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3500 - Local Oversight Program
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PR0545315
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Entry Properties
Last modified
2/11/2020 11:15:06 AM
Creation date
2/11/2020 9:47:52 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
3500 - Local Oversight Program
File Section
WORK PLANS
RECORD_ID
PR0545315
PE
3528
FACILITY_ID
FA0003572
FACILITY_NAME
DAVES UNION SERVICE
STREET_NUMBER
1702
STREET_NAME
JACKSON
STREET_TYPE
ST
City
ESCALON
Zip
95320
APN
227-14-011
CURRENT_STATUS
02
SITE_LOCATION
1702 JACKSON ST
P_LOCATION
06
P_DISTRICT
005
QC Status
Approved
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EHD - Public
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Ms. Linda Turkatte LTR*003/TXTKEH <br /> March 25 , 1993 <br /> Page: 3 <br /> who owns such a tank immediately before the <br /> discontinuation of its use. <br /> (4) The term "operator" means any person in <br /> control of, or having responsibility for, the daily <br /> operation of the underground storage tank. (42 <br /> U.S.C.A. sections 6991 (3) and (4) ) . <br /> Union Oil Company first leased the property from Mr. and <br /> Mrs. Paul Ekholm on November 1 , 1957. At that time the <br /> service station was constructed in accordance with <br /> specification requirements of Union Oil. The station was <br /> rebuilt in the 1960' x, again to Union oil specifications. <br /> The lease was continuously renewed until May 28 , 1981 , when <br /> Union Oil chose to end its lessee relationship with the <br /> Ekholms. At that time the Union Oil service station general <br /> manager chose to leave employment of Union Oil and to <br /> operate/own the real property interest in the service station <br /> individually from 1981 through 1988 . This general manager <br /> was Robert 0. Schulz , who will be discussed herein. <br /> During Union Oil Company' s operation of the service <br /> station, four gasoline USTs and possibly one waste oil tank <br /> had been operated by Union Oil. From at least 1966 to 1981 <br /> property taxes and assessments owed to San Joaquin County and <br /> the South San Joaquin Irrigation District on the real <br /> property owned by Mr. and Mrs. Ekholm for the service station <br /> were forwarded to Union Oil which annually reimbursed the <br /> Ekholms. (If you require documentation of this fact, we will <br /> provide copies) . <br /> As the lessee of property upon which a service station <br /> was built to its business' s specifications, Union Oil operated <br /> the underground storage tanks which it used for storage and <br /> dispensing of RCRA regulated substances (petroleum) from 1957 <br /> until 1981 . Moreover, because the service station was leased <br /> by Union Oil directly from the Ekholms , as a lessee, Union <br /> Oil had daily control over the property. Union Oil <br /> determined how much product to deliver, how the product was <br /> managed, how the tanks were operated, what hours the station <br /> (and thus tanks) would operate and so forth. Thus, Union Oil <br /> had control of and responsibility for the daily operation of <br /> the USTs and thus pursuant to Federal statutory law must be <br /> properly defined as an "operator. " <br /> The Federal courts have chosen to interpret RCRA broadly <br /> when determining owners and operators to be responsible for <br />
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