SITE INFORMATION AND CORRESPONDENCE_FILE 1

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POINTS AND AUTHORITIES Most of i� z=tionees points and authorities are contained in the letters attached hereto as exhibits Petitioners position is as follows: e.corrective action process is apparently governed by Health and Safety Code Sectaons 25299.35 et seg. The effective date of that legislation was October 2, 1}$' The Regulates which are apparently tieing followed are contained in California Code of Regulatac�tars,'1'itle 3 d were apparently operative on lee 3nber 2, 1991. The Local Agency znay be atteatiptig to use other chapters of the Health & Safety Cade to support its acts. AltlaougI no eyid. retia hearing has taken place, it appears that petitioh.01,0 us.0 0f the tis%n question ended just about the time of the effective date of the statutes and much prior.to the .effective date ofthe regulations. in arty event,there is ata evidence that ars"`l.Jnautharized Release" occurred subsequent to the effective date of the statutes or the regulations. Site 1g4� wad a vtry old.£acuity,�nsistia�g of several tanks and aro associated purttptn system: The€ate system vas built by the I1. S. Government during W. W. 11 and was lateracqu�'red by the Stockton 1�ervpolit Ai rt Fair a relative short period of timeVve used 3 or 4 of the l5 or l& that made u the s stein It cannot be established with certaint as to Mien a release rima y Y have oecciarrred;or hrc which t; k It may have come: Petitioner does not be ieve that it was ever the operator of the tank;systerra: The rtatuxe oft�e facility end the arse was such that oa�ly the County of San Joaquin had the overall and daffy respc�nsibalaty far the under�rotand tank system. See, Section 261 I; CCI Title 2 I'l c: statutes do not.... pear to define ""other responsible person% It generally is not competent for re<jt�lations to pad or caseate ne,,Nr liabilities beyond what is established by statute_�Ve were nevedr the owner of any of the tanks in the systema or any of the property on which thetarok farm v as located. Even should the.let Center be defined.as an operator,the Stockton Metropolitan Airport would have become the sole operator upon the termination o our use,, Aeco,-din; ly.. it ou 1d have been the operator immediately before the discontinuation of the faeility,when it removed the t The Stag appears to have been generally aware of contamination at the site since as early as 1980. If certainly had specific information concerning contamination available to it in 199 when the tanks were removed. Carr involvement with:the site was as evident to the State t those times as it was in 1995,when the instant corrective action was initiated. There are statutes of limitation that seem to preclude designating a as a responsible party at this late date. Section 338.1 of the California Cade of Civil Procedure establishes 5 years from discovery as the effective limitation. To the extent that the Local Agency is proceeding under a portion of the :Health&Safety Code not covered by that Section, the general provisions of Section 343 will apply_ This would shorten the effective limitation to years,