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1'dlichael F. Babitzke, In ? <br /> Professional Corporation <br /> Michael F. Babitzke <br /> Frank Inglis <br /> October 30, 1990 Attorneys at Law <br /> Letitia Reseh <br /> San Joaquin Local Health District <br /> 1601 E. Hazelton Avenue <br /> Stockton, CA 95205 RECEN" D <br /> Re: EPA SITE: CAC 000223089 NQV 5 1990 <br /> FACILITY NAME: Largin 's Service <br /> TANK ID #: 1534-01 and 1534-02 ENVIRONMENTAL HEALTH <br /> Dear Ms. Resch: PERMIT/SERVICES <br /> In conformity with our telephone conversation during the <br /> week of October 22, 1990, I have conducted additional research <br /> concerning the matter of Largin 's Service. You indicated to me <br /> that the appropriate statutory authorization for the activities <br /> involved was Health and Safety Code sections 25295 and 25298 . In <br /> reviewing Health and Safety Code section 25298c, I believe that <br /> You will agree with me that there are no residual amounts of <br /> hazardous substance or hazardous substances that are still on the <br /> premises of Largin 's Service especially since those tanks have <br /> not been operational for five years; I believe that you would <br /> agree that Mr. Largin has adequately sealed the system to <br /> minimize any threat to public safety. Indeed, I believe that the <br /> concrete overlay utilized by Mr. Largin absolutely sealed the <br /> system and prevented any possibility of water intrusion or runoff <br /> into a tank system. I also believe that you would agree that <br /> maintenance of the tank system would be no longer required since, <br /> the tank has in fact been removed . <br /> It thus appears, that the issue between Mr. Largin and the <br /> local health service would center on Health and Safety Code <br /> section 25298(c)4 which reads that the person closing an <br /> underground tank system must "demonstrate to the appropriate <br /> agency which has jurisdiction over the site that the site has <br /> been investigated to determine if there are any present or past <br /> releases and if so did appropriate corrective or remedial actions <br /> have been taken" . <br /> Pursuant to Health and Safety Code section 25281(n) release <br /> means any spilling, leaking, emitting, discharging, escaping, <br /> leaching or disposing from an underground storage tank into or on <br /> the waters of the state, the landfill or the subsurface soils . <br /> Hazardous substances is defined in Health and Safety Code <br /> section 25316. <br /> Pursuant, however, � � <br /> to Health and .Safety Code section 2317, <br /> a hazardous substance does not include: (a) petroleum, including <br /> crude oil or any fraction thereof which was not otherwise <br /> specifically listed or designated as a hazardous substance in <br /> 305 Great American Plaza •6 South El Dorado 9 Stockton, California 95202 *(209)465-5722 •FAX 465-0714 <br />