Laserfiche WebLink
N <br />JAMES J. HOHI ITZELL 6 ASSOCIATES <br />EN11RONMENTAL. CONSULTANTS <br />GENERAL. ErGINEERING A. LICENSE #365234 HAZ <br />REGISTERED EIMRONMENTAL ASSESSOR, REA-03121 <br />12 JUNE, 2001 <br />OFFICE OF CALIFORNIA STATE ATTORNEY GENERAL <br />DEPARTMENT OF JUSTICE <br />P.O. BOX 944255 <br />SACRAMENTO, CALIFORNIA 9+244-2550 <br />UMLN <br />CALIFORNIA STATE WATER RESOURCES CONTROL BOARD <br />OFFICE OF CHIEF COUNSEL <br />1001 °"i" STREET <br />P.O. BOX 100 <br />SACRAMENTO, CALIFORNIA 95812-0100 <br />GENTLEMEN: <br />t� our <br />P <br />IN RE: SAN JOAQUIN COUNTY A POLITICAL SUBDIVISION OF THE STATE <br />OF CALIFORNIA AND SAN JOA UIN COUNTY'S REFUSAL TO FOLLOW <br />STATUTORY LAW <br />I WRITE YOU ON BEHALF OF MY CLIENT: <br />MR. JAGENDER SINGH <br />650 E. MINER AVENUE <br />STOCKTON, CALIFORNIA 95202 CSITE) <br />AS WELL AS ON BEHALF OF MYSELF. IT IS MY CONTENTION THAT SAN JOAQUIi <br />COUNTY IS REFUSING TO FOLLOW THE LAW, IS ACTING ARBITRARY AND <br />CAPRICIOUS, IS CREATING IRREPARABLE HARM TO MY CLIENT AND TO ME <br />AND IS MANIFESTING EGREGIOUS CONTEMPT FOR THE LAW BY THEIR REFUSAL <br />TO ISSUE A PERMIT FOR THE REMOVAL OF ONE Cl) UNDERGROUND FUEL <br />STORAGE TANK AT MY CLIENT'S SITE AS REFERENCED ABOVE. IT HAS BEEN <br />REPORTED TO ME THAT PURSUANT TO EXISTING STATE AND FEDERAL LAW, <br />LOCAL GOVERNMENT IS EXEMPT FROM ANY LEGAL ACTION RELATIVE TO ANY <br />NEGLIGENCE, MALFEASANCE OR OTHER RELATED ACTLON_.ORTNONACTION ON <br />THEIR PART. MY CLIENT AND I ARE LEFT WITH NO REMEDY AT LAW OTHER <br />THAN AN OAPPEAL <br />ISSUUETA TANK REMOVAL PERMIT WHICHR OFFICES ASKING THAT YOASDBEENTSAN PROPERLY4UIN <br />COUNTY TO i55 <br />APPLIED FOR. <br />THE FACTS ARE AS FOLLOWS. MR. SINGH PURCHASED A CORNER LOT AT <br />650 E. MINER AVENUE, STOCKTON, CALIFORNIA ON 26 NOVEMBER, 1998. MR. <br />SINGH RELIED ON REPRESENTATIONS MADE BY A PHASE I, PHASE II <br />ENVIRONMENTAL REPORT PREPARED BY ENVIROSEARCH AS A RESULT OF THEIR <br />SITE VISIT OF 08 --MARCH, 1994. ENVIROSEARCH WAS HIRED BY THE EXISTI� <br />PROPERTY OWNER OF 1994, GEWEKE AUTO DEALER LAND MARKETING GROUP, <br />ALSO THE SELLER OF THE LAND IN 1998. FOR UNRELATED REASONS, <br />MR. <br />SINGH RETAINED MY FIRM TO CONDUCT A SITE REVIEW. DURING MY SITE <br />�ii 2�Ol-"D DISCOVERED AN APPARENT <br />REVIEW THE LAST WEEK OF MARC <br />1,000 GALLON UNDERGROUND FUEL STORAGE TANK WHICH I ESTIMATED A BE <br />LEGALAPPROXIMATELYYTO REPORTGTHIOSNTANK TOLLS. I VSANDJOAQUINNGH T <br />HE HA <br />COUNTY <br />LEGAL ENVIRONMENTAL <br />DUTY <br />HEALTH DIVISION. <br />