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WILSON,S0NSINI,GOODRICH&ROSATI <br /> Ms. Linda Turkatte, REDS <br /> May 25 1. 993 <br /> ;Page 5 _ <br /> t <br /> problem.at or Spot's expense.. Under the Fifth Amendment, the Health Depar'tment's <br /> demand that Color Spot install;monitoring wells on its property for the purpose of allowing , <br /> �Ghe I-Iealtb Impartment to monitor benzene contamination in the area is considereda taking <br /> for which Color Spot is entitled to just compensation. See, Henry Handler v. United States,. <br /> 1191 tTS A s <br /> pp LEXIS 31)233, a copy of whish is attached. <br /> A. S <br /> In addition, Winder recent caw law, Calor Spot cannot be named in a.cleanup order; <br /> f unless'there:is "substantial evidence" to support a finding of responsibility, See, In re LJ_ S: <br /> I Cellulose, Order'No W <br /> Q9 -44. As discussed above, there is no such evidence in thus cage <br /> since Color.Sptyt's tank Jid. not leak and benzene was <br /> not used at the,site. . <br /> CONCLUSION <br /> Color Spot has established. that its tank did nett impact the soil or groundwater at the <br /> site. lbe tank:was s�rall sound when removed, and Color S t has ro rl " di sed <br /> y po p Pe y spo , <br /> MI.-the Iim1 4, contaminated soil associated with the tank. Color Spot has performed <br /> "'ti nal soil and groundwater testing both on and off site, and none of&:results have <br /> �nclieated that:Color Spots tank,contaminated the environment. It is.neither equitable nor'' <br /> legal to require Color Spot'to monitor groundwater when its tank could.not;have contributed <br /> to a4 area=vide problem. <br /> Because of the foregoing, iwe respectfully request that the:San Ioaquiti I)epirtmentf <br /> Health grant case closure to the Color.Spot site and find that groundwater investigation aI4 <br /> monitoring at the.site snot necessary. <br /> We would•be. to meet with.• ou to discuss this matter further, R <br /> spy' � All ; <br /> Very truly yours,, <br /> WILSON <br /> SONSIItif , GOODRICH & R0, ATI <br /> A Professional Corporation p <br /> .,: <br /> /,,.yam yJJyr 4. y � <br /> Debra S. 'Summers- <br /> Y <br /> DSS:kla <br /> inclosure:: <br /> CO. Kevin Adams- <br /> H:IHOMEIYMOCOLORSI-nTURK05E7. TR(5P2): I <br />