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s <br /> WILSON: SONSINI.GOODRICH&Rouv %mo/ <br /> Ms. Linda Turkatte RENS <br /> May 26, 1993 <br /> Page <br /> problem at'Color Spotys expense. Under the Fifth Amendment; the Health:Department°s <br /> demand`.that Color Spot install monitoring wells on its property for the purpose of allowing <br /> the Health Department to monitor benzene eonta�mination:in the area is considered a taking <br /> for which Calor Spot is entitled to just compensation. See, ;Henr.Handler v. United States, <br /> 1:191.U.S. App. .L.EXIS 30233, a:copy of which is attached. <br /> in addition, under recent;ease law, Color Spot cannot be named in.a cleanup order <br /> unless there is "substantial evidence" to support a finding of reesponsibility. See, In tae 14 <br /> Cellulose,.Order lo. W002.-N.. As.discussed above, there is no such bvidence:in this ease <br /> since Color Spots tank did. not leapt anti benzene was not used at the site. <br /> CONCLUSION <br /> Color $pot hais estalxlisherl that its tank did not impact the soil.or groundwater at .e. <br /> site.. The tank was structurally sound when removed, and Color Spot has properly dispo�; <br /> of thdi limited contauninated soil associated with the tank. Color,Spot has perf6med <br /> additional soil and groundwater testing both on and off site, and.none of the results have: <br /> indicated that Color Spot's 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_an area-wide problem. <br /> Because of the foregoing, we respectfully request that the San,Joaquin Department of <br /> Health grant case closure to the Color,Spot site and find that groundwater investigation and <br /> monitoring at the site:is not necessary. <br /> We would be happy to meet with you to discuss this matter further. <br /> Very truly yours, <br /> WILSON, 9t7NSINI, Gt Q!)RICH & ROSATI <br /> :A Professional Corporation <br /> Debra S. Summers - <br /> DSS/kla <br /> Enclosure <br /> cc: Kevin AdAifit <br /> H-.\HOME\V M MCOLORSFnTURMIT:i,=SP2F <br />