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LAW OFFICES <br /> DOAAZIO, BAENHOHST & BONAE <br /> A PROFESSIONALCORPORATION <br /> HOWARD J. BARNHORST 11 438 CAMINO DEL RIO SOUTH, SUITE 8-223 <br /> VIRGINIA G.SONAR P.O. BOX 860209 <br /> JOEL L.INCORVAIA SAN DIEGO, CALIFORNIA 92108-0005 <br /> LAUREL LEE HYDE MICHAEL DORAZIO,JR. <br /> CYNTHIA J.GLANCY - (619) 297-8900 RETIRED <br /> STEVEN P. M-DONALD TELECOPIER(619)297.7649 <br /> MARTHA O.ANDERSON TELEX 697103 BARNDOR <br /> RORY R.WICKS <br /> ROBERT J.COLI <br /> MICHAEL D.LIUZZI <br /> KAREN H.CANOFF <br /> CHRISSA N.CORDAY <br /> MARK E.STU TZMAN <br /> DAVID S.COHN July 29, 1988 ��IIYYII�� <br /> ROBIN F. LAKE <br /> AURICROCE STREETER <br /> GJ , <br /> GARY G.ALLEN <br /> F:u6 IC), 1988 <br /> Lisa F. Brown, Esq. ENVIROMENTAL HEALTH <br /> Deputy District Attorney <br /> PERMIT/SERVICES <br /> Environmental Prosecutions Unit <br /> San Joaquin County District Attorney's Office <br /> San Joaquin County Courthouse, Room 202 <br /> Post Office Box 990 <br /> Stockton, California 95202 <br /> Re: Energy Petroleum Underground Storage Tanks <br /> Our File Nos. 1051-01 <br /> Dear Ms. Brown: <br /> This letter responds to your recent questions as to the Port of <br /> Stockton's ("Port") analysis of the responsibility of the Bank of <br /> Stockton ("Bank") , Energy Petroleum ("EP") and the Port for the <br /> underground storage tanks ("tanks") on the EP property. <br /> Initially, the Port believes yout office and the Health Department <br /> need not and should not be the arbiters of a dispute purely <br /> between the Port, EP and the Bank. Instead, your office (or the <br /> ` Health Department) should simply order all parties that may be <br /> 1\/ responsible to perform the removal. Those parties would then <br /> proceed to resolve the ultimate issue of their liability among <br /> themselves. It unfairly prejudices the Port vis-a-vis these other <br /> parties if your office acts as judge and jury in singling out the <br /> Port as responsible, and forcing the Port to bear the burden and <br /> expense of initiating a private, civil action to hold the Bank and <br /> EP liable or to contest the position of the Health Department. We <br /> submit that it is in the interests of the public and the Health <br /> Department to order all potentially responsible parties to comply <br /> to ensure that the appropriate party or parties will respond with <br /> appropriate actions. <br /> EP bears obvious responsibility for the tanks. EP owned the tanks <br /> at least during the term of its tenancy prior to its bankruptcy. <br /> Moreover, as we have discussed in prior correspondence, EP's <br /> bankruptcy does not prevent the Health Department from issuing EP <br /> an order to comply with the requirements of the underground <br />