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08/16/2000 17: 18 2095385P"'O GEOLOGICAL TECHP'I�S PAGE 05 <br /> F A X <br /> TRANSMITTAL <br /> FROM: Joe Angulo GeofogkafTecfmiLS Inc. <br /> DATE: 8/4/00 2741 River Road (office) <br /> Modesto, CA 95351 <br /> TIME: 0945 <br /> Phone: 209-538-6424 <br /> 9 Pages: 3 (including this page) <br /> Fax: 209-538-5852 <br /> X Fax only <br /> Original to follow in mail <br /> TO: Nis. Donna Herani Fax: 209-468-3433 <br /> Director, San Joaquin County PHS/EHD <br /> Re: LOP Mitigation Site Code: 2080 (Valentine, 2315 El Dorado St., Stockton) and San <br /> Joaquin County PHS/EHD's written directives to responsible parties. <br /> Dear Ms. Heran: <br /> In my July 31, 2000 facsimile to you and our subsequent conversation that afternoon, I attempted <br /> to explain a problem experienced by our organization and our clients who are responsible parties <br /> for underground storage tank release sites in San Joaquin County: The problem relates to the use <br /> of the words "recommends" and "should" in written directives from your staff in the Site i <br /> Mitigation Unit. In summary, we are requesting from you a statement to the effect that <br /> P14S/EHD recommendations are or are not lawful directives within the context of the UST <br /> regulations promulgated in the California:Health and Safety Code (HSC), the California Code of <br /> Regulations (CCR), and in regards to the UST Cleanup Fund Program(USTCFP). <br /> Our clients, Mr. and Ms. Stephen Valentine, have received a directive letter (copy attached) <br /> which includes similar terminology (underlined). I would like to direct your attention to the i <br /> second paragraph of page 2 specifically. The author quotes a statute, follows it with a <br /> recommendation, then issues what amounts to a legal warning regarding the destruction of an <br /> abandoned well. The warning statement does not indicate who will be the subject of an"official <br /> Notice to Abate"- the owner of the abandoned well or the adjacent property owner, our clients? <br /> As I've previously stated, our clients face punitive circumstances if they fail to comply with <br /> County directives and we seeking a written response from you to clarify this matter. <br /> I <br /> Thank you for your assistance. <br /> Joe Angulo <br /> )Please Note: The information contained in this facsimile message may be privileged or confidential, and is <br /> intended only for the use of the individual named above and others who have been specifically authorized to receive <br /> it. If you are not the intended recipient,you are hereby notified that any dissemination, distribution, or copying of <br /> this communication is hereby strictly prohibited. If you have received this communication in error, or if any <br /> problems occur with transmission,please notify us immediately by telephone. <br /> i <br />