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05-04-1995 IZ9.3 JAM FROM ALAMO lu zG177401491JU r.KI7 <br /> IlI. CONCLUSION <br /> The cleanup and abatement order issued by the R'WQCH <br /> m st be modified to ,remove one party and change the status Of two <br /> others. The RWOCS properly $ncluded Phillips Petroleum whose <br /> p edecessor owned the property and leased it to a service station <br /> o erator during a time when leaks from the underground storage <br /> tanks were clearly taking place. Wendy' s International has no <br /> present interest in the property and never owned it during the <br /> time they tanks were actually leaking . There is no basis to <br /> include Wendy's International in the order- wepwest, the <br /> operator of the restaurant on the site, and Susan Rose, the owner <br /> oll the property at present, both belong on the order as <br /> r4Esponsible parties. However, because they had nothing to' do <br /> with the actual disebarge and because the two primarily <br /> responsible parties are capable of and willing to undertake the <br /> cleanup, Wenwest and Ms. Rase should be required to perform the <br /> c eanup only inIthe event ot` default by Redding and Phillips. <br /> T V. ORDER w <br /> It is hereby ordered that Cleanup and Abatement Order <br /> No. 52-041 be amended to remove Wendy's international, Inc. tram <br /> t1le list of dischargers and to state that Wenwest, Inc. and <br /> M J <br /> 1 <br /> 7 <br /> h <br /> I <br />