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M <br /> LAW OFFICES E k( <br /> DoRAzio, BAIRWHORST & Box.Aia a!V <br /> A PROFESSIONAL CORPORATION ROM <br /> ENTAL HEALTH <br /> HOWARD J. BARNHORST 11 439 CAMINO DEL RIO SOUTH, SUITE 8-223 �5,�tl1ES <br /> VIRGINIA G.SONAR P.O. BOX 880209 FERMI TY/SERYVIC <br /> IC <br /> JOEL L.INCO14VAIA G�� <br /> SAN DIEGO, CALIFORNIA 92108-0005 MICHAEL DORAZIO JR. <br /> LAUREL LEE HYDE � <br /> CYNTHIA J.GLANCY (619)297-8900 RETIRED <br /> STEVEN P. M-OONALD TELECOPIER(Blit)297.7649 ?' <br /> MARTHA O.ANDERSON TELEX 607103 BARNDOR <br /> RORY R.WICKS - <br /> �- i <br /> ROBERT J.COLI <br /> MICHAEL D.LIUZZI <br /> KAREN H.CANOFF <br /> CHRISSA N.CORDAY <br /> MARK E.STUTZMAN <br /> DAVID S.COHN June 8, 1988 <br /> ROBIN F. LAKE <br /> LAURI CROCE STREETER <br /> GARY G-ALLEN <br /> Ronald L. Valinoti, R.S. <br /> Director, Environmental Health Division <br /> San Joaquin Local Health District <br /> P. O. Box 2009 <br /> Stockton, California 95201. <br /> Re: Energy Petroleum Underground Storage Tanks <br /> Our File No. 1051. 01 <br /> Dear Mr. Valinoti: <br /> This letter is written on behalf of the Port of Stockton <br /> regarding subject underground storage tanks. We are in receipt <br /> of your letter dated May 27, 1988, which fails to take into <br /> consideration the undisputed facts regarding the underground <br /> storage tanks owned by Energy Petroleum and misinterprets state <br /> law regarding such ownership. <br /> By letter to Mr. Mae dated August 14 , 1987, we set forth, on <br /> behalf of the Port, a detailed analysis as to the <br /> responsibilities for the underground storage tanks. At that <br /> time, we foresaw that a possible dispute could arise regarding <br /> these underground storage tanks and provided specific authority <br /> under which the Health District could and should have taken <br /> action against either Energy Petroleum or the Bank of Stockton to <br /> resolve this matter. Now, over ten months later, and having <br /> ignored our earlier correspondence as well as our letter dated <br /> March 15, 1988, the Health District asserts that the <br /> responsibility for these tanks rests with the Port of Stockton, <br /> rather than with Energy Petroleum or its successor-in-interest, <br /> the Bank of Stockton. <br /> In your letter you stated that you had been advised "that under <br /> the law of the State of California, the Port of Stockton became <br /> the owner of those tanks at such time as possession of the real <br />