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November 30 , 1990 '$ San Joaquin County Public Health Environmental Health Division l $ P. 0. Box 2009 Stockton, CA 95201 i. Re: Underground Storage Tanks and Environmental Remediation of Hydrocarbons j� On May 15, 1990 ( "Petition Date" ) The Circle K Corporation and certa3,n affiliates ( "Debtors' filed petitions for relief under Chapter 11, Title 11, of the United States Code ( "Bankruptcy Code" ) . As a result of that filing, the automatic stay imposed by Section 362 (a) of the Bankruptcy Code prohibits creditors from taking any action ( including administrative) that could interfere with the operations or the assets of ;the Debtors. Additionally, please keep in mind that Section 525 of the Bankruptcy Code pro- hibits discriminatory treatment of the!�Debiors solely because of the bankruptcy. Finally, the Debtors are not authorized to pay any prepetition claims, such as administrative penalties or fines, except with court approval or pursuant!lto its plan of reorganization. Pursuant to Section 365 of the Bankruptcy Code, Circle K has rejected its lease for Stores identified in the attached Exhi- bit and located in your jurisdiction. J�Because the Debtors have rejected the leases they are required by the bankruptcy court to vacate the premises immediately. In vacating the premises, you are advised that the Debtors will have emptied all underground storage tanks ( "USTs" ) present at these Stores and taken other steps to secure the UST systems. The Debtors will no longer be the operator of the UST system as of the date the premises are vacated; the new operator will be the landlord of the property , whose name and address is listed beneath the store address in the Exhibit. Circle K does not know what the new operator' s plans are for the UST system, Furthermore, because of the bankruptcy court' s requirementthat the Debtors immediately vacate the pre- mises and because the landlord will becomejthe operator, 'Circle K will be unable to obtain permits or complete other required actions pursuant to California Health & SafetyiCode -§ 25298 to temporarily close such USTs. Because the Debtors will no longer have access to the premises, the Debtors will discontinuellthelr current program, if any, to remediate petroleum contamination present at the site. Debtors ' aboveground remediation equipment 'will be removed unless the landlord makes prior arrangements withpthe Debtors for the purchase of the Debtors ' interest in such equipment. THE CIRCLE K CORPORATION 61 01 N. SIERRA AVENUE FONTANA, CA1. 92336 • ( 71 4 ) 823 0691 Ih r i� 1�