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Ms. Linda Turkatte LTR*003/TXTKEH <br /> March 25, 1993 <br /> Page: 2 <br /> I. Union Oil Is An Additional Responsible Party. <br /> Your agency presently names Mobil Oil as an additional <br /> responsible party. While we would be pleased to share <br /> liability with as many parties as possible, we do not believe <br /> that Mobil Oil was properly named. That is to say, we <br /> believe a clerical error may have been made. The proper oil <br /> company to be named is Union Oil Company. For almost 25 <br /> years, Union Oil operated a service station at the site. If <br /> subsequent to Union Oil' s tenure as lessee Mobil Oil <br /> delivered petroleum or owned or operated the service station <br /> business, this is new information of which we would like to <br /> obtain copies . <br /> Of the parties which we seek to be named, Union Oil has <br /> the longest involvement and relationship with the property. <br /> We are requesting Union Oil of California to be identified as <br /> a responsible party under both Federal and State law because <br /> it is our understanding that the Local Oversight Program <br /> ( "LOP") is federally funded and thus requires compliance with <br /> Federal as well as State laws governing the investigation and <br /> remediation of underground storage tanks ("USTs") . <br /> A. Federal Law Requires Union Oil To Be Named As An <br /> Additional Responsible Party. <br /> (1) RCRA. <br /> Underground Storage Tanks are regulated by <br /> Federal law pursuant to Subchapter IX of the Resource <br /> Conservation and Recovery Act ("RCRA") as amended, 42 <br /> U.S.C.A. sections 6991, et seq. The individuals who are <br /> liable for maintenance, closure, and clean up of <br /> regulated substances (including petroleum) in USTs are <br /> "owners" and "operators" . RCRA specifically provides: <br /> (3) The term "owner" means: <br /> (A) In the case of an underground <br /> storage tank in use on November 8 , 1984 , or <br /> brought into use after that date, any person <br /> who owns an underground storage tank used for <br /> the storage, use, or dispensing of regulated <br /> substances; and <br /> (B) In the case of an underground storage <br /> tank in use before November 8 , 1984 , but no <br /> longer in use on November 8 , 1984 , any person <br />