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10/24/1997 15.26 209-574-1440 THE STRUCK FIRM PAUL b1 <br /> JAMES D. STRUCK <br /> A LAw OFFICE Attorney at Law <br /> October , 1997 <br /> VIA FAX dl REGULAR <br /> David J. Irey, Deputy District Attorney <br /> Office of the District Attorney <br /> P.O.Box 990 <br /> Stockton, CA 95201 <br /> Re: People v. Guinta, at al <br /> Case No: 271126 <br /> Our File: 97-2012.5 <br /> Dear Mr. Irey: <br /> This letter is written as a follow-up to our the October 15, 1997. It is, and always has been, <br /> our position that there is no credible evidence of any new MTBE contamination on the site. Since <br /> it is always difficult, if not impossible,to prove a negative, I am not quite sure how you want us to <br /> prove that there is no con 'on-particularty since the burden of proof is yours-but I am willing <br /> to lay out in a general way the logic behind our position, <br /> Although you repeatedly stated that Frank"s One Stop is"not in compliance"based on the <br /> "failed" SIR's,I don't believe that is legally correct. As I understand the procedure, if there are two <br /> consecutive failed SWs,then a tank test is called for, and Frank's One Stop passed the last tank test <br /> in March of 1997. Since the tanks and lines have tested tight, we believe that this conclusively <br /> establishes that there are no impermissible leaks in the tanks or the lines. If you have information to <br /> the contrary, I welcome the opportunity to review it. <br /> To underscore our confidence in the integrity of the tanks, we have retained Alltech <br /> Petroleum Service to undertake another tank test,which is set for November 4, 1997, the sooner date <br /> they were available. <br /> We believe the problems with the SEK's are related to anomalies in the tanks. We feel that <br /> the regular tank that has the SIR problem is tilted. and that approximately half way up the tank there <br /> is a flat or irregular surface that distorts the SIR readings. This is corroborated by the fact that the <br /> greatest variance occurs when the tanks are about half full: when the tanks are kept full, they are <br /> within the permissible limits. The enclosed fax from Shields, Harper& Co. supports this position, <br /> 1411 G STREET + MoDESTo, CALIFORNIA 95354 + PHONE: (209) 5741440 + FAx.- (209)574-1.444 <br />