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PUBLIC HEALTH SERVICES SAN JOAQUIN COUNTY JOGI KHANNA M.D.,M.P.H. . y` � Health Officer P.O. Box 2009 (1601 East Hazelton Avenue) • Stockton, California 95201 (209)468-3400 cck MARGARET EKHOLM I P O BOX 247 AP199¢ f ESCALON CA 95320 RE: Ekholm Property SITE CODE: 1955 1702 Jackson Street Escalon, Ca f San Joaquin County Public Health Services, Environmental Health Division (PHS/EHD) has received the letter from NeumiUer and Beardslee, dated March 25, 1993, concerning the listing of additional responsible parties for the above noted site and has the following comments for your consideration. Because the Local Oversight Program(LOP)is federally funded,PHS/EHD has a responsibility to identify and list only those individuals or entities who fall under the federal and state underground tank law (UST) definitions of a responsible party as inte reted hy the State Water Resources Control Board (SWRCB. This listing of responsible parties is solely for the purpose of notifying the identified responsible parties of their obligation to reimburse the SWRCB for the local agencies oversight costs associated with the assessment and cleanup activities at the leaking underground tank site LUS . It is not to determine the responsibility of the identified responsible parties relative to the.contamination at the site. All listed responsible parties are sent the exact same invoice or bill by the SWRCB for the oversight costs at the LUST site. It is the responsibility of all identified responsible parties to establish an agreement between themselves for the payment of the bill. F Please be advised that the inability of PHS/EHD to list those individuals or entities who do not meet the ! definition of a responsible party for the purposes of the LOP contract,but who the responsible party feels may be in some way responsible,does not preclude the responsible parties from taking action through the judicial system. Neither PHS/EHD nor the SWRCB has the authority or jurisdiction to determine the degree of responsibility of responsible parties at LUST sites. The Central Valley Regional Water Resources Control Board (CVRWQCB), when issuing a cleanup and abatement order, has broader authority under the State k Water Code to list responsible parties. Oversight by the CVRWQCB is not restricted to, or limited by, the federal UST definition of a responsible party nor are they bound by a contract with the SWRC8. PHS/EHD does have the authority under the California Health and Safety Code to issue local cleanup and abatement orders. In this case, PHS/EHD can use the broader state definition to list responsible parties. . However,due to the budgetary and staffing restraints of this office and the local district attorney's office,sites that require such extreme enforcement action, such as cleanup and abatement orders, are currently referred � to the CVRWQCB. + A lTiv4sinn cif',an Joaquin Cbuntr i-`ealit f:ar[ti;•r14.n .��P .