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Ms. Linda Turkatte LTR*003/TXTKEH <br /> March 25 , 1993 <br /> Page: 6 <br /> B. State Law Requires Union Oil To Be Named As An <br /> Additional " Res onsible Party. <br /> (1) Porter Cologne Authority Pursuant to Chapter 6 .7 <br /> Health and Safety Code, Division 20, Chapter 6.7 <br /> provides authority to name Union Oil Company of California as <br /> an additional responsible party, (Section 25280 et. seq. ) . <br /> Health and Safety Code .section 25297. 1 regulates abatement of <br /> unauthorized releases from underground storage tanks and <br /> provides: <br /> (a) In addition to authority granted to the <br /> [state) board 2ursuant to. Division 7 (commencing with <br /> section 13000) of the Water Code and to the department <br /> pursuant to Chapter 6 .8 (commencing with section 25300) <br /> the board. . .shall develop and implement a local <br /> oversight program for the abatement of. . .unauthorized <br /> release. . . " . <br /> This provision of state law provides additional <br /> authority which is intended' to, supplement, not supplant the <br /> provisions of the Porter Cologne Water Quality law. We <br /> believe that the underground storage tank law does not stand <br /> on its own but strengthens the Porter Cologne law. Porter <br /> Cologne , Water Code section 13304 provides that any person <br /> "who has discharge or discharges waste" or any person "who <br /> has caused or permitted, .causes or permits or threatens to <br /> permit" the discharge of waste into water or where it might <br /> get into the water may be ordered by the regional board to <br /> clean it up. Thus, in addition to liability imposed by <br /> Porter Cologne local agencies may also impose liability upon <br /> "owners" and "operators" of underground storage tanks who <br /> permitted or caused discharge -of petroleum waste to water of <br /> which threatens water. it is well settled law that the <br /> water boards are authorized to extend liability to parties <br /> such as Union Oil of California. Health and Safety Code <br /> section 25297. 1 (a) extend this authority to those local <br /> agencies which administer' local oversight programs. <br /> To be clear regarding this authority we have attached a <br /> number of administrative water quality decisions of the state <br /> board for your review to assist you in reaching a similar <br /> conclusion: <br /> 1 . WQ 86-15 . In the Matter to Petition of <br /> Stuart Petroleum. In this matter, the petitioner was <br /> a lessee of the landowner and the lessor to a sublessee <br />