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LAW OFFICES <br /> DORAZIO, BARNHORST & BONAR ✓,- <br /> A PROFESSIONAL CORPORATION uE ') ,3 38 <br /> HOWARD J.BARNHORST II 438 CAMINO DEL RIO SOUTH, SUITE 8-223 <br /> VIRGINIA G.SONAR P.O. BOK 880209 <br /> JOEL L.INCORVAIA SAN DIEGO, CALIFORNIA 92108.0005 <br /> LAUREL LEE HYDE %G I��';°,!' Mj(M4A LOORAZIO.JR. <br /> CYNTHIA J.GLANCY )619) 297-8900 RETIRED <br /> STEVEN P. M-DONALD TELECOPIER)619)297-7649 <br /> ROBERT J.COLI <br /> MICHAEL D. OUZZI <br /> KAREN H.CANOFF <br /> CHRISSA N.CORDAY <br /> MARK E.STUTZMAN - <br /> DAVID S.COHN <br /> ROBIN F. LAKE December 8 1988 <br /> LAURI CROCE STREETER <br /> GARY G.ALLEN <br /> Lisa Brown, Esq. COPY <br /> Deputy District Attorney <br /> Environmental Prosecutions Unit <br /> Office of the District Attorney <br /> 222 East Weber Avenue <br /> P. O. Box 990 <br /> Stockton, California 95202 <br /> Re: Port of Stockton <br /> Our File No. 1051. 01 <br /> Dear Lisa: <br /> Thank you for sending me a copy of the Department of Health <br /> Services' analysis of the ownership of the tanks on the Energy <br /> Petroleum ("EP") leasehold. We concur in Mr. Henderson's finding <br /> that the Port is not the owner of the tanks and thus is not <br /> responsible for the closure of the tanks. <br /> As set forth in our letter to you Of July 29, 1988 , and as Mr. <br /> Henderson's analysis confirmed, EP is an owner of the tanks and <br /> has clear responsibility for the closure of the tanks. We think <br /> it is incTimbent on the Health Department now to order EP to close <br /> the tanks in compliance with the Health and Safety Code. As we <br /> have discussed in prior correspondence, the automatic stay of the <br /> Bankruptcy Code does not prohibit the issuance or enforcement of <br /> such an order. <br /> To ensure the enforceability of the order, given EP's tenuous <br /> financial condition, the Health Department should also include Mr. <br /> - --- -- - ----- <br /> - - - - <br /> -Pete Smith ersonall as a named �artY on the order as an owner <br /> and operator of the tanks. The definitions of the terms "owner" <br /> and "operator" are not clear in the underground storage tank <br /> 1 statute or regulations; therefore, it is appropriate to look <br /> elsewhere to define these terms. Under the Hazardous Substance <br /> Account Act, which is closely related to the underground storage <br /> tank statute in both subject matter and approach, the definitions <br /> of the terms "owner" and "operator" both may clearly include <br />