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Michael C. Donovan* 5q. • <br /> Hopkins & Carley <br /> July 15, 1994 <br /> Page 2 <br /> The remediation that was first proposed for the Wickland service <br /> station was vapor extraction in concert with water recovery and <br /> treatment. Due to concerns that chlorinated solvents would be drawn <br /> toward the Wickland site from Lincoln Village, Wickland was <br /> precluded from using the most effective and cost efficient <br /> technology available. As a result, Wickland's cleanup has been <br /> prolonged, the cost has increased and the hydrocarbon plume has <br /> migrated. In addition, the County has required Wickland to <br /> periodically sample service station wells for solvents that may be <br /> migrating toward the Wickland site. Although we have no indication <br /> to date that solvents have reached the Wickland site, should the <br /> solvents impact Wickland's ongoing remediation, the costs will <br /> increase exponentially. <br /> It is indeed ironic, Mr. Donovan, that I am now writing to you to <br /> report the potential impact of migrating toxic solvents upon <br /> Wickland's ongoing hydrocarbon remediation. You have been reviewing <br /> technical reports and correspondence relating to the Wickland <br /> service station cleanup for several years on behalf of your client, <br /> Lincoln Properties. I have attended at least one meeting with you <br /> in Stockton in which we discussed the Wickland cleanup. Therefore, <br /> I find it inexcusable that you and your client, would attempt to <br /> cut-off Lincoln's incontrovertible legal liability to Wickland by <br /> newspaper publication. Is there some reason why Wickland was not <br /> given notice of these legal proceedings as required under the <br /> service station lease? <br /> The proposed settlement may foreclose Wickland's rights to <br /> indemnity: (1) from Lincoln Properties under the service station <br /> lease, and (2) from all of the settling parties pursuant to <br /> statutory and case law. Wickland's interests must be considered in <br /> any settlement of this litigation. <br /> Enclosed please find a check in the sum of $39.00 in payment for the <br /> Corrected First Amended Complaint, First Final Consent Decree and <br /> the Second Final Consent Decree referred to in the newspaper <br /> advertisement. Please forward these documents to me at your <br /> earliest convenience. <br /> Finally, please notify me when all legal proceedings regarding the <br /> proposed settlement are scheduled so that Wickland may retaSn <br /> counsel and submit the appropriate legal pleadings in a timely <br /> manner. <br /> Sincerely, <br /> WICKLAND PROPERTIES <br /> H. Vincent McLaugh-lin <br /> Associate General Counsel <br /> HVM:djl <br />