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1 cannot give rise to the presumption that the UST must have leaked <br /> 2 in the face of substantial, uncontroverted evidence to the <br /> 3 contrary. <br /> 4 Accordingly, based on competent and sufficient evidence, <br /> 5 this Board is compelled to rescind the Health Department's order <br /> 6 for further investigation and must grant the Petitioner's request <br /> 7 for case closure. <br /> 3. THE HEALTH DEPARTMENT'S ORDER, AS APPLIED TO <br /> PETITIONER VIOLATES ESTABLISHED STATE LAW AND <br /> 9 DEPRIVES PETITIONER OF EQUAL PROTECTION OF THE LAW, <br /> 10 The San Joaquin County Health Department apparently <br /> 11 believes that the detection of any level of contamination (even <br /> 12 levels that are entirely consistent with naturally occurring <br /> 13 background phenomena) Johnson. (Levine Fricke) Dec3. at p. 5 and <br /> 14 are at least one order of magnitude below the action levels used <br /> 15 state-wide as the basis to determine the need for further <br /> 16 investigation will justify unlimited financial outlays for <br /> 17 installation of monitoring wells and sample analysis. <br /> is During a meeting with Petitioner's counsel, the Health <br /> 19 Department's case worker stated that San Joaquin County's <br /> 20 requirements were intentionally much stricter than those in other <br /> 21 counties of the state. The Health Department representative <br /> 22 further stated that, after the three groundwater monitoring wells <br /> 23 required by its Order are installed, groundwater monitoring would <br /> 24 be required on a quarterly basis for the indefinite future (art a <br /> 25 <br /> 26 <br /> 27 <br /> 2 <br /> _10- R\VMC\CGLORSPTtAPPEAt.Pt4f5P2? <br />