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THE KIRK LAW FIRM <br /> Ms. Lori Casias <br /> Associate Government Program Analyst <br /> State of California <br /> Water Resources Control Board <br /> Division of Clean Water Programs <br /> June 3, 1999 <br /> Page 8 <br /> San Joaquin County, through its Public Health Services, Environmental Health <br /> Division ("PHS/EHD") is a participant in the local oversight program established by the State <br /> Board pursuant to Health and Safety Code section 25297.1. The actions taken by PHS/EHD with <br /> respect to the Site have been taken in its capacity as an LOP participant acting as the Local <br /> Oversight Agency. When acting in its capacity as an LOP participant, PHS/EHD's actions are <br /> governed by Section 25297.1 and provisions of the LOP Agreement requiring it to adhere to <br /> State Board standards,policies and procedures and the laws regulating water quality. <br /> San Joaquin County's conscious effort to prevent State Board review of its actions <br /> is in direct conflict with its role as the Local Oversight Agency and constitutes an abuse of its <br /> authority and discretion as an LOP participant. When a public agency vested with discretion acts <br /> arbitrarily, capriciously, or without regard for the rights of the public, as PHS/EHD has done in <br /> its efforts to frustrate Unocal's appeal rights, the agency abuses that discretion. See Miller <br /> Family Home, Inc. v. Dept. of Social Services (1997) 57 Ca1.App.4" 488 and Huntington Park <br /> Redevelopment Agency v. Duncan (1983) 142 Ca1.App.3d 17. <br /> Interested Persons Other Than Petitioner <br /> Petitioner has identified the following interested persons: Margaret Lagorio, San <br /> Joaquin County Public Health Services, Environmental Health Division; Mark List, Central <br /> Valley Regional Water Quality Control Board; Helen McCrary, property owner; Brooke Birkie, <br /> Esq., property owner's legal counsel; and David J. Irey, Esq., San Joaquin County District <br /> Attorney's Office. <br /> Attached hereto as Exhibit 16 is petitioner's May 27, 1999 letter to PHS/EHD <br /> requesting the names and addresses of all persons known by the local agency to be interested in <br /> the subject matter of this petition. Petitioner will provide the names and addresses of any such <br /> additional interested persons, including other persons known by petitioner, to the State Board <br /> upon receipt. <br /> (8) Agencies and Persons to Whom Cgpv of Petition Sent <br /> A copy of this petition will be sent to PHS/EHD, the Central Valley Regional <br /> Water Quality Control Board, the San Joaquin County District Attorney's Office, Helen <br />