SITE INFORMATION AND CORRESPONDENCE_FILE 1

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3. The focal Aeicy has not obtained and presented to Petitioner evidence which supports the allegations that Petitioner is a responsible Party. This inaction continues to the date of this Petition, The UW:Agency failed to advise Petitioner of its rights to petition for rev etiv. This:iaadfion canon + cl until August 29, 1 ; and The .octal Agency ,which as effectively the County of San Joaquin,his aconflict of m erest io adt as oversight contractor,since the County of `an Jell is th owner of bite lg4"5 and is a Responsible Party with resect thereto. This i 'a caritinuin sitt7a ion. "Y. The Local Aency lass misapplied th+e iaw watla xespect to the designation of a IZesptarasible Darty: i114 is fai led to grye proper notification of its designation. No evidentiary hearing has been held st art the'°fats" it asserts as controlling its actions. It failed, until just recently. to triforni. Petition r ofits:rights to petition.this Board for review. The local agencv has a conflict of interest in acting as ov�rsigltt contractor for this Board, since the County, itself,is a�:espon5ihle Party. The Local: Agency, by continually requesting that inquiries be directed to:t and subsequently remising to respond n caniiisi-f illy to those inquiries,has caused Petitioner to z e lessiy e p d significant amounts of time and money. Its promise to provide legal review and then refusing such review necessitates this'Retition. The Focal Agency has refused to even consider the possibility that it could be' rong and Petitioner could be correct. When Petitioner tried to pursue its legal arguments further,the Local Agency stated. to Petitioner that the Mate of California did not have the resources available to provide us the opportunity to make legal objection to its decisions. The inappropriateness of the Local Agency's attempts to circumvent Petitioner's legal advisor and coerce Petitioner to blindly follow its demands is beyond need for elaboration: The Local Agency is proceeding even though enforcement is barred by applicable statues of limitation D. EP`l!CT DN MITIONER. The inappropriate and improper acts and omissions of the Local Agency have already caused Petitioner to unreasonably expend time and money in defense of such acts. If not corrected, the designation of the Petitioner as a Responsible Paxt Nvi l l cause Petitioner to upend great amotmts of time and money it the :investagation and remediation likely to be required to mitigate the condition of Site 1845. If, as Petitionerhas- asserted. petitioner'is a responsible party and/or the enforcement is barred by a statute of I iImitations, the unjust adverse impact it will,suffer will be huge. Mi Petitioner respectfully reqbests that this Board: 1. Find OW Petitioner is:not an Owner, Operator or Other Responsible Party wifh refect to:Site: `845; 3