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swi <br /> Ms. Linda Turkatte LTR*003/TXTKBH <br /> March 25, 1993 <br /> Page: 7 <br /> and claimed that it should not be named as a responsible <br /> party for clean up of gasoline at a service state. The <br /> state board held that the lessee "permitted" the <br /> discharge and that, "contractual position of petitioner <br /> as lessee and sublessor of a service station gives him <br /> enough legal control over the property to hold him <br /> responsible for what took place there. " <br /> 2. WQ 86-18. In the Matter of Petition of <br /> Vallco Park Ltd. The State Board sustained a clean up <br /> order which included current and past tenants as well as <br /> the landowner. The State Board recognized the <br /> significance of including the lessees who caused the <br /> release as well as the landowner " . . .Regional Board <br /> should continue to look to lessees regarding clean up <br /> and only involve the landowner if the lessees fail to <br /> comply with the order. " <br /> 3. WQ 92-12. In the Matter of Petitions of <br /> Wenwest Inc. , et al. This decision held the former <br /> owner (oil company) is fully responsible because of <br /> their status as former owners and lessors to a service <br /> station operator for twenty years even though the <br /> contamination was not discovered for three years after <br /> the property was sold in 1980 . <br /> Based upon the holdings in the WQ Orders, we believe the <br /> local agency has full legal authority to identify and name <br /> Union Oil as a responsible party. <br /> ( 2) Chapter 6 .7 . <br /> The language of Chapter 6 .7 of the Health and Safety <br /> Code also authorizes the local agency to name Union Oil as a <br /> responsible party. This chapter defines both operators and <br /> owners of underground storage tanks. <br /> (h) "Operator" means any person in control <br /> of, or having daily responsibility for, the daily <br /> operation of an underground storage tank system; <br /> (i) "Owner" means the owner of the under- <br /> ground storage tank. (Section 25281) . <br /> To avoid repetitiveness, it is our opinion that the <br /> analysis provided which requires Union Oil to be named as an <br /> additional responsible party and operator under federal law <br /> is equally relevant when reviewing the definition of "owner" <br />