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S <br /> Ms . Linda Turkatte LTR*003/TXTKEH <br /> March 25, 1993 <br /> Page; 12 <br /> 1702 Jackson Street, Escalon, California. As you know, the <br /> USTs were removed in 1991. Never, since the time the tanks <br /> were first installed in 1957 , did Mr. and Mrs. Ekholm <br /> individually own or operate the service station on the site. <br /> Mr. and Mrs . Ekholm undertook no direct action to manage <br /> petroleum products on the property, such activity was solely <br /> within the preview of their tenants. While we understand <br /> that Mrs. Ekholm cannot be removed from the list as a <br /> responsible party, she should not bear the entire <br /> responsibility for investigation and clean up of petroleum <br /> products at the site. Instead, we request that she be <br /> identified as secondarily liable and all past tenants <br /> identified as primarily liable. <br /> Based upon a Zands argument and the support of various <br /> water quality decisions , we believe it is proper to list Mrs. <br /> Ekholm as secondarily liable. The County has the ability to <br /> name all lessees of the property as responsible parties and <br /> thus, Mrs . Ekholm should be pursued only secondarily. <br /> 1 . 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 /> 2. WQ 87-5 . In the matter of Petition of U.S. <br /> Forest Services. The State Board agreed that while it <br /> is proper to include landowner, enforcement action <br /> should first be taken against lessee and only as a last <br /> resort should the action be taken against the landowner. <br /> 3. WQ 87--6. In the matter of Petition of <br /> Prudential Insurance of America. The State Board <br /> recognized that importance of pursuing lessees. In this <br /> matter they agreed lessees should be primarily liable <br /> and landowners secondarily liable. <br /> Thus, the law permits Mrs . Ekholm to be named as a <br /> potential responsible party secondarily. <br />