Laserfiche WebLink
November 30 , 1990 r <br /> San Joaquin County Public Health <br /> Environmental Health Division <br /> P. O. Box 2009 - - <br /> Stockton, CA 95201 <br /> Re: Underground Storage Tanks and <br /> Environmental Remediation of Hydrocarbons <br /> On May 15, 1990 ( "Petition Date" ) The Circle K Corporation <br /> and certain affiliates ( "Debtors" ) filed petitions for relief <br /> under Chapter 11, Title 11, of the United States Code ( "Bankruptcy <br /> Code" ) . As a result of that filing, the automatic stay imposed <br /> by Section 362(a) of the Bankruptcy Code prohibits creditors from <br /> taking any action (including administrative) that could interfere <br /> with the operations or the assets of the Debtors. Additionally, <br /> please keep in mind that Section 525 of the Bankruptcy Code pro- <br /> hibits discriminatory treatment of the Debtors solely because of <br /> the bankruptcy. Finally, the Debtors are not authorized to pay <br /> any prepetition claims, such as administrative penalties or fines, <br /> except with court approval or pursuant to its plan of reorganization. <br /> Pursuant to Section 365 of the Bankruptcy Code, Circle K <br /> has rejected its lease for Stores identified in the attached Exhi- <br /> bit and located in your jurisdiction. Because the Debtors have <br /> rejected the leases they are required by the bankruptcy court to <br /> vacate the premises immediately. in vacating the premises, you <br /> are advised that the Debtors will have emptied all underground <br /> storage tanks ( "USTs" ) present at these Stores and taken other <br /> steps to secure the UST systems. The Debtors will no longer be <br /> the operator of the UST system as of the date the premises are <br /> vacated; the new operator will be the landlord of the property <br /> whose name and address is listed beneath the store address in the <br /> Exhibit. Circle K does not know what the new operator' s plans <br /> are for the UST system. Furthermore, because of the bankruptcy <br /> court' s requirement that the Debtors immediately vacate the pre- <br /> mises and because the landlord will become the operator, Circle K <br /> will be unable to obtain permits or complete other required actions <br /> pursuant to California Health & Safety Code § 25298 to temporarily <br /> close such USTs. <br /> Because the Debtors will no longer have access to the <br /> premises, the Debtors will discontinue their current program, <br /> if any, to remediate petroleum contamination present at the site. <br /> Debtors ' aboveground remediation equipment will be removed unless <br /> the landlord makes prior arrangements with the Debtors for the <br /> purchase of the Debtors' interest in such equipment. <br /> THE CIRCLE K CORPORATION <br /> 6101 N. SIERRA AVENUE • FONTANA, CA 92336 • ( 714 ) 8230691 <br />