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• <br /> ppgawto <br /> LAW OFFICES AUG 1 1988 <br /> DORA.ZIO, BARNHORST & BQNAR <br /> A PROFES51ONAL CORPORATION ENVIROmENTAL HEALTH <br /> HOWARD J. BARNHORST II 4.38 CAMINO DEt- RIO SOUTH, SUITE B-223 VERMIT/SERVICES <br /> VIRGINIA G. SONAR P.O. BOX 880209 <br /> JOEL L. INCORVAIA <br /> LAUREL LEE HYDE SAN DIEGO, CALIFORNIA 92$08-0005 MICHAEL DORAZIO,JR. <br /> CYNTHIA J.GLANCY (619) 297-8900 RETIRED <br /> STEVEN P. MtOONALD TE4.ECOPIER(619)297-7649 <br /> MARTHA O.ANDERSON TELEX 697103 BARNOOR <br /> RORY R.WICKS <br /> ROBERT J.COLI <br /> MICHAEL D. LIUZZI <br /> KAREN H.CANOFF <br /> CHRISSA N.CORDAY <br /> MARK E.STUTZMAN <br /> ROSIN <br /> S.COHN <br /> LAKE July 29, 1988 <br /> ROSjIN F. LAKE <br /> LAURI CROCE STREETER <br /> GARY G.ALLEN <br /> Lisa F. Brown, Esq. <br /> Deputy District Attorney <br /> Environmental Prosecutions Unit <br /> San Joaquin County District Attorney's Office <br /> San Joaquin County Courthouse, Room 202 <br /> Post Office Box 990 <br /> Stockton, California 95202 <br /> Re: Energy Petroleum Underground Storage Tanks <br /> Our File Nos. 1051-01 <br /> Dear Ms. Brown: <br /> This letter responds to your recent questions as to the Port of <br /> Stockton's ("Port") analysis of the responsibility of the Bank of <br /> Stockton ("Bank") , Energy Petroleum ("EP") and the Port for the <br /> underground storage tanks ("tanks") on the EP property. <br /> Initially, the Port believes your office and the Health Department <br /> need not and should not be the arbiters of a dispute purely <br /> between the Port, EP and the Bank. Instead, your office (or the <br /> Health Department) should simply order all parties that may be <br /> responsible to perform the removal. Those parties would then <br /> proceed to resolve the ultimate issue of their liability among <br /> themselves. It unfairly prejudices the Port vis-a-vis these other <br /> parties if your office acts as judge and jury in singling out the <br /> Port as responsible, and forcing the Port to bear the burden and <br /> expense of initiating a private, civil action to hold the Bank and <br /> EP liable or to contest the position of the Health Department. We <br /> submit that it is in the interests of the public and the Health <br /> Department to order all potentially responsible parties to comply <br /> to ensure that the appropriate party or parties will respond with <br /> appropriate actions. <br /> EP bears obvious responsibility for the tanks. EP owned the tanks <br /> at least during the term of its tenancy prior to its bankruptcy. <br /> Moreover, as we have discussed in prior correspondence, EP's <br /> bankruptcy does not prevent the Health Department from issuing EP <br /> an order to comply with the requirements of the underground <br />