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We activated a request from your department to review the file of the B.P. <br /> Petroleum Site and notified our client that petroleum-affected soil may be present <br /> on the site. In the mean time, it is my understanding that Mr. Michael Infurna filed <br /> a report of unauthorized discharge at the site. It is important to understand that <br /> we did not have any analytical data at this time to confirm the presence of <br /> petroleum-affected soil. At about the same time, the property owner, H.D. Arnaiz <br /> Development, Inc. contacted our office and informed us that a local contractor had <br /> parked some heavy-equipment on the site and may have spilled some diesel fuel. <br /> Mr. Arnaiz suggested that the suspect problem may be surficial and very minor in <br /> extent. Youngdahl and Associates, Inc. advised our client, Rally's Hamburgers, <br /> Inc. to proceed with a Phase II Site Investigation based on the available <br /> information. We provided San Joaquin County with a Permit Request, Health & <br /> Safety Plan and a Work Plan for Phase II activities on 5 November, 1991 . <br /> H.D. Arnaiz Development, Inc. contacted our office on 11 November, 1991 and <br /> informed us that they had hired their own consultant who had taken care of the <br /> problem to the satisfaction of our client. With that information, we called the San <br /> Joaquin County Environmental Health Service, FAXed laboratory data and made a <br /> written request to suspend the permit for Phase II Activities. <br /> We received an invoice for services from San Joaquin County and paid it due to <br /> the confusing circumstances surrounding the planned Phase II Activities at the site. <br /> At the request of our client, our project file has been closed since November, <br /> 1991 . In April, 1992 your office invoiced Youngdahl and Associates, Inc. for <br /> additional charges to the project. <br /> It is our opinion that we have made every reasonable effort to communicate with <br /> your office regarding our planned activities at the site including the fact that we <br /> requested suspending all regulatory activity on 13 November, 1992. This request <br /> was made prior to the time when site specific charges were incurred on this <br /> project. We agree that Youngdahl and Associates, Inc. was the responsible party <br /> for the planned Phase II activities which were canceled in writing prior to <br /> conducting any work. <br /> The owner of the property is legally responsible for charges associated with <br /> activities outside of the specific Phase II activities canceled by Youngdahl and <br /> Associates, Inc. <br />