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h <br /> 1 <br /> Neumiller & Beardslee <br /> A PROFESSIONAL CORPORATION - II <br /> FOl1&OED P.5 �MAi LING ADDRESS: <br /> ASHLEY b NEU MILLER ATTORNEYS AND COUNSI2LOBS P0 eo%zo <br /> A;)n <br /> JANUARY 1903 _ ' FORMA 952820CI- 020 <br /> FIFTH FLOOR WATERFRONT OFFICE TOWER II � LE MQ,I Iz o sl 944-ezoo <br /> 509 WEST WEBER AVENUE PAX nIz001948-4910 <br /> STOCKTON. CALIFORNIA 95203 7/ 1 lpC,3 <br /> 75376-17093 <br /> September 3, 1993 <br /> HAND DELIVERED <br /> Ms . Laurie Casias <br /> Underground Storage Tank Program <br /> State Water Resources Control Board <br /> 2014 "T" Street, Suite 130 <br /> Post Office Box 944212 <br /> Sacramento, CA 94244-2120 <br /> Re: Petition for Review by State Board <br /> Roek Brothers/102 South Wilson Way, Stockton <br /> San Joaquin County Site Code: 9031 <br /> Dear Ms . Casias: <br /> This office represents Roek Brothers ( "Petitioner" ) <br /> regarding petroleum contamination on its property located at 102 <br /> South Wilson Way, Stockton ( "Site" ) , which is currently in the <br /> Local Oversite Program ( "LOP" ) . We requested San Joaquin <br /> County Public Health Services, Environmental Health Division <br /> ( "PHS/EHD" ) to name additional responsible parties, authorize <br /> implementation of a workplan, and confirm that the Petitioner was <br /> secondarily liable for the site contamination. PHS/EHD denied <br /> all three requests. <br /> Pursuant to Section 7 of the Memorandum of Understanding <br /> between San Joaquin County and the State Water Resources Control <br /> Board ( "State Board" ) and Health and Safety Code Section <br /> 25297 . 1 (h) , we request that the State Board review PHS/EHD's <br /> determination. <br /> Before addressing the specific requirements of the petition, <br /> we feel it necessary to explain the facts surrounding the <br /> Petitioner's situation which outlines the basis for petitioning <br /> the State Board. <br /> Petitioner purchased the Site in 1985, seven years after <br /> underground storage tanks were removed from the Site. At the <br /> time of the purchase, Petitioner had no knowledge that a gas <br /> station had been operated at the site. Before the Site was <br /> purchased, the Site had been graded so that there was no evidence <br /> of tanks or pumping islands . Petitioner was is the process of <br /> selling a portion of the Site in 1988, when soil contamination <br /> was discovered as part of a due diligence investigation by the <br /> F:\TRN\17093\D\ROEE3.EEH <br /> 75376-17093/=/09/03/93/4 <br />