SITE INFORMATION AND CORRESPONDENCE FILE 1

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023/04/2000 09:42 2095385P—q GEOLOGICAL TECHNT.CS PAGE 01 F X T R A TC S M Z T T A L FROM: Joe Angulo Georogical Tecfmics 7rtc. DATE: 8/4/00 2741 River Road (office) Modesto, CA 95351 TIME: 0945 #Pages: 3 (including this page) Phone: 209-538-6424 Fax: 209-538-5852 X Fax only Original to follow in mail TO: Ms. Donna Helran Fax: 209-468-3433 Director, San Joaquin County PHS/EHD I, Re: LOP Mitigation Site Code: 2080(Valentine, 2315 El Dorado St_, Stockton)and San Joaquin County PHS/EHD's written directives to responsible parties. Dear Ms. Heran: i i In my July 31,2000 facsimile to you and our subsequent conversation that afternoon, I attempted to explain a problem experienced by our organization and our clients who are responsible parties for underground storage tank release sites in San Joaquin County. The problem relates to the use of the words "recommends" and "should" in written directives from your staff in the Site Mitigation Unit_ In summary, we are requesting from you a statement to the effect that PHS/EHD recommendations are or are not lawful directives within the context of the UST regulations promulgated in the California Health and Safety Code (HSC), the California Code of Regulations (CCR), and in regards to the UST Cleanup Fund Program (USTCFP). Our clients, Mr. and Ms. Stephen Valentine, have received a directive letter (copy attached) which includes similar terminology (underlined). I would like to direct your attention to the second paragraph of page 2 specifically. The author quotes a statute, follows it with a recommendation, then issues what amounts to a legal warning regarding the destruction of an abandoned well. The warning statement does not indicate who will be the subject of an "official Notice to Abate"- the owner of the abandoned well or the adjacent property owner, our clients? As I've previously stated, our clients face punitive circumstances if they fail to comply with County directives and we seeking a written response from you to clarify this matter. Thank you for your assistance. I Joe Angulo Please Note: The information contained in this facsimile message may be privileged or confidential, and is intended only for the use of the individual named above and others who have been specifically authorized to receive it. If you are not the intended recipient,you are hereby notified that any dissemination, distribution, or copying of this communication is hereby strictly prohibited. If you have received this communication in error, or if any problems occur with transmission,please notify us immediately by telephone. I