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V e 6 Sia Frank Guinta October 12, 2014 Guinta Enterprises 305 N. Union Road Manteca, CA 95336 RECEIVED Judy Reid 1001 I St. NOV 2 5 2014 Sacramento, CA 95814 Lien Process & Unreasonable Changes ENVIRONMENTAL HEALTH PERMIT/SERVICES Ms. Reid, When the EAR Program was first implemented, Jennifer White told my consultant Don Thompson and me that once the project was completed I would have a period of time to review and verify the invoices. Section 7 of her attached letter includes, "you will receive an invoice, itemizing all costs incurred, once the required corrective action has been completed. The liability of an owner or operator shall be the full and total costs incurred. The SWRCB is authorized to place a lien on the property for all costs incurred ...". Notice that it talks about the"full and total costs incurred", and, "a lien on the property for all costs incurred". It says nothing about putting liens on as you go. If I didn't pay the lien per the notice, Ms. White told me it would then be put on the property and that seemed fair to me. Once the project was closed out with a finite invoice of justifiable charges, I would get a loan against my equity to pay it. I only received invoices in October 2011 after six years of EAR work and only when I requested them from you after discovering that they were already putting liens on the property - contrary to the agreement on the EAR Program process. The lien notices indicated that I had 45 days to challenge them, but without invoices I didn't realize these were actual liens. How could I possibly be expected to challenge a lien in 45 days, without any invoices, when even the coverage dates aren't correct? We saw discrepancies like the $133K lien recorded on 4/7/2009, "released due to correction on 9/22/2009". It took them 5 months to find their errors and I have 45 days to do it without invoices? Also, the original June 7, 2011 lien for $231K said it was for, "costs expended to date". I called Ms. Lee on June 14, 2013 to complain about placing a lien without the project being completed and invoices provided and she corrected that this lien covered just the last 27 months! You revised the lien on October 6, 2011. It was 4 months before you corrected the error. Again how was I supposed to challenge it with the wrong dates and no invoices? The spreadsheet and invoices you then provided were indecipherable and incomplete. There is no way this satisfied the process represented to me. In Jan. 2013, I was notified by you that they were changing that wording, "to ensure there is no confusion about when the State Water Board can file a lien, the annual RP Notification letter has been modified to clarify the State's right to file intermittent liens reflecting individual invoices during the time in which cleanup is ongoing." In your letter of September 5, 2014, I see that you reiterate the new process saying, "the State Water Board may file one lien for the total cost amount upon the completion of the abated condition, or intermittent liens reflecting individual invoices during the time in which cleanup is ongoing." But again, this was not the process I agreed to when I entered the program and have shown that it provided an unworkable model to provide any reasonable assessment of the validity of the charges. You have not only changed the process, but have changed it to one that has proven unworkable by your own discovery of errors and precludes me being able to get a loan to pay the liens while the project is ongoing and open-ended. I'm 71 years old and after a life of work, that equity in the gas station was to support myself in retirement. Now I find I'm terminal with stage 4 cancer so I'm writing again to document the original agreement in case I 1