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i • • <br /> ATTACHMENT 1 <br /> ( 7 ) POINTS AND AUTHORITIES IN SUPPORT OF PETITIONER'S REQUEST <br /> (A) PHS/EHD HAS THE LEGAL AUTHORITY TO NAME THE <br /> ADJACENT LANDOWNERS AS RESPONSIBLE PARTIES <br /> FOR THE GROUNDWATER CONTAMINATION UNDER THE <br /> UNDERGROUND STORAGE TANK LAWS <br /> PHS/EHD has the authority under the underground storage tank <br /> laws to classify the Adjacent Landowners as responsible parties <br /> because the Adjacent Landowners fall within the definition of <br /> "Responsible Party. " <br /> Pursuant to the LOP contract, "Responsible Party" means the <br /> owner and/or operator of an underground storage tank (UST) from <br /> which an unauthorized release has taken place, and every other <br /> person, organization, or agency which is legally responsible for <br /> repayment of Local Oversight costs. [See Exhibit "A" to Water <br /> Resources Control Board Standard Agreement No. 2-025-550-0, <br /> General Provisions, Section 2 (P) ] . <br /> The term includes, but is not necessarily limited to, the <br /> following persons: <br /> 1) any person who owns of operates an UST used to store <br /> petroleum; <br /> 2 ) in the case of any UST no longer in use, the current owner of <br /> the UST; <br /> 3 ) any person who owned or operated the UST immediately before <br /> the discontinuation of its use; <br /> 4 ) any owner of property where an unauthorized release of <br /> petroleum from an UST has occurred; and, <br /> 5) any person who had or has control over an UST at the time of <br /> or following an unauthorized release of petroleum occurred. <br /> [Id. ] . <br /> Furthermore, the term specifically includes those persons <br /> who are designated as responsible parties under the federal <br /> Resource Recovery Act (RCRA) including: <br /> 1) any person who owns an underground storage tank used for the <br /> storage, use, or dispensing of petroleum where the underground <br /> 1 <br />