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Ms. Margaret Logorio <br /> June 3, 1998 <br /> Page 2 <br /> In your letter of today's date addressing our concerns regarding the improper failure to <br /> identify Chevron, Signal Oil Company or Louise DeMartini as responsible parties you state the <br /> following: <br /> "As to the identification of responsible parties, your attorney <br /> provided a copy of a lease agreement between John and Louise <br /> DeMartini and the Signal Oil Company which was purchased by <br /> Chevron. This document does not prove that Signal Oil Company <br /> was the last owner or operator of the UST's before their use was <br /> discontinued. Until evidence is provided that Signal Oil (Chevron) <br /> was the last owner or operator of the UST's before their use was <br /> discontinued, you will remain the only responsible party named by <br /> PHSIEHD. You meet the definition of a responsible party because <br /> you are the owner of the property where an unauthorized release of <br /> a hazardous substance from and underground storage tank has <br /> occurred." <br /> As noted in our previous correspondence to you, a person or entity is a responsible party <br /> under 23 CCR § 2720 when they are"(2) [i)n the case of any underground storage tank no longer <br /> in use, any person who owned or operated the underground storage tank immediately before the <br /> discontinuation of its use". <br /> Your correspondence completely failed to state any reason for your failure to name Louise <br /> DeMartini as a responsible party despite being provided with proof that she was the owner of the <br /> underground storage tanks - as a fixture to the property- immediately before the discontinuation of <br /> the use of the tanks. During our telephone conversation of this date you indicated that mere proof <br /> of ownership of the real property was insufficient - with respect to Mrs. DeMartini but not Mrs. <br /> Sandberg-to prove ownership of the underground storage tanks. You further stated that you would <br /> not put this opinion in writing and that you had other matters to work on beside Mrs. Sandberg. <br /> We would ask that you review the documents that have been provided, and again give some <br /> consideration to our assertion that both the Signal Oil Company and thus Chevron U.S.A., and <br /> Louise DeMartini are responsible parties under 23 CCR § 2720. <br /> Sincerer, <br /> Regina M. Boy <br /> Enclosures <br /> cc: Dorothy Sandberg <br /> Mary Lynn Belsher, Esq. <br />