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D Doug Wilson JUL 1 0 1992 Public Health Service July 10 , 1992 Page Two ENVIRONMENTAL HEALTH PERMIT/SERVICES first, without a permit . He tested without any employee from the Health Department being on site to monitor the testing. He did not supply any copy of the test results to the County. he did not do the testing in accordance with accepted stand- ards . He is in fact operating there without a permit . All this and he takes the position that he voluntarily undertook the testing to be a good citizen. The fact of the matter is that he did no testing at all until October 4 , 1991. He did that only to attempt to find evidence that might assist him in undoing his contract with me. 3 ) Vintage has failed to have any pressure test or precision testing of the tanks made at Pacific Avenue since he took over August 15 , 1990 . He has failed to have the gas lines tested there. Further, he has not provided the Health Department with any of the required quarterlies for the inven- tory supply method, nor with any of the annuals required after the new law went into effect. 4 ) Mr. Giambanco is pleading poverty but he has not made a payment of any of the sums due to me since June 1991. He further owns real estate in Stanislaus County as well as other counties and he represents himself, when convenient , to be a person of substantial means . I would certainly like to see him present a financial statement under penalty of perjury to the County, if his finances are any kind of con- sideration as to what it will do . Further, at page 48 , line 11, of his deposition, given under oath, he stated that he has doubled at Pacific the number of cars that I used to wash there. 5 ) With respect to the allegation that I have been un- cooperative, that is nonsense. I have refused to provide funds to assist Mr. Giambanco to clean up a contaminated station that I believe he deliberately caused to be contam- inated in order to attempt to avoid his contractural obli- gations with me because he failed to make a go of the business that he purchased through mismanagement , and in part perhaps because of economic conditions . 6 ) Mr. Giambanco ' s statements that he and I discussed the possibility of electrolysis with respect to the two sites and that "this contamination problem has been there for years : any such discussions are a figment of his imagin- ation. It ' s hard to believe that he would purchase the prop- erty that he allegedly was told had electrolysis problems in it . 7 ) Mr. Giambanco states that "we were never able to