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VVh1bKLY 6LUUUt1 HAHBL)h Y P. O. BOX 107 JUL 5 1988 HOLT. CALIFORNIA 55234 ENVIRONMENTAL HEALTH PERMIT/SERVICES 6-29-88 San Joaquin County To= whom it may _concern;__ . In response to the San Joaquin Local Health District citation - (no number) issued on 6-14-88 alleging a major violation per improper abandonment of two 1000 gal regular fuel tanks. We feel this citation is in error and does not address in any manner the situation or circumstances regarding said tanks. In our opinion and to the best of our knowledge, the tanks were in place as above ground tanks prior to 1976 and during the ensuing 12 years either intentionally or accidentally were partially covered with sand, debris and vegetation. San Joaquin Health District, in 1987, determined, despite our disagreement, that the tanks were underground and would have to be precision tested. this was done and no leakage or problems were found. In the course of our ongoing program of general clean-up and beautification of the harbor, the debris, sand and vegetation were removed and the tanks were painted. At the same time the original railroad tie supports were replaced, no added! We feel that this, hopefully, addresses the inspectors item # I. As to the alleged .improper closure and improper abandonment charge, the tanks in question have been in continued operation for at least 12 years in exactly the same position they occupy now. The tanks continue to be in operation today and are not to be abandoned, closed, moved or touched in any manner. In our opinion, if any permit is required, it should be to re-classify existing tanks from underground to above ground and if a violation did in fact occur it was due to our ignorance of the fact that the reshaping of dirt required a specific permit. We value our good working relationship with San Joaquin County and wish to keep it intact. Please advise; Yours Truly, Bernard H. Pflaum cc. ,nom,-��-•-�',` //L/ Roy W.Krickeberg Law offices Rankin,ONeal, Center, Luckhard and Lund San Jose, Ca. cc. Brook Cuningham • :v...... ww...w+:va:Ti:"" .... ..� •.wr..,..�..nn -•r-!..yY+r•. y •n r' •,- ..�• .... , -.