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modbee.com Station pumpin; •ound tank law Page 2 of 3 <br /> have to do some digging out there." <br /> One state official said he could not think of any <br /> reason why a gas station out of compliance would <br /> be allowed to remain open and take fuel. <br /> "We haven't heard of any stations selling retail <br /> gasoline without being upgraded in the state," said <br /> Allan Patton, manager of the state's underground <br /> storage tank program. "As a rule, you have to have <br /> a permit to operate." <br /> In other circumstances Patton could recall, <br /> violators have long since been referred to local <br /> district attorneys' offices for prosecution. That has <br /> not happened in San Joaquin County, said Deputy <br /> District Attorney David Irey, who heads the office's <br /> environmental prosecution unit. <br /> "We've been notified that we will be receiving <br /> referrals on underground storage tank sites that <br /> missed the 1998 upgrade deadline ... probably all <br /> at one time," he said. <br /> Law on books 10 years <br /> For the past 10 years, gas station owners were <br /> told they had to replace or upgrade their <br /> underground storage tanks by Dec. 22, 1998, or <br /> else close. The new tank rules— requiring that <br /> tanks be built to withstand corrosion, and to <br /> prevent spills or leaks —were designed to protect <br /> groundwater. <br /> Many small, independent gas stations went out of <br /> business, unable to afford installing the new tanks, <br /> which run $150,000 to$200,000. Some were taken <br /> over by Arco, a Fortune 500 company that reported <br /> 1997 net earnings of$327 million for its retail <br /> division. <br /> But in the final days of 1998, with a law taking <br /> effect Jan. 1 that also would punish gasoline <br /> suppliers for filling noncertified underground tanks, <br /> Arco went to court. On Dec. 30, the company sued <br /> the state, ans several cities and counties, including <br /> San Joaquin. <br /> Arco officials believed all of their stations <br /> complied with the new law, but were unsure <br /> whether state and county officials would agree, Los <br /> Angeles attorney Matthew Heartney said. <br /> The Yosemite Avenue station was not included in <br /> the lawsuit. It remains out of compliance, county <br /> officials say. <br /> "It's fair to say it's been difficult dealing with <br /> Arco," said Deputy County Counsel Deeanne <br /> Watkins, who has worked with the Environmental <br /> Health Department. <br /> In the Northern San Joaquin Valley, independent <br /> gas stations in Snelling and Hughson were forced <br /> to close by the new rules. Paul Geyer of Bartlett <br /> Petroleum in Merced sits on the California <br /> Independent Oil Marketing Association, an industry <br /> group for small gas stations. He called the Arco <br /> situation unfair. <br /> http://www.modbee.com/metro/story/0,I11,67464,00.html 2/26/99 <br />