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Z= 7 JAN 0 7 2008 CITY OF STOCKTON ENVIRONMENT HEALTH OFFICE OF THE CITY ATTORNEY PERA9i?�SERVIGE� CITY HALL 425 NORTH EL DORADO STREET STOCKTON,CA 95202-1997 TELEPHONE(209)937-8333 FACSIMILE(209)937-8898 January 3, 2008 Michelle Henry, Senior REHS Underground Storage Tank Program San Joaquin County Environmental Health Department 600 East Main Street Stockton, CA 95202-3029 Re: NOTICE TO ABATE IMMEDIATELY THE ABANDONED UNDERGROUND STORAGE TANK LOCATED IN THE EASTERN SIDEWALK ADJACENT TO 135 MINER AVENUE, STOCKTON The City of Stockton received the subject named letter on October 19, 2007, and further correspondence on January 2, 2008, wherein you have requested that the City remove an underground storage tank ("UST") located adjacent to 135 Miner Avenue. The parcel associated with the address is owned by St. John's Episcopal Church. The adjacent right of way, including the street, sidewalk, curb and gutter, is owned by the City of Stockton. After a thorough review of the City's records it has been determined that the City did not install and does not own the UST. The City of Stockton has historically allowed property owners to install a UST by permit. This practice originated in the 1940's and continues today. Prior to the 1940s, records indicate that some USTs were permitted with the approval evidenced by City Council Resolution. It is the City's experience that USTs such as this one were installed in the City's Right of way for the convenience of the owner of the adjacent private property; these generally were heating oil tanks located near the street to facilitate access for refilling by truck. It is likely the purpose of the tank at issue here can be confirmed in the field by observing where the terminus of the UST piping is located. If the pipes from the UST lie in the direction of the adjacent structure, it would be apparent that the tank served the current or past structures and was installed by a prior owner for his/her