SITE INFORMATION AND CORRESPONDENCE

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(4) Any person who had or has control over an underground storage tank at the time of or following an unauthorized release of hazardous substance. See Title 23 C.C.R., Chapter 16 § 2720. Hazardous substance is defined to include petroleum products. Under this expansive definition, it is clear that Conrady can be a responsible parry under subsections (1), (3) and (4). If so, Conrady is jointly and severally liable to the government for all oversight costs. We believe the data predominates in favor of finding that Ms. Conrady is a "responsible party." The concentrations of hydrocarbons found on the Property strongly suggest historical releases and at least two technical experts agree.' Statistically, it would be virtually impossible to operate four USTs over a twenty-five year period and not have subsurface contamination as a result of leaks, spills, or overfills.' The four USTs were installed by Ms. Conrady in 1961 and were 29 years old at the time of removal. Expert and EPA documentation indicate 10 to 20 year life spans for tanks of the same type.' Further, documentation received from NorthCal Construction from 1988 from a tank tightness test indicated that in an interview with the property manager, the manager stated that the one tank "always lost product." Furthermore, additional evidence comes from the types of constituents found. In June 1990, FGL Environmental performed soil testing that revealed the presence of lead. Lead was an anti-knock ingredient in gasoline until the advent of automobile pollution control devices requiring unleaded gasoline on or about 1972. Thus, the correlation between the types of constituents found and the historical data provide further evidence of a historic product release from the tanks prior to 1972. Mrs. Conrady relied solely on her current status as a lien holder and disregarded her 25 years of ownership and operation in her request to be removed as a responsible party. The fact Ms. Conrady is also a lien holder as well as being a past owner and operator should not insulate Mrs. Conrady from liability. Moreover, Ms. Conrady has offered no proof to date to support her allegations that the USTs did not leak during her tenure and the allegations are controverted by the data on the site and expert opinions. We will be happy to provide chain of title records or other information to assist you, and look forward to your response. 'The depth and extent of contamination strongly suggest a historical release: almost 900 cubic yards of soil were impacted as well as groundwater with contamination present at 85 feet below ground surface. 'The release report Bled in 1990 lists the cause as historical overfill or corrosion. 'EPA, the American Petroleum institute, and the Petroleum Engineering Institute studies indicate that unprotected, steel tanks without cathodic protection have an average operational life of 10 to 20 years. 37514.1 3