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N`UNDCAL LAW DEPT. 11 . 18. 1997 17: 10 P. 3 Ms.Mary Ways November 1a, 1997 Page 2 During our meeting,we also had a discussion.as to whether Tosoo could be a"responsible party" with respect to a release that occurred prior to the time Tosco acquired the property. Neither the statute nor the regulations relevant to underground tank cleanups de iric the term "responsible party". However, it is my understanding that most regional boards, as wall as tho Stale Water Resources Control Board, have Ween the position that someone who purchases a property on which a release from an underground storage tank has occurred may be ordered to take steps to investigate and remediate that release; i.e., be a "responsible party". Where, as here, the purchaser has contractually agreed to undertake such responsibilities, has acknowledged that responsibility in writing, has control of the property and has paid for such actions, It seems entirely reasonable and consistent with both the statute and state policy that Tosco be considered"responsible party." In particular, Tosco appears to fall squarely within the definition of"operator", which includes "any person in control of, or having daily responsibilities fbr, the dally operation of an underground storage tank system." California Health and Safety Code§25281(1). At our meeting, we spent some time discussing the fact that the former MW 1, 9, and 11 appear to have been abandoned without a permit. Those wells were still In place and wore sampled during the January 16, 1997, sampling event which is the fast quarterly sampling event that occurred during Union's ownership of the site, This Is consistent with the view you expressed at the meeting that the wells had been abandoned somatime during the summer of 1997. By copy of this letter to Tom Skok. I am requesting that Tosco provide written information both to Union and to you regarding what efforts will be undertaken to locate these wells and to ensure their proper abandonment. Finally, to the extent that the County finds it necessary to communicate with Union with respect to the station, I requested that all such correspondence be directed to me at the address indicated above. All other correspondonee regarding Union Oil sltns in San Joaquin County should be directed to Mr. Boust at the address and/or phone number Indicated in my November 7, 1997 letter to you. If you have any questions regarding the foregoing, or wish to discuss any aspect of Lhasa matters, please do not hesitate to call me. ly yours, l� r iemiec cc: Gordon Boggs, CVRWQCB Robert Bourt David Irey, San Joaquin County Deputy District Attorney David Luick,Dayton Hudson Corporation Jim Munch, SWRCB W,Thomas Skok,Esq. ..+END...