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0 9 <br /> Ms. Linda Turkatte, R.E.H.S. <br /> June 16, 1993 <br /> Page 7 <br /> Note that we are not requesting apportionment of <br /> liability. We only ask that Pepsi Cola San Joaquin Bottling <br /> Company and Harold and Dena Knowles, as the last owners and <br /> operators who benefitted from the tanks, be named primarily <br /> responsible so that they are obligated to pursue corrective <br /> action before the Roeks are required to participate. Should <br /> PHS/EHD take the position that it cannot work with this concept <br /> of primary/secondary liability pursuant to the UST laws, we may <br /> need to discuss removal of the Site from the LOP. <br /> E. Conclusion. I want to make clear that it is not our <br /> intent to frustrate remediation of this Site. I think the Site <br /> history establishes the diligence of the Roeks in proceeding with <br /> voluntary investigation. Similarly, it is not our intent to <br /> question your judgment, or that of PHS/EHD. I believe we have a <br /> good relationship with PHS/EHD and we have always found your work <br /> professional and your attitude most helpful. <br /> At this point, however, because of the expansion of the <br /> corrective action to groundwater, it is imperative that our <br /> client fully exercise its rights under the law. We need to fully <br /> understand the authority of PHS/EHD through the LOP to determine <br /> if is in our clients best interest to remove the Site from the <br /> program. <br /> Once we have received your response, I believe a meeting <br /> with PHS/EHD and the State Board would be appropriate. In <br /> addition, we would like information on the method of appeal of <br /> LOF decisions to the State Board. Thank you for your patience <br /> and consideration. <br /> If you should have any questions, please do not hesitate to <br /> contact me. <br /> Iy truly ours, <br /> JANE M. ZOLEZZI <br /> Attorney at Law <br /> JMZ/jd <br /> cc: Donald Roek <br /> Lori Casias <br /> Beth Thayer <br /> Craig Wilson, Esq. <br /> F:\TRN\17093\C\ROEK.JMZ <br /> 75376/JMZ/06116/93/2 <br />