SITE INFORMATION AND CORRESPONDENCE

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Jones, Staff Counsel with the State Water Resources Control Board to Donna Schimeck, Division of Clean Water Program, dated July 18, 1990, in which this determination was apparently made. The determination that Ms. Conrady is not a responsible party was based on a partial set of facts, focusing solely on Ms. Conrady's current status as a fust lien holder, and did not address Ms. Conrady's past ownership and operation of the site for a significant number of years. Before discussing the relevant California law and regulations, however, we will provide a more detailed factual history of the property. FACTUAL BACKGROUND New West Savings and Loan Association ("New West") owned the property located at 1235 East Alpine Avenue in Stockton, California from January 1988 through June 30, 1993. At the time of acquisition by New West, the property was not in service as a gasoline station, although the site had formerly been used as a gasoline station and mini-mart. At the time New West acquired the property, there were four abandoned USTs present, three formerly used for gasoline and one for waste oil. In April 1988, immediately after acquiring the property, New West obtained results from tightness testing indicating that one or more of the tanks were leaking. New West subsequently began the excavation and removal/remediation process. Immediately prior to New West's ownership, the property was owned by Smith- Burton Properties from July 1981 to January 1988. Smith-Burton operated the property as a gas station during its seven year tenure with the property. Prior to Smith-Burton Properties' ownership, Marjorie A. Conrady owned and operated the property as a gasoline station. Ms. Conrady ran a "Major Oil" gas station from 1956 through 1981 when the property was sold to Smith-Burton. Thus, based upon the length of ownership and operating terms, Ms. Conrady is by far the most significant owner and operator of the property. LEGAL DISCUSSION Under the California petroleum underground storage tank regulations, a "responsible party" is defined as one or more of the following: (1) Any person who owns or operates an underground storage tank used for the storage of any hazardous substance; (2) In the case of any underground storage tank no longer in use, any person who owned or operated the underground storage tank immediately before the discontinuation of its use; (3) Any owner of property where an unauthorized release of hazardous substance from an underground storage tank has occurred; and 37514.1 2