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WILLIAM B. LOOK, JR. RECEIVE D ATTORNEY AT LAW OCT 1 6 1g90 CASA FUENTE BUILDING 448 PACIFIC STREET ENVIRONMENTAL HEALTH MONTEREY,CA 93940 (408)372-1371 PERMIT/SERVICES FAX:(408)372-5779 October 12, 1990 Laurie A. Cotulla, REHS Environmental Health Division Public Health Services San Joaquin County Post Office Box 2009 Stockton, CA 95201 Re: 521 North Cherokee Lane Lodi, CA 95240 Site Code: 1324 Dear Ms . Cotulla: This letter will follow up my letter of October 10, 1990 . In your letter of October 1, 1990 you used the phrase "responsible party" with regard to the contamination site. You also invoke Water Code section 13267 which relates enforcement action to abate the relase of wastes into state waters . "Responsible party" and "response costs" are terms of art under the Federal CERCLA law. I am not sure they can be 'borrowed' in an action under the Water Code, since, among other things, a gasoline spill is not covered by CERCLA. However, under the Water Code "the person or persons who dis- charged the waste [into waters of the state] shall be liable" for expenses of enforcement or clean up. My clients are elderly, ill, and have been retired since 1972 . At all times they were absentee landlords . The 10, 000 gallon tank which leaked was installed by their leasee Lerner Oil Co. , Inc . (without consent of the land- lord) sometime between 1972 and 1974. Lerner was in exclusive possession of the premises until 1980, when La Mesa Energy Corp. acquired the Lerner Oil Co. lease. Thereafter, Jardine Petroleum Corporation leased the premises and was in possession until 1986, when gasoline sales at the site stopped. During the term of the oil company' s occupation of the site, they had complete control of all operations at the site. My clients had neither legal right nor technical knowledge to control their activity at the site. Further, as your department is well aware, the contamination was not discovered until 1988 .