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OFFICE OF THE DISTRICT ATTORNEY <br /> SAN JOAQUIN COUNTY <br /> * *: ENVIRONMENTAL PROSECUTIONS UNIT <br /> 9l 222 East Weber Avenue,Suite 202,Stockton,California 95202 <br /> �•Yo 0 / P.O.Box 990,Stockton,California 95201 <br /> �9@UiN C i <br /> Telephone:(209)468-2400 Fax:(209)468-0314 <br /> JAMES P.WILLET T EDWARD J.BUSUTTIL <br /> DISTRICT ATTORNEY. - ASSISTANT DISTRICT ATTORNEY <br /> February 28, 2007 . <br /> Thomas O'Neill <br /> Valley Motors <br /> 800 E. Main Street <br /> Stockton, CA 95202 <br /> Re: VALLEY MOTORS <br /> Dear Mr. O'Neill: <br /> Thank you for meeting with representatives of the Environmental Health Department and our <br /> office at your property yesterday with regards to your underground storage tank(UST). First of all, as <br /> you may or may not be aware,the UST located in the sidewalk is now completely full of an unknown <br /> liquid. Prior to the removal of the tank all liquids will need to be managed pursuant to California law. <br /> Next, although during our visit we were not able to determine the location of any existing <br /> associated piping, it remains my position.that the management and responsibility for this UST system <br /> rests solely on the owner of 800 E. Main Street. Also, after our initial meeting, as I told you I would, I <br /> have now reviewed the entire Small Claims file from several years ago. Again, from my review of the <br /> file, issues resolved by the court related only to back fees. <br /> With that said,I agreed to write this letter to confirm our conversation yesterday,the District <br /> Attorney's Office will not file a case with the Superior Court if each of the following actions are taken <br /> within the timeline outlined below: <br /> 1. Get three(3)bids to remove the UST system; <br /> 2. Complete and submit a permit within 21 days to remove the UST system; <br /> 3. 'Remove the UST and associated piping under the conditions listed in the permit within <br /> 45 days from yesterday. <br /> In addition, if the above is not agreed upon, the District Attorney's Office will then take the next <br /> series of steps necessary to precipitate a pre-complaint resolution. While it is not my preference,this <br /> short pre-filing period will result in compliance being achieved and a civil Complaint and Judgment <br /> being filed with the Superior Court. <br />