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THEODORE K. MARTIN APR ATTORNEY AT LAW 2 1 1995 <br /> 333 EAST FOOTHILL BOULEVARD <br /> ARCADIA, CALIFORNIA 91006-2510 <br /> TELEPHONE (818) 357-5291 ENVIRONMENTAL HEALTH <br /> FAX (818) 357-3754 PERMIT/SERVICES <br /> April 19, 1995 <br /> Linda A. Turkatte, Senior RENS <br /> Site Mitigation Unit <br /> Environmental Health Division <br /> Public Health Services <br /> P. O. Box 308 <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 /> A few days ago, I received copies of your notices to Donald and <br /> Lois Allen and Harry Gebauer advising them that they are no longer <br /> additional responsible parties in this matter. This is not <br /> consistent with my understanding of what you told me during our <br /> recent telephone conversation, about the change concerning <br /> responsible parties, resulting from a clarification made to your <br /> agency by the State Water Resources Control Board as to the <br /> interpretation of the federal responsible party definition. <br /> What I understood from you. was that a distinction has now been <br /> developed between primary and secondary responsibility, and that <br /> the persons named above were being classified as being secondarily <br /> responsible because the length of time since they operated the fuel <br /> delivery system at the property made it impossible to establish <br /> that any discharge into the soil occurred when they were operating <br /> that system. What you have sent out now clearly indicates that <br /> they are not responsible parties at all. I need to be able to <br /> explain this to all of my clients, so I would appreciate it very <br /> much if you would advise me of the basis upon which these persons <br /> are now classified as not being responsible parties at all, rather <br /> than being classified as being secondarily responsible. Perhaps <br /> there is some statute of limitations which has had this result. <br /> You indicated that the Marcis are still responsible parties based <br /> on their ownership of the property while the fuel delivery system <br /> was still situated there, and that their responsibility is <br /> secondary to that of the actual prior operator of the system, <br /> meaning the person or persons who operated the system after the <br /> property was acquired from the Allens and Mr. Gebauer, and before <br /> it was sold to the Marcis. Is that correct? <br /> JIM\MARCIVURKATTE.419 <br />