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1 <br /> T , <br /> 555 Capitol Mall, to Floor P: 916/444-1000 <br /> D O W N E Y BRAND Sacramento, CA 95814 F: 916/444-2.100 <br /> ATTORNEYS LLP downeybrand.com <br /> Nicole R. Gleoson CD <br /> i ngleason@downey6rand.com C -� <br /> 3 - <br /> o <br /> �D <br /> June 10, 2003 •� <br /> VIA FACSIMILE;AND MAIL <br /> Al Olsen, R.E.H.S <br /> _ Laurie A. GXL111a, R_L.I LS <br /> j Program Managers <br /> Environmental Health Department <br /> County of San Joaquin I <br /> 304 East Weber Avenue, Third Floor <br /> Stockton, California 95202-2708 <br /> Re: 640 N. San Joaquin Street, Stockton, California 95202; UST Corrective Action <br /> Dear Mr. Olsen and Ms. Cotull.a: <br /> Downey Brand LLP represents David and Marianne Warwick, the former owners of the property <br /> located at 640 N. San Joaquin Street in Stockton, California (":Property" or "Site").' Our clients <br /> incurred significant corrective action costs while investigating the extent of an unauthorized <br /> release from an underground storage tank system on the Property-("UST"). To recover some of <br /> these unexpected costs, our clients applied to the Underground Storage Tank Cleanup Fund <br /> ("Fund") for reimbursement. After reviewing the Warwicks' application, the State Water <br /> Resources Control Board ("State .Board") requested a copy of The directive letter from San <br /> _ Joaquin County, Environmental Health Department ("County") .narnin_g our clients as the <br /> responsrble party aricldii-ctina them to perform the corrective action. _ __. - <br /> I <br /> I spoke with Margaret Lagorio of your office regarding the State Board's request. I was <br /> surprised that although the County supervised sampling activities at the Site, reviewed and <br /> approved the proposed release investigation and issued a.No Further Action letter, Ms. Lagorio <br /> refused to supply the Warwicks with a letter-confir.ining that the County directed the Warwicks <br /> to perform corrective action. Ms. La_Qorio explained to me that because the discovery and <br /> investigation of the release occurred in part with an environmental site assessment and because <br /> (lie investigation concluded with the closure of the tank, none of the activities at. the Site could be <br /> characterized as corrective action. Respectfully, we do not believe that this position is consistent <br /> with the applicable California statutes or regulations defining a corrective action and request that <br /> I'lic properly was known as Hcriia,e Square and is now a charlcr school within the San Joaquin Uni ficcl School 1 <br /> District <br />