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*.. %.i V. STATEMENT OF FACTS April 24, 1995** Letitia Briggs, PHS-EHD, received complaint #C0003711 over the telephone. The complainant first inquired about the status of an alleged/unregistered UST at 2523 East Scotts Street (Did this UST meet farm tank requirements?) . The complainant was told the UST would not meet farm tank requirements, and a complaint would be generated for UST follow up. May 2, 1995** I received the hard copy of complaint #C0003711. I called the Assessors office to verify site ownership. The owners of 2523 E. Scotts Street in Stockton are Dennis and Sherry Romero. The site is located within the city limits. (Complaint 2 A) May 3, 1995 I received a phone call request for information on farm tank closures. The caller identified himself as David Fisch. Mr. Fisch did not give the UST site address when asked. I told Mr. Fisch no fee or permit was required from PHS- EHD to remove a farm tank. However, a fire permit was required and I told Mr. Fisch to call the fire department for the permit. (Local Guidance letters LG - 13 & LG 109 Attachments 4 & 5) A short time later I received a phone call from Capt. Gary Kuhlken, Stockton City Fire Department (COs) for farm tank information. Capt. Kuhlken had also received a call from Mr. Fisch about an UST located on Scotts Street. Capt Kuhlken had informed Mr. Fisch that he needed a signed Permit from PHS-EHD prior to COS Fire Permit issuance. I told Capt. Kuhlken that farm tanks do need to prove farm tank status. I needed more information on this UST so I requested Capt. Kuhlken give Mr. Fisch's telephone number to me. As per Capt. Kuhlken, Mr. Fischs' phone number is #(209)467-6735. May 4, 1995 I phoned Mr. Fisch and left a message on his recorder that additional information was needed on the Scotts Street UST before removal as a farm tank. Later, I received a phone call from Diamond Walnut stating the telephone #467- 6735 belonged to their business and the caller said he did not know a Mr. Fisch. On May 23, I re-dialed the #(209)467-6735 given to me COS Fire as the Fisch Environmental phone #. I reached Diamond Walnut and asked operator the name of the employee using this number. This phone # belongs to Mike Lescisin. May 5, 1995 Complaint #C0003711 inspection revealed UST in Back of pickup. Wrote an Abatement Notice to contractor stating he must obtain proper permits before removing the UST from the premise. (Contractors' Notice 3 M) May 5, 1995** I was driving east on Scotts to perform site UST complaint #C0003711 inspection, when I saw a blue pickup with a small UST sitting in the back in front of the complaint address 2523 E. Scotts. I stopped and spoke to the man tightening the straps on the UST. The blue truck had a logo for Fisch Environmental Construction Services on the door. I asked the man who he was. The man identified himself as David Fisch, contractor, and told me he had just removed the UST and placed it on his truck at the request of the owner. I asked Mr. Fisch if he had a fire permit. "No", he replied. Then Mr. Fisch stated, well, you didn't call me. ,, I replied, ,Yes, I did call you. However, the number you gave the Fire Department was incorrect. " I wrote an Abatement Notice for Mr. Fisch stating he must obtain proper permits before removing the UST from the premise. Mr. Fisch took me onto the site. He had replaced the UST in its former location (center east side) of the driveway. I saw the small Bobcat used in UST removal, the UST, with the marking 203H on one and, and a two foot window 3