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Ms. Linda Turkatte LTR*003/TXTKEH <br /> March 25 , 1993 <br /> Page: 11 <br /> II . Robert 0. Schulz as a Responsible Party. <br /> The following information establishes that Mr. Robert 0. <br /> Schulz should be named as an additional responsible party <br /> because he operated the USTs at the site and also owned one <br /> tank, the diesel tank, separate from the gasoline tanks. <br /> From 1981 to 1988, Mr. Robert 0. Schulz individually <br /> leased the site from Mr. and Mrs. Paul Ekholm and operated <br /> the station as "Bob' s Union Station" . Attached is a copy of <br /> the lease which authorized Mr. Schulz to operate on the <br /> site. Mr. Schulz installed and owned the 500 gallon diesel <br /> storage tank that was removed from the premises. As such, <br /> Mr. Schulz is properly identified as an "owner" under the <br /> RCRA for underground storage tanks no longer in use on <br /> November 8 , 1984. It states that "any person who owned such <br /> tank immediately before the discontinuation of its use" is an <br /> owner and thus , a responsible party, 42 U. S.C. , Section <br /> 6901. Because Mr. Schulz owned the diesel tank prior to its <br /> discontinued use and removal, he is an appropriate person to <br /> be named as a responsible party. <br /> As a lessee , Mr. Schulz controlled the daily operations <br /> on the site for a minimum of nine years. Mr. Schulz as a <br /> responsible party because of his ownership status regarding <br /> the 500 gallon tank as well as his "operator" status as <br /> lessee responsible for the station in the 1980' s. <br /> III. Mr. David Wood as an Additional Responsible Party. <br /> Subsequent to Mr. Robert O. Schulz ' s tenure as lessee on <br /> the property, his son--in-law, David Wood, became the last <br /> lessee. Mr. Wood operated the station as "Dave' s Union <br /> Station" from May 1 , 1988 through April 30 , 1991 . Mr. David <br /> wood was the last person who operated the gasoline <br /> underground storage tanks immediately before the <br /> discontinuation of its use. The State/County LOP contract <br /> number three defines responsible party as "anyone who owned <br /> or operated the UST immediately before discontinuation of its <br /> use. " Thus, as the last operator of the underground storage <br /> tanks, Mr. wood is an appropriate person to be named as a <br /> responsible party under California law. <br /> IV. Ekholm Is Secondarily Liable . <br /> Lastly, we note that Mrs. Margaret Ekholm should be <br /> named as secondarily, not primarily liable for the <br /> contamination at <br />