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05-04-1995 09:30AM FROM ALAMO iu 1G�74G4b13ti r.er� <br /> ti til the other parties defaulted on their s. in 1989, we again <br /> a firmed a Regional Water Board order which utilized the <br /> s .condary liability approach- (See Petition of William R. <br /> 5 hmidl, order No_ WED 89-1. ) we have also required a Regional <br /> W ter Board to include a previously unnamed party and to give <br /> t at person secondary liability status in circumstances similar <br /> tcP the prudential petition (See Petition of Arthur Spitzer, <br /> C!rder No. 14Q 89-8- ) <br /> Based on our earlier decisions and the information <br /> in the record, we find it appropriate that Susan Rase be listed <br /> in the cleanup and abatement order as secondarily responsible <br /> arty. while she is the current landowner, it is clear that she <br /> either caused nor permitted the activity which led to the <br /> ischarge. . The order will be redrafted to reflect that change, <br /> 4. Wen est, Inc. <br /> The situation with regard to wenwest is a little <br /> it more complicated. Because Wenwest had nothing to do with the <br /> activity which caused the discharge and is , like Wendy's <br /> nternatiot►al, a former owner Cf the land, it could be argued <br /> hat it does not belong in rhe order at all. However, we find <br /> that the controlling interest which Wenwest has in the property, <br /> springing as it does from a sale/lease bac]: arrangement with an <br /> absentee landowner, places it in a position of some <br /> responsibility. wer_west exercises all the normal attributes of <br /> day-to-day ownership of the property- we see no reason to treat <br /> Wenwest any differently from. Susan Rose . wenwest should be named <br /> 45 a 8eccandaray res <br /> 1 ons ib'6 partly. <br /> P <br /> 8 . <br />