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DOWNEY <br /> BRAND <br /> SEYMOUR X(A <br /> & ROHWER h <br /> MAY 9 <br /> ATTORNEYSRUE ff9 <br /> fi NVIRONMENTAL HA0, <br /> 555 CAPITOL MALL May 7, 19 91 PERM IT/,,1RV,„ES <br /> 10TH FLOOR MAY 2 0 1991 <br /> SACRAMENTO,CA <br /> 95814-4686 ENVIRONMENTAL HEALTH <br /> TELEPHONE(916)441-0131 Ms. Laurie A. Cotulla PERMIT/SERVICES <br /> TELECOPIER(916)441-4021 REHS, Program Manager <br /> STEPHEN W.DOWNEY Environmental Health Division <br /> (1926-1959) San Joaquin County Public Health Services <br /> Post Office Box 2009 <br /> CLYDE H.BRAND Stockton, California 95201 <br /> (1926-1964) <br /> Re: Chapin Brothers, 1766 Monte Diablo Ave. , Stockton <br /> HARRY B.SEYMOUR Site Code: 1190 <br /> (1926-1977) <br /> Dear Ms. Cotulla: <br /> I recently spoke with Harlin Knoll of your office <br /> concerning San Joaquin County's request for my client, <br /> Chapin Brothers, to sign the "Letter of Acknowledgment" <br /> which you enclosed in your letter of March 26, 1991. I <br /> informed Mr. Knoll that I have advised my client not to <br /> sign the letter of acknowledgment. Mr. Knoll asked me <br /> to write you and explain our concerns with the form <br /> letter of acknowledgment. <br /> First, the first paragraph of the form letter is vague <br /> and ambiguous. Specifically, the letter requests my <br /> client to declare that information and recommendations <br /> in any future proposal or reports are true and correct. <br /> While I understand the concern for "true and correct" <br /> information, I do not understand how the County can <br /> require "recommendations" to be "true and correct" . <br /> Recommendations, if any, reflect the judgments of <br /> professionals retained by a responsible party to <br /> characterize and clean up contamination at the site. <br /> Second, we think this requirement duplicates existing <br /> provisions of California law and is therefore <br /> unnecessary. Health and Safety Code section 25299 sets <br /> forth certain penalties for false statements, <br /> representations or certifications in any application, <br /> record, report or other document submitted to the <br /> County. Other provisions of the form letter also <br /> duplicate other provisions set forth in the Health and <br /> Safety Code and the Water Code. For example, Health <br /> and Safety Code section 25297 . 1 authorizes the County <br /> to recover "site-specific oversight costs" for a series <br /> of activities related to the identification and <br /> notification of responsible parties, and the assessment <br />