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DISOTR C�ATTORNSEY <br /> OFFICE MEMORANDUM. . . . . OFFICE OF THE DISTRICT ATTORNEY <br /> TO: �, h{ .. DATE: <br /> FROM: ❑ SEE ME <br /> ❑ REPLY REQUESTED <br /> SUBJECT: �] t ❑ INFORMATION ONLY <br /> ENVIf,0!-,,,_..`._[AL HEALTH <br /> F ERMIT/5ERVIGES <br /> VA <br /> LA, d v 0\, <br /> Yoe C 00o"')v\I\ <br /> J <br /> DA69(3I$71 <br /> This letter <br /> Stockton's ("Port") analysis of the responsibility of the Bank of <br /> Stockton ("Bank") , Energy Petroleum ("EP") and the Port for the <br /> underground storage tanks ("tanks") on the EP property. <br /> Initially, the Port believes your office and the Health Department <br /> need not and should not be the arbiters of a dispute purely <br /> ! between the Port, EP and the Bank. Instead, your office (or the <br /> Health Department) should simply order all parties that may be <br /> responsible to perform the removal. Those parties would then <br /> proceed to resolve the ultimate issue of their liability among <br /> themselves. It unfairly prejudices the Port vis-a--vis these other <br /> parties if your office acts as judge and jury in singling out the <br /> .Port as responsible, and forcing the Port to bear the burden and <br /> expense of initiating a private, civil action to hold the Bank and <br /> EP liable or to contest the position of the Health Department. We <br /> submit that it is in the interests of the public and the Health <br /> Department to order all potentially responsible parties to comply <br /> to ensure that the appropriate party or parties will respond with <br /> appropriate actions. <br /> EP bears obvious responsibility for the tanks. EP owned the tanks <br /> at least during the term of its tenancy prior to its bankruptcy. <br /> Moreover, as we have discussed in prior correspondence, EP's <br /> bankruptcy does not prevent the Health Department from issuing EP <br /> an order to comply with the requirements of the underground <br /> r <br />