Laserfiche WebLink
OFFICE OF THE DEPUTY COUNTY COUNSEL <br /> OCT Z 8 COUNTY COUNSEL REBECCA DAVIS <br /> DAVID WOOTEN <br /> ,. ENVIRQNMWAL HEA1.I H COUNTY OF SAN JOAQUIN STEVEN B. BASSOFF <br /> PERMIT/SERVICES COURTHOUSE, ROOM 711 ROBYN TRUITT DRIVON <br /> EDWARD R.BURROUGHS <br /> GINDFS <br /> 222 EAST WEBER AVENUE LISA L.GINDES <br /> STOCKTON, CALIFORNIA 95202-2777 LAWRENCE P. MEYERS <br /> JOHN F. CHEADLE TELEPHONE 468-2980 (AREA CODE 209) <br /> COUNTY COUNSEL <br /> FAX 468-2875 (AREA CODE 209) LITIGATION DEPUTY <br /> CILBERTBERTO GUTIERREZ <br /> T ERRENCE R DERMODY SANDRA MICHAEL AFFONSO <br /> ASSISTANT COUNTY COUNSEL PATRICIA M. FREDERICK <br /> PATRICK H. CURRAN CHILD PROTECTIVE <br /> CHIEF LITIGATION DEPUTY <br /> SERVICES COUNSEL: <br /> MICHAEL McGREW (209) 468-1330 <br /> CHIEF DEPUTY October 22 , 1992 JANINE MOLGAARD <br /> ROBERTA C.LAGOMARSINI <br /> M E M O R A N D U M <br /> TO: RON VALINOTI, Director <br /> Environmental Health Services ►I(JI` L' r Lb' f <br /> MICHAEL McGREW <br /> FROM: MI <br /> Chief Deputy County Counsel <br /> RE: CalTrans' Underground Tanks <br /> CalTrans discovered an unknown underground tank during <br /> excavation under the Crosstown Freeway for the building expansion <br /> project to the Senior Services Agency. CalTrans contracted for the <br /> tank removal under permit and paid the fees. Environmental Health <br /> is assessing CalTrans for back fees for the ownership of the <br /> unknown tank. <br /> It appears that it is not the intent of the underground <br /> tank law (Health and Safety Code Section 25280 et seq. ) to assess <br /> fees for unknown tanks. If the landowner is aware or should have <br /> knowledge that a tank is in the ground, the landowner should <br /> register the tank and pay the fees. If the landowner is not aware <br /> of the tank until excavation, the landowner should not be under a <br /> duty to register the tank and pay the fees. It would have been <br /> impossible for the landowner to register an unknown tank. The law <br /> does not require impossibilities. Civil Code Section 3531. In <br /> addition, it would have a chilling effect on the proper removal of <br /> unknown tanks. The retroactive assessment of owner' s fees would <br /> encourage illegal removal. <br /> I am aware that the Board of Supervisors reluctantly <br /> upheld the retroactive assessment of ownership fees in a case where <br /> the landowner was unaware of the law. That case is <br /> distinguishable. The landowner knew he had the tanks. He just did <br /> not use them or register them. <br /> 0 0 <br />