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storage tank is in use on November 8, 1984 , or where it is <br /> brought into use after that date. <br /> 2 ) any person who owned such take immediately before the <br /> discontinuation of its use where the underground storage tank was <br /> in use before November 8, 1984 , but no longer in use on November <br /> 8, 1984 . [Id. ] . <br /> The Adjacent Landowners are and have been owners and <br /> operators of a gas station on the property located at 101 South <br /> Wilson Way since the early 19301s. In particular, the property <br /> has been held in the Endich family since 1903 . Over the entire <br /> span of their ownership, they have owned and/or operated a gas <br /> station. As such, the current owners, Kenneth J. Endich and <br /> Edward N. Endich, must be named as responsible parties because <br /> they were the last operators and current owners of tanks from <br /> which an unauthorized release has occurred. Based on the <br /> documentation gathered to date, one must conclude that the <br /> unauthorized release has migrated down-gradient to Petitioner's <br /> groundwater plume. Therefore, the Adjacent Landowners ' <br /> underground tanks contributed to the groundwater contamination <br /> under Petitioner's Site. Moreover, the fact that PHS/EHD has <br /> foreclosed Petitioner's ability to further investigate the source <br /> of the groundwater contamination mandates that the Adjacent <br /> Landowners be named as responsible parties for Petitioner's Site. <br /> Therefore, we respectfully request that the State Board <br /> order PHS/EHD, after evaluation, name those Adjacent Landowners, <br /> including the current owners of the property, Kenneth J. Endich <br /> and Edward N. Endich, as responsible parties for the groundwater <br /> contamination at 102 South Wilson Way. <br /> (B) PETITIONER HAS THE RIGHT TO ESTABLISH THAT <br /> THE SOIL CONTAMINATION AT THE SITE IS NOT THE <br /> SOURCE OF THE GROUNDWATER CONTAMINATION <br /> Pursuant to the LOP, PHS/EHD only has authority to identify <br /> and pursue responsible parties for corrective action pursuant to <br /> federal and state underground storage tank laws and the <br /> regulations promulgated thereunder. All corrective action <br /> required must be in accordance with those laws. <br /> Corrective action is defined by 23 CCR 2720 as "any activity <br /> necessary to investigate and analyze the effects of an <br /> unauthorized release. . . " (emphasis added) . Section 2722 (b) <br /> further defines the scope of corrective action: "the responsible <br /> party shall take or contract for interim remedial actions as <br /> F:\T"\17093\D\R0ER3.REE <br /> 2 75376-17093/=/09/03/93/4 <br />