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NEUMILLER & BEARDSLEE ENVIRONMENTAL HEAI_TH <br /> ESTABLISHED 1903 <br /> A PROFESSIONAL CORPORATION•ATTORNEYS ST COUNSELORS <br /> 94 NOV 29 AM 11: 21 <br /> 75376-17093 <br /> KARNA E.HARfUGFRLD <br /> STOCKTON OFHCE <br /> 509 W.WEBER AVE. <br /> STocTcmN,CA November 23 , 1994 <br /> 95203-3166 <br /> (209)948-8200 <br /> (209)948-4910 FAX <br /> MAILING ADDRESS: <br /> P.O.sox 20 Mr. Walt Pettit <br /> STOCKfoN,CA <br /> 95201-3020 Executive Director <br /> State Water Resources Control Board <br /> MODESTO post Office Box 100 <br /> (209)577-8200 <br /> (209)577-4910 FAx Sacramento, California 95812-0100 <br /> Re : IN THE MATTER OF THE PETITION OF ROEK BROTHERS <br /> TO REVIEW LOCAL OVERSIGHT PROGRAM DETERMINATION <br /> CONCERNING 102 SOUTH WILSON WAY, STOCKTON, SAN <br /> JOAQUIN COUNTY PUBLIC HEALTH SERVICES, <br /> ENVIRONMENTAL HEALTH DIVISION. FILE NO- 93-114 <br /> Dear Mr. Pettit : <br /> We are in receipt of your letter regarding the <br /> dismissal of the petition for review submitted on behalf <br /> of Roek Brothers for the property located at 102 South <br /> Wilson Way, Stockton, California. In part, the petition <br /> was dismissed because the Local Oversight Program had <br /> agreed with the State Board that Roek Brothers should be <br /> placed in a position of secondary responsibility with <br /> regard to this cleanup. <br /> I enclose for your records the letter sent to us by <br /> San Joaquin County which is their official notification <br /> that Roek Brothers will be held secondarily responsible . <br /> The letter simply states that the County "has received <br /> verbal direction from the Local Oversight Program contact <br /> at the State Water Resources Control Board to name Roek <br /> Brothers as secondarily responsible for the assessment and <br /> cleanup of the petroleum release at the site . " The letter <br /> fails to identify any party who should be characterized as <br /> primarily responsible for the assessment and cleanup of <br /> the site or who else may fall into the secondary <br /> responsibility position. <br /> By this letter, I respectfully request that the State <br /> Board instruct the County to also name Union Safe Deposit <br /> Bank as secondarily responsible for the assessment and <br /> cleanup at the site. Union Safe facilitated the transfer <br /> of the property to Roek Brothers through a 1031 tax <br /> exchange and held title for a very short period of time. <br /> 22802-1 <br />