WORK PLANS - Laserfiche WebLink

Home Browse Search

Ms. Linda Turkatte LTR*003/TXTKEH March 25, 1993 Page: 9 Code and the regulations promulgated thereunder. A .portion of that authority includes identifying responsible parties and the definition for liable parties include the "owner" and "operator" as set forth .by statute. Thus, based upon the previously referenced factual analysis, it is our opinion that San Joaquin County as a participatory local agency is authorized to name Union oil Company of California as responsible party. (3) Application of Nelson v. Zands. Although the cases of -Nelson v. Zands (I & II) were decided under subchapter VII of RCRA, they are nevertheless relevant for purposes of identifying potentially responsible parties under Subchapter IX. Zands involved a dispute between two private parties and actual proof of liability between them; the burden of regulatory agencies to identify responsible parties is substantially less. Further, it is our opinion that a local regulatory agency may utilize interpretations of subchapter VTI applicability should it decide to do so. The following explains this position vis-a-vis the property, located at 1702 Jackson Street, Escalon, California. First of all , it is our opinion that the burden upon a local agency in identifying a potential responsible. party is distinguishable from the burden on a private party proving a cost recovery from another private party. A regulatory agency such as yours is charged with the protection of human health and the environment. In administering your duties, pursuant to the Underground Storage Tank statutes , part- of your responsibility is to identify all owners and operators to pay for cleanups before resorting to use of public monies. (See WQ 85-7 In the Matter .of. Petition of Exxon Company_ U.S.A. Inc . , et al; WQ 86-16 In the Matter of Petition of Stindes-Western Chemical Company. These decisions have held that, "Generally speaking it is appropriate for the Regional Board to name all parties for which there is reasonable evidence of responsibility, even in cases of disputed responsibility. However, there must be a reasonable basis on which to name each party. . . " . Environmental laws are defined broadly. As a protectionary agency, regulatory agencies , may use these broad definitions to widen the pool of possible responsible parties . Based upon all the arguments set forth in this letter, we believe it is appropriate for your agency to widen