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releasor does not respond or goes bankrupt or flees. But, to arbitrarily cause the current <br /> owner, who did not release the material, to incur these expenses, while the party directly <br /> responsible is still available, is an abusive use of the authority granted to the local agency. <br /> Just because one has the authority does not mean it should be arbitrarily exercised. <br /> The more prudent course is for the County to require Exxon-Mobile to undertake <br /> the investigation currently proposed to be taken by Palisades and, in the unlikely event, <br /> the facts indicate that Palisades has had a release on the property since its ownership, it <br /> would then be appropriate to require Palisades to undertake further investigation and <br /> remediation. However,until that initial threshold question is answered as to whether <br /> there has been any new releases, it is not appropriate for the County to arbitrarily order <br /> Palisades to incur these expenses. <br /> I believe the original Petition adequately raised these issues for the Board's <br /> review. However, if we need to file an amended petition to have this issue addressed, <br /> please let me know. Alternatively, if this letter suffices as an"amended petition,"please <br /> confirm that as well. I appreciate your thoughtful review and consideration of these <br /> issues. <br /> Very truly yo , <br /> /K?ston D. Qualls <br /> General Counsel <br /> KDQlmc <br /> cc: Chuck Nichols <br /> Chuck Miller <br /> wp9\gwffs\casias 21tr <br /> r <br /> F � <br /> • <br />