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0 <br /> Ron Rowe <br /> Registered Environmental Specialist <br /> February 2, 2000 <br /> Page 3 <br /> Between 1964 and 1976, Urich operated and controlled the gas station facility. As a subtenant to <br /> Daylin, its sublease would have been cancelled upon the termination of the master lease by <br /> Daylin. There is no record of any release occurring during this period, or of poor management <br /> or fuel handling practices. At the time the Property was sold to Calpack, the entire gas station <br /> was intact and in operating condition: the USTs, dispensers,product piping, fueling islands, <br /> canopy, and other structures were unchanged and these facilities could have fueled vehicles <br /> immediately. <br /> DEL MONTEIS OPERATIONS AND CONTROL OF SITE, TANK REMOVAL <br /> PROCEDURES' <br /> Del Monte knew at the time it purchased the Property from Parmaceast that it had a viable and <br /> operating gasoline station on its Property. Attached hereto as Exhibit "A" is a survey of the <br /> property, showing the presence of the gasoline station among other improvements immediately <br /> after the transfer from Pannaceast Del Monte took no steps to alter the gas station <br /> improvements, and the Prior Owners believe that Calpack and Del Monte used the Property for <br /> storage, including truck storage°. As noted below, the nature of the gasoline found on the <br /> Property suggests that the unauthorized release did not occur due to a UST or product piping <br /> leak, but due to spillage in and around the USTs,particularly the northernmost UST. <br /> Several years after Del Monte's purchase of the Property, Del Monte eventually contracted to <br /> have the petroleum product in the USTs pumped out and the USTs filled with water. There is no <br /> public report respecting these pumping activities, and thus it is not apparent whether fuel product <br /> was spilled during these operations. It is noteworthy, however, that Del Monte took no steps to <br /> i <br /> dismantle any of the gas station facilities for 9 years after acquiring these improvements. Thus, <br /> all of the facilities continued to remain intact, were in operational condition, and they could have <br /> been promptly used as an operating gas station. <br /> 3 As noted in footnote 1, Del Monte controlled Calpack, and for the sake of convenience, all of <br /> the activities of these two entities are being characterized as those of Del Monte. <br /> ° It is notable that Del Monte operated and maintained several USTs on its adjacent facilities to <br /> fuel its production facility and vehicles. Del Monte has never provided sworn testimony that the <br /> USTs were not used for temporary storage of gasoline, although in 1976 and thereafter, there <br /> were severe problems with fuel shortages due to the Arab Oil Embargo, and the presence of the <br /> USTs would have presented a ready opportunity to create additional storage capabilities. I <br /> Notably, in the Exceltech Report, page 3, the report states: "...The tanks previously supplied <br /> products to a gasoline station which was latter(sic) purchased by Del Monte and subsequently <br /> taken out of service." (Emphasis added.) This certainly suggests that the USTs were used by <br /> Del Monte. <br /> 761778.3 <br />