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r <br /> HERUM CRABTREE <br /> BROWN DYER <br /> 00 AUG 14 VIII-' 06 <br /> ZOLEZZITERPSTRA <br /> Karna E.Harrigfeld <br /> kharrigfeld@berumcrabtree.com <br /> August 10, 2000 <br /> Margaret Lagorio <br /> Supervising REHS <br /> LOP/Site Mitigation Unit V <br /> San Joaquin County Health Services <br /> Environmental Health Division <br /> Post Office Box 2009 <br /> Stockton, California 95201-2009 <br /> Re: Guido G. Segarini Trust/75 East Alpine Avenue, Stockton <br /> Dear Ms. Lagorio: <br /> Our office has been retained by the representatives of the Guido G. Segarini Family Trust to <br /> assist them in addressing the contamination located at 75 East Alpine Avenue, Stockton, <br /> California. <br /> By way of background, in 1994, Mr. Guido Segarini, Trustee of the Guido G. Segarini Family <br /> Trust, loaned Theresa Marler Thirty Five Thousand Dollars($35,000) for a period of 36 months. <br /> Ms. Marler failed to make the requisite payments required under the note and in 1998 the <br /> property was transferred to Guido G. Segarini Family Trust under the powers granted under the <br /> Deed of Trust. The Guido G. Segarini Family Trust at no time operated the former gasoline <br /> station nor benefited by being an owner of the property while the gasoline station was in <br /> operation. <br /> The Guido G. Segarini Family Trust is the unfortunate owner of the property that has been <br /> contaminated by leaks from the underground gasoline tanks that were installed and operated <br /> since 1956. As you know, the SWRCB has directed local agencies to look to those that are <br /> primarily responsible prior to those that are in a secondary position, that is those that are truly <br /> innocent parties such as the Guido G. Segarini Family Trust. State Board decisions addressing <br /> primary versus secondary liability have clearly made the distinction between those parties that <br /> were responsible parties due solely to their land ownership and those parties who actually <br /> operated the facilities or otherwise caused the discharge in question. [See SWRCB Order Nos. <br /> WQ 86-11; WQ 86-18; WQ 87-5; WQ 87-6; WQ 89-1; WQ 89-8; WQ 92-13.] <br /> I The State Board has consistently concluded that the initial responsibility for cleanup should be <br /> with the operator or the parry who created the discharge. Because the Guido G. Segarini Family <br /> Trust did not operate the facility or contribute to the discharge in any manner, we request that <br /> 2291 West March Lane Sufte B100 Stoddon,CA 95207 • 209 472.7700 FFx 209 472.7986 • Modesto 209 525.8444 FAX 209 525.8484 • A Professional Corporation <br />