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unramar <br />Ultramar Inc. <br />^.REIV P" D <br />eet E <br />-39! 582-02.11 <br />NOV3Q 1992 <br />ENVIRONMENTAL HEALTH <br />PERMIT/SERVICES <br />Mr. Mel Ehrlich <br />Wild, Carter, Tipton <br />& Oliver <br />P.O. Box 16339 <br />Fresno, CA 93755-6339 <br />Dear Mr. Ehrlich: <br />1111u v Ilia( <br />Telecapy: 209-584-6113 Credit & Wholesaie <br />209-583-3330 Administrative <br />209-583-3302 Information Services <br />209-583-3358 Accounting <br />July 31, 1992 <br />Re: 3300 Waterloo Road <br />Stockton California <br />I have received and reviewed your letter dated July 16, 1992, and the recent letter <br />sent to both your clients, Ouentin Kirsch and Claire D. Kirsch, and this company by the <br />Environmental Health Division of San Joaquin County concerning the above referenced <br />property. <br />As we have repeatedly stressed in our previous correspondence, pursuant to our <br />Lease Agreement with your clients dated December 1, 1984, your client is responsible for <br />"...any costs or damages resulting from any leaks from the underground facilities...". <br />Such "costs" include any expenses associated with assessment and/or remediation activities <br />required by federal, state, or local agencies as a consequence of contamination caused by <br />underground storage facilities. It should be noted that while we have been on the property <br />for a little over seven years, there have been no unauthorized releases of any hazardous <br />materials, including petroleum products, except for the petroleum product that was lost <br />as a result of the 1986 tank failure for which your clients are responsible under the terms <br />and conditions of our Lease. Consequently, any contamination which presently impacts <br />the property must then be the result of (1) previous operations on the property prior to <br />our tenancy, (2) the 1986 underground tank failure for which your clients are responsible, <br />(3) migration of contamination from other sources, or (4) a combination of the above, and <br />we disagree with your conclusion that Ultramar is the "primary party" responsible for <br />contamination of the site. Absent additional evidence demonstrating our responsibility for <br />the contamination at issue, we will not assume responsibility for that which we are not <br />\WP511ENVRNMNTa08W.LTR <br />07.05.09 <br />BEACON <br />iii Quality and Service <br />A Member of the Ultramar Group of Companies <br />