Laserfiche WebLink
C � o <br /> LAW OFFICES <br /> AUG 1 1988 <br /> DORAZIO, BARNHORST 8c BONAR <br /> A PROFESSIONAL CORPORATION ENVIROMEWTAL HEALTH <br /> HOWARD J. BARNHORST It 438 CAMINO DEL RIO SOUTH, SUITE 6-223 FERMI?/SERVICES <br /> VIRGINIA G.SONAR P.O. BOX 880209 <br /> JOEL L.INCORVAIA SAN DIEGO, CALIFORNIA 92106.0005 <br /> LAUREL LEE HYDE MICHAEL DORAZIO,JR. <br /> CYNTHIA J.GLANCY - 1619) 297-8900 aQTlweo <br /> STEVEN P. MCDONALO TELECOPIER{619)297-7649 <br /> MARTHA O.ANDERSON TELEX 697103 BARNOOR <br /> ROPY R.WICKS - :•'!(j.'-' 1�4 � <br /> ffffff �. <br /> ROBERT J.COLI <br /> MICHAEL D.LIUZZI <br /> KAREN H.CANOFF <br /> CHRISSA N.CORDAY <br /> MARK E.STUTZMAN <br /> DAVID S.COHN July 29 1988 <br /> ROBIN F. LAKE <br /> LAURI CROCE STREETER <br />- GARY G.ALLEN ' <br /> Lisa F. Br' wn, Esq, <br /> Deputy District Attorney . <br /> Environmental Prosecutions Unit <br /> San Joaquin County District Attorney's Office <br /> San Joaquin County Courthouse, Room 202 <br /> Post Office Box 990 <br /> Stockton, California 95202 <br /> Re: Energy. Petroleum Underground Storage Tanks <br /> Our File Nos. 1051-01 <br /> Dear Ms. Brown: <br /> This letter responds to your recent questions as to the Port of <br /> Stockton's: ("Port") analysis of the responsibility of the Bank of <br /> Stockton (yBank") , Energy Petroleum ("EP") . and the Port for the <br /> underground storage tanks ("tanks") on the: EP property. <br /> Ini.tially,' the Port believes your office and the Health Department <br /> need: not and should not be the arbiters ,af, 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 /> Part 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 l!iable ;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 panties to comply <br /> to ensure .lthat 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 priorcorrespondence, EP's <br /> bankruptcy:, does not prevent the Health Department from issuing EP <br /> an order to comply with the requirements o'.f the underground <br /> 1 <br />