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A. SPANUS;COMPANIES <br /> 1341 W. ROBINFNOOD DRIVE•S'f`+SCKTCK CALIFOR X995207 <br /> -7954 <br /> April 19, 1995 <br /> Mary Meays, Senior REDS <br /> Site iiti ation Unit <br /> San Joaquin County <br /> Pub"ic health Services <br /> En�„11-onrnental:Health Division. <br /> F,OBox 388 <br /> Stockton, CA 95201-0388 <br /> W S;,- Cade 1845 <br /> lc Ms.lvleays: <br /> l~ llo is ananalysis which demonstrates that A.G. Spanos Jet Center has no liability for the <br /> Gl ra up of the alleged contamination of site 1845: (All statutory references herein are to the <br /> Calzornia health and Safety Code.} <br /> 1. Under the Hazardous Substance Account Act (Sections 25316 and 25317) petroleum, <br /> including g=asoline. isnot defined as a"hazardous substance.” In fast, it is expressly excluded as <br /> a <br /> "hazardous substance." See also, FC Western, Inc. v. Meghrig, 23 Cal.App.4th. 1167, 28 <br /> Cal.�tr.2d 676 (1994). <br /> 2. <br /> To provide a means of dealing;with the leaking of petroleum and petroleum products <br /> from underground tanks. the California Legislature enacted the Petroleum Underground Storage <br /> Taz Cleanup ,ct(hc "Act"), which became effective October 1989. <br /> 3. The Act purports to cover `unauthorized release" of petroleuth Froin an under c and <br /> storage tank;; See Sections 25299:19 and 25299.22. <br /> . Oddly,Sidd h 25299.25 then defines "unauthorized release" as having the ssT31C me Zing <br /> as contained.1 86Mon 25281, which is part of the :Storage of Hazardous Substances A. t. "die` <br /> terse is therein defined as the release of a"hazardous substance",which by further defimhOI dam: <br /> riot include petroleum The Act appears to have recreated the problem it lve.::t.w..; <br /> even assuming the term includes petroleum fear:purposes of the Act, a petrol um re e,.:..+ ttld <br /> not, 1,,, definit can, ltAye: eell an'"unautl%arized release" until October 2,1989,1 ngaftar S antis► <br /> Operationshad ceased: . <br />