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k <br /> NEUMILLER & BEARDSLEE <br /> A PROFESSIONAL CORPORATION•ATTORNEYS&COUNSELORS ESTABLISHED 1903 <br /> iPlt"- <br /> i r`4.1 r <br /> BROOKE x• BIRKIE SEP 1 4 1994 <br /> 53287-16866 <br /> STOCKTON OFFICE: <br /> 509 W.wESER Ave. ENVIRONMENTAL HEAD H <br /> Smmo.a,CA September 13 , 1994 PERMITISERVICES <br /> 95203-3166 <br /> (209)948.8200 <br /> (209)948-4910 FAx <br /> MAILING ADDRESS: Mr. Harlin Knoll, Senior REHS <br /> P.O.Box 20 <br /> STOCKPON,CA Ms . Diane M. Hinson, REHS Supervisor <br /> 95201-3020 San Joaquin County <br /> MOUSTO Public Health Services <br /> (209)577-8200 Environmental Health Di Vis;Cr <br /> (209)577-4910 FAx Site Mitigation Unit <br /> Post Office Box 388 <br /> Stockton, CA 95201-0388 <br /> Re : Lodi Concrete Pipe Company_ <br /> Dear Mr. Knoll and Ms . Hinson: <br /> We were disappointed and surprised to receive a copy of <br /> your letter dated September 7, 1994 , to the State Water <br /> Resources Control Board regarding reimbursement under the <br /> Underground Storage Tank Clean Up Fund (Fund) by Lodi <br /> Concrete Pipe Company. <br /> Your obligations under the Local Oversight Program (LOP) <br /> were completed on July 11, 1994 , when you issued a closure <br /> letter for the site . The goal of site closure and cleanup <br /> has been achieved. Given the number of sites open in San <br /> Joaquin County it seems like an inappropriate allocation <br /> of resources for you to address a closed site in this <br /> manner. <br /> in a(96i,tinn . despite the presence of litigation on this <br /> matter, the parties ultimately settled the matter between <br /> themselves . The Lorzes fully reimbursed the Conways for <br /> all corrective action costs . A portion of this settlement <br /> also included a provision that the Conways cooperate with <br /> the Lorzes to obtain recovery from the Fund. The County' s <br /> voluntary interjection into this matter was not requested <br /> by either of the parties and is unwelcomed. <br /> Finally, and most importantly, the agency responsible for <br /> determining eligibility of applicants is the State Water <br /> Resources Control Board pursuant to Title 23 California <br /> Code of Regulations section 2803 et . seg. Your agency has <br /> not been delegated any authority to participate in <br /> determining eligibility for the Fund in the review of <br /> applications . <br /> F:\TRN\16866\C\L0RZ10.BKB <br /> 53287-16866/cim/09/13/94/2 <br />