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San Joaquin County Environmental Health Division <br /> Attention: Lt. Briggs <br /> 816 E. Hazelton St. <br /> January 5, 1995 <br /> Page Two <br /> Accordingly, I have made a thorough investigation of the law <br /> on this subject and I am very certain that these penalties are not <br /> recoverable when the owners had no knowledge of any violation. <br /> I have also the testimony of an expert witness and former <br /> tenants that this tank has been out of service for at least 30 <br /> years and is dry. <br /> My understanding of the law is that if tanks were put out of <br /> service prior to the implementation of current law, that there are <br /> no legitimate grounds to assess fees and penalties. Thirty years <br /> ago there were no special requirements for tank closure, and the <br /> closure was therefore legal and proper. <br /> It is my belief that in the case facing my client, there are <br /> no back fees or penalties which are justified. <br /> If your attorney or department is aware of any specific <br /> statutes that apply or indicate otherwise, please so inform me. <br /> Certainly public servants which operate regulatory agencies are <br /> under a duty to encourage property owners to remove these tanks <br /> instead of lying in wait, slap them with outrageous penalties and <br /> expose them to attorney fees to resist the enforcement of these <br /> outrageous laws. <br /> My client is financially unable to pay these penalties and <br /> fees which I deem are improper. Please issue this permit forthwith. <br /> Sincerely yours, <br /> DONALD D. BOSCOE <br /> Profe$tional C r ration <br /> By: Gr GO <br /> DONALD D. BOSCOE <br /> DDB:ra <br />