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A.C. SPANOS, COMPANIES <br /> 1341 W.ROBI HO D L"}MVE*-STOCKTON-CALIFORNtA95207 <br /> TELEPHONE 12091478-7954 <br /> June 6, 1995 <br /> Mary vlea=s,Senior P FHS <br /> San Joaquin County; <br /> l>�; lic "'italtl Services <br /> .i-r,s z.o lmental Health Division <br /> -: :..::4>.G, of 38 <br /> Stockton.`CA95201-0388 <br /> Re: Site Code 1845 <br /> bear Vis. eaeays: <br /> Today I;received your responses:to my prior inquiries. Unfortunately, the responses are difficult <br /> to,follow. For example,they contain random recitals of authorities with no effective effort to kev <br /> those authorities to the responses,:. Generally, the responses seem to rely more on administrative <br /> presumption than upon law and logic. <br /> Three elements,in l articular,have not been satisfactorily addressed: <br /> 1: "tho is a "IZespdrsible J'ar ''7 You state that ACS panos would be identified as a <br /> responsible party, Based on the definition of operato -imrmdiatcl� before the discontinuation of <br /> uddergrounstt3ra e tanks. Yet, the fact is that irr� ediatelyy ;prior to the cessation cif use (the: <br /> removal of the tanks). only the County°Airport could have been the operator,because the lease to <br /> Spanos and Spanos`use of the facility had terminated. <br /> Spanos never was an Operator of the facility. The arrangement between the-Z. <br /> Airport and Spanos allci ed S anas to store fuel in few of the many tanks. in the Cq7 w y <br /> Airport's tank <br /> spstaa ,:and utilize portions of theAirport's pumping facilities. luoes of fuel <br /> =ould from titre-to-time, be stored in the tanks, and later removed. There was no daily use of <br /> the tank-s h'y Spannbs. For definitions of"Operator , see, H & SCode §25284 :(h), "... atty person <br /> in cGn .o? cif; garha►in daily respon abilit r for, the } of an undergrotxztd sto e <br /> tam, or H & S:Code ?5210. (c); " .,.. the person responsible far the overall c�neraticir} <br /> lank..fagility-or H r `S Code §25299.20 "...any person in control of, or havirr respc�risibihty <br /> for, <br /> ttic n cif an underground storage tank containin petroleum . Spanos does not <br /> fit any of those descriptions. <br /> tXH BI <br />