SITE INFORMATION AND CORRESPONDENCE_1

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Ms . Margaret Lagorio F December 16, 1994 Page 3 the names of other parties who may have operated the service station.2 r Del Monte never operated the service station at the Disco Site. Therefore, although Del Monte may technically be a "responsible party" as defined by the regulations, Del Monte has no true responsibility or culpability for the releases at the f site . Despite the fact that bel Monte is effectively an E innocent landowner, at the direction of the County, Del Monte has expended considerable amounts in removing the tanks and investigating and monitoring the site . Based on the facts and information contained in this letter, we believe that the County should now consider Mr. Simmons and Fampar, Inc . as the responsible parties for this site You have previously advised that upon receipt of the information contained in this letter the County would notify the persons identified that they are responsible parties. We respectfully suggest that the County do so at this time. Del Monte also believes that these parties--who owned the site and the service station while it was operating--should be designated as primarily, responsible for cleanup. The County should regard Del Monte as only secondarily responsible (if at all) for cleanup at the site. Only if the primarily responsible parties fail to comply with the County' s directives should Del Monte be forced to continue to expend money to remediate contamination caused by them.' 2 Mrd Simmons' attorney advised that John S. Rising, Jr. built and managed the service station. Mr. Rising' s residential address is 842 North Point Street San Francisco, CA 94109; he conducts business at 100 Pine Street, Suite 2275, San Francisco, CA (415) 421-4010 . Del Monte contacted Mr. Rising, who recalled that another Parmaceast limited partner, Charles Watt, built the station. Del Monte has also attempted to contact Mr. Watt regarding his potential involvement at the site: 3 . The State Water Resources Control Board supports treating an innocent landowner as secondarily responsible where the responsible parties are identified. See e.g. , September 27, 1994 letter from Walter Petit, Executive Director, State Water Resources Control Board, to Jeanne M. Zolezzi, In the Matter of I the Petition of Roek Brothers to Review Local Oversight Program Determination Concerning 102 South Wilson way, Stockton, San Joaquin County Public Health. Services, Environmental Health Division (see Attach. E) ; In the Matter of Wenwest, State Board Order No. WQ 92-13 . 11818558 - -