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\Vol" <br /> �e'��lf4Vi1 'TI r <br /> � ENTAL. HEALTIi <br /> THEODORE K. MARtI'N' <br /> ATTO F°FiKCEt,'ij_�(,Qr.T eLA <br /> 333 EAST FO�"f Hi 'L' bl EPVXR2: 59 <br /> ARCADIA, CALIFORNIA 91006-2510 ✓ <br /> TELEPHONE (818) 357-5291 <br /> FAX (818) 357-3754 <br /> May 22, 1995 <br /> Linda A. Turkatte, Senior REHS <br /> Site Mitigation Unit <br /> Environmental Health Division <br /> Public Health Services, San Joaquin County <br /> P. O. Box 388 <br /> Stockton, California 95201-0388 <br /> Re: Marci's Diesel Service <br /> 2969 Loomis Road, Stockton, California <br /> Site Code 2015 <br /> Dear Ms. Turkatte: <br /> Thank you for your letter dated May 2, 1995, and for clarifying <br /> most of the issues that I raised in my letter to you dated April <br /> 19. However, I would appreciate your advice concerning whether a <br /> corporate tenant operating a fuel delivery system at the property <br /> would be designated the primarily responsible person, with the <br /> owners of the property being classified as secondarily responsible, <br /> and, if that were the case, would the result be different if the <br /> owners were also shareholders, officers and/or directors of the <br /> tenant corporation? <br /> You state in your letter that your agency will issue a directive <br /> letter to my clients within thirty days from its date, unless it <br /> is made evident to you that a cooperative effort among the <br /> respersibl a -:sties is underway so as .tc permit t:�a site wcrk to <br /> proceed without the necessity of additional directives or <br /> enforcement action. I assure you that we are engaged in such an <br /> effort so that any additional directive or enforcement action is <br /> not necessary. <br /> I am personally engaged in communicating with the attorney for the <br /> Marcis, Timothy Kirk, and he and I have made arrangements whereby <br /> funds are going to be contributed by clients of mine for the <br /> purposes of completing what needs to be done to bring this matter <br /> to a conclusion. We are waiting at this point for a feasibility <br /> study being prepared by the engineering firm retained by his <br /> clients, which is going to be submitted to your agency. Once that <br /> study has been reviewed, and a decision has been made, we will <br /> proceed in accordance with that decision. Mr. Kirk and I are <br /> staying .in constant contact, and he and I will be working together <br /> for that purpose. <br /> JIM\MARCI\TURKATTE.522 <br />