SITE INFORMATION AND CORRESPONDENCE

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I these unauthorized releases and have knowingly allowed the continued migration of such releases 2 through and into soil, groundwater and sources or potential sources of drinking water of the 3 County of San Joaquin and the State of California. 4 39. Plaintiff is informed and believes, and based upon such information and belief alleges, 5 that at some time or times during the statutory period applicable to the offenses alleged herein 6 but at a time not specifically known to Plaintiff at this time, Defendants UNOCAL and TOSCO 7 did violate and continues to violate the laws, statutes and regulations as alleged in the causes of 8 action within this complaint. Plaintiff will amend this complaint to allege the specific date or 9 dates of violations when such have been ascertained. 10 v 11 UNDERGROUND STORAGE TANK LAWS AND REGULATIONS 12 40. The California Legislature stated in California Health & Safety Code § 25280 13 (Legislation findings and declarations)the following: 14 (a) (1) Substances hazardous to the public health and safety and to the environment are stored prior to use or disposal in thousands of Underground locations in the state 15 (emphasis added). (2) Underground tanks used for the storage of hazardous substances and wastes are 16 potential sources of contamination of the ground and underlying aquifers, and may pose other dangers to public health and the environment (emphasis added). 17 (3) In several known cases, Underground storage of hazardous substances, including, but not limited to, industrial solvents, petroleum products, and other materials, has resulted in 18 undetected and uncontrolled releases of hazardous substances into the ground. These releases have contaminated public drinking water supplies and created a potential 19 threat to the public health and to the waters of the state (emphasis added). 20 (5) The protection of the public from releases of hazardous substances is an issue of statewide concern. 21 (b) The Legislature therefore declares that it is in the public interest to establish a continuing program for the purpose of preventing 22 contamination from, and improper storage of, hazardous substances stored Underground. It is the intent of the Legislature, in enacting this 23 chapter, to establish orderly procedures that will ensure that newly constructed Underground storage tanks meet appropriate standards and 24 that existing tanks be properly maintained, inspected,tested, and ungraded so that the health,property, and resources of the people of the 25 state will be protected (emphasis added). 26 41. The following terms as used throughout this complaint are defined as follows below: 27 (a) "Facility" means any one, or combination of, underground storage tanks used by a single business entity at a single location or site. ("Cal. H & S Code" §25281(e)) 28 H:\HOMEWYOUNG\CA5E51UNOCAi1COMPLAM WPD 7