Laserfiche WebLink
,. THEODORE K MARTIN <br /> PAGE 2 <br /> I <br /> As the Marci's never operated the tanks, they are named,as a responsible party by virtue of owning <br /> the tanks and the property where the tanks were located. They can be considered secondarily <br /> responsible as they were not directly involved with the operation of the tanks that caused the release <br /> and because there is an identified primary responsible party. <br /> I <br /> Secondary liability is based on the combined notion of full legal responsibility through ownership or <br /> control together with complete lack of culpability. Secondary status is never available to anyone who <br /> either carried out or permitted the polluting activity. In addition, the Marci's secondary status is wholly <br /> dependant on your clients participation in the corrective action. If a primary responsible party is not j <br /> performing the corrective action, the secondary responsible party must do so. Should this be the <br /> situation, the designation of primary or secondary is a moot point. <br /> The goal of the March 28, 1995 telephone conversation between PHS/EHD and you was to promote <br /> conversation and cooperation between responsible parties so that work may progress at the site <br /> without the need for additional directives and/or enforcement action. You asked for additional time to <br /> allow for this dialogue to take place before any action was taken by this office. As your clients are <br /> listed as a responsible party for this site and as they have not yet initiated, participated, or completed j <br /> any site work, PHS/EHD will issue a directive letter to them 30 days from the date of this letter unless <br /> a cooperative effort between all listed responsible parties;iis evident, Please be advised that failure to <br /> comply with a directive from this office may result in enforcement action against your clients. It is in <br /> the best interest of all parties involved to cooperate to allow site work to progress. Cooperation will <br /> allow site certification to be achieved in a reasonable amount of time and at the least cost to everyone. <br /> It is hoped that this letter clarifies the identification of responsible parties by this agency. If you have <br /> any further questions or wish to discuss this letter in more detail, please contact Linda Turkatte, Senior <br /> REHS, at (209) 468-3441. <br /> Donna Heran, REHS, Director <br /> I <br /> Environmental Health Division <br /> I <br /> 1 <br /> Linda A. Turkatte, Senior REHS Diane son, REHS <br /> Site Mitigation Unit Supervisor <br /> LT <br /> c: CVRWQCB, Beth Thayer j <br /> c: SWRCB, Barbara Andersen <br /> c: J.I.M. Corp, Jim Stafford, John Ruan <br /> c: John and Margaret Marci <br /> c: G.S. Garrison <br />