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V Neumiller & Beardslee A PROFESSIONAL CORPORATION FOUNDED AS MAILING ADDRESS ASHLEY s NEUMILLER ATTORNEYS AND COUNSELORS P.O, eOX 20 $TOCKTON. CALIFORNIA 95201-3020 JANUARY 1903 FIFTH FLOOR WATERFRONT OFFICE TOWER II TELEPHONE(2091 94e-9aoa FAX(209) 9+19-4910 509 WEST WEBER AVENUE STOCKTON, CALIFORNIA 95203 53287-16866 December 27 , 1990 Mr. Harlin Knoll R.E.H.S. D San Joaquin Public Health Service �IV ��' P.O. Box 2009 tiC/U Stockton, CA 95201 T MENrq D llye Re: 381 W. Taddei Road,_ Acampo .>, 1//C� zr6 Dear Mr. Knoll: : We are in receipt of your letter dated November 30 , 1990, which informed the Lorzs that as "responsible parties" they were being turned over to the Regional Board for formal enforcement action for failure to submit a preliminary report for property located at 381 W. Taddei Road. This letter addresses the fact that your designation of the Lorzs is inappropriate as they are no longer the owners of the property and have no contractual obligation with the current owners of the property to undertake any clean-up on the property. As we initially pointed out in our letter to you dated October 19, 1990 , that even though the Lorzs may be a potentially responsible party for any clean-up costs, it is more appropriate for your agency to deal with the owners of the property, the Conways, as the responsible parties. In our experience regulation agencies routinely name the owner of the property as the responsible party. Quite frankly, we are at a loss to understand what policy is used to hold the Lorzs as the responsible party in this case. As you know, our office is involved in numerous cases in which we represent the property owner. We have repeatedly requested that appropriate regulating authority whether it be your office, another County or the Regional Board to pursue the "real" responsible party instead of the property owner. Not once has any regulator failed to pursue the owner.