Act (tire "Act"), which <br /> became effective October 2 1989: <br /> " <br />