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State Water Resources Control Board <br /> Division of Clean Water Programs <br /> Attention: Sandra L. Malos <br /> January 31, 1991 <br /> Page 2 <br /> hazardous materials . The railway company received an order for <br /> possession of the real property in early 1986 and, to our <br /> understanding, has maintained ownership and control of. that <br /> property. <br /> Based upon the foregoing, if there are any claims that are being <br /> made by the State Water Resources Control Board regarding <br /> reimbursement for toxic cleanup, those should be addressed to Mr. <br /> Lannie Williams and/or The Atchison, Topeka and Santa Fe Railway <br /> Company. Health and Safety Code section 25360 provides that the <br /> responsibility for--reimbursement payments are the- -responsibility -_- <br /> of the liable person or persons for the problem. <br /> From our analysis of the factual situation and the ownership of <br /> the property, the Clarks are what would commonly be known as <br /> "innocent landowners . " For that reason and pursuant to the <br /> provisions of the Health and Safety Code, they would not be and <br /> are not responsible for the payment of reimbursement monies to <br /> the State of California or San Joaquin County. <br /> I trust this will answer any questions that you may have in <br /> reference to the Clarks . However, if you need additional <br /> information or want to discuss the matter, please do not hesitate <br /> to contact my office. <br /> Very truly yours, <br /> STEVEN J. COTTRELL <br /> ker <br /> cc: Albert and Robbie Clark <br /> aublic Health Services, San Joaquin County <br />