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PUBLIC HEALTH SERVICES SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DIVISION Karen Furst, M.D., M.P.H., Health Officer 304 East Weber Avenue, Third Floor • Stockton, CA 95202 °cikoRa 209/468-3420 TO: DAVID IREY,DEPUTY DISTRICT ATTORNEY SAN JOAQUIN COUNTY DISTRICT ATTORNEY'S OFFIC ENVIRONMENTAL PROSECUTIONS UNIT �V FROM: DONNA HERAN,R.E.H.S.,DIRECTOR ENVIRONMENTAL HEALTH DIVISIOTf" DATE: MARCH 10,2000 RE: REQUEST FOR LEGAL ACTION 620 EAST MARKET STREET STOCKTON,CA 95202 I. CASE SUMMARY On March 17, 1997,Letitia Briggs attended a meeting with Margaret Lagorio and Steve Sasson, Environmental Health Division(EHD);Bob Seville and Barbara Anderson, City of Stockton(COS);and Kama E.Harrigfeld,Attorney for the Stockton Record. The meeting was held to discuss three(3)' underground storage tanks(USTs)found during site assessment. The Stockton Record authorized the site assessment prior to making a purchase offer for the 600 block of Market Street in Stockton. The UST located by the consulting firm was in front of the Cunningham Hotel,620 E.Market Street, and was reportedly used for heating oil. This UST was improperly abandoned in the past. During the meeting, Briggs explained the UST did not meet Title 23,California Code of Regulations(CCR),for a home heating UST. Bringing the UST into compliance with proper registration and fees will require proof of proper closure according to the Abandoned Tank Policy alternatives. It was noted during the meeting that if proper closure information cannot be demonstrated,the UST must be properly closed,removed,and soils sampled,under EHD closure permit and inspection. This requirement was not directed to the COS or the Stockton Record. Briggs generated complaint#C0007881 and performed two complaint inspections at the 620 E.Market Street location. The fust inspection was done on April 11, 1997,when Briggs discovered a fill tube to a UST containing a dark liquid in front of the Cunningham Hotel. On April 16, 1997,Briggs issued a Notice to Abate with a May 17, 1997 compliance date and mailed the notice to Manuben Patel,with a return receipt requested. The receipt was returned signed by the hotel manager,Sanjay Patel, and stamped April 22, 1997. The second inspection was performed on April 23, 1997, with hotel manager, Sanjay Patel. During that inspection,Briggs attempted to confirm the UST piping run to the Hotel. The piping may run into the hotel,based on the pipe location running to west entrance of the hotel(see photo B-2). In July of 1997,the EHD sent a package to UST owners or operators(the billable party according to the State"A"form)informing them of upcoming UST Upgrade Workshops that were to be held in the area by the State Water Resources Control Board(SWRCB). In that package,the EHD sent the survey provided by the SWRCB asking UST owners to let us know their plans to upgrade their tank(s). The EHD didn't receive a completed survey from this facility. 'Only one UST will be discussed in this referral. A permit was obtained to remove the other two UST's by the COS,because they were located on COS property,but only one UST was found during the removal process. A Division of San Joaquin County Health Care Services