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SITE HISTORY_CASE 2
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SITE HISTORY_CASE 2
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Last modified
5/12/2020 4:16:12 PM
Creation date
5/12/2020 2:59:02 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
3500 - Local Oversight Program
File Section
SITE HISTORY
FileName_PostFix
CASE 2
RECORD_ID
PR0545660
PE
3528
FACILITY_ID
FA0003909
FACILITY_NAME
PORT OF STOCKTON
STREET_NUMBER
2201
Direction
W
STREET_NAME
WASHINGTON
STREET_TYPE
ST
City
STOCKTON
Zip
95203
APN
14503001
CURRENT_STATUS
02
SITE_LOCATION
2201 W WASHINGTON ST
P_LOCATION
01
P_DISTRICT
001
QC Status
Approved
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EHD - Public
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t <br /> 'r Sao, .,r•► <br /> May 24 , 1988 <br /> Page -3- <br /> affixed thereto for purposes of trade, manufacture , <br /> ornament, or domestic use, if the removal can be <br /> effected without injury to the premises , unless the <br /> thing has , by the manner in which it is affixed, <br /> become an integral part of the premises . " <br /> The Courts have long held that unless a lease provides <br /> otherwise, a tenant ' s right to remove fixtures expires <br /> with the forefeiture or other termination of lease. Any <br /> fixtures remaining on the premises thereafter become the <br /> property of the landlord/owner of the real property. <br /> As a result of the foregoing, I believe that it is <br /> appropriate to consider that as of a time no later than <br /> July 17 , 1987 , Port of Stockton became the owner of the <br /> tanks in question. <br /> In this connection, your attention is directed to <br /> Section 25284(c) : <br /> " (c) Any person assuming ownership of an under- <br /> ground storage tank used for the storage of hazardous <br /> substances for which a valid operating permit has <br /> been issued shall have 30 days after the date of <br /> assumption of ownership to apply for an operating <br /> permit pursuant to Section 25286 or, if accepting <br /> a transferred permit, shall submit to the local agency <br /> the completed form accepting the obligations of the <br /> transferred permit, as specified in subdivision (a) . <br /> During the period from the date of application until <br /> the permit is issued or refused, the person shall <br /> not be held to be in violiation of this section. " <br /> Section 25281 (h) defines "Person" as including any city, <br /> county, district, the state , any department or agency <br /> thereof. <br /> As a result, the Port of Stockton has an affirmative <br /> duty to comply with Section 25284(c) within thirty (30) <br /> days of its taking possession of the real property prior <br /> to July 17 , 1987 . <br /> Section 25298 provides the requirements for abandoning <br /> or temporarily ceasing operation of an underground storage <br /> tank. <br />
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