SITE INFORMATION AND CORRESPONDENCE

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NEUMILLER & BEARDSLEE A PROFESSIONAL CORPORATION•ATTORNEYS&COUNSELORS ESTABLISHED 1903 STOCKTON OFFICE: 58953-21778 509 W.WEBER AVE. STOCKTON,CA 95203-3166 (209)948-8200 (209)948-4910 FA.x February 21 , 1995 NAILING ADDRESS: P.O.Box 20 STOCKTON,CA 95201-3020 MODESTO (209)577-8200 Ms . Wend W els (209)577-4910 FAx Y y Regional Water Quality Control Board Central Valley Region 3443 Routier Road, Suite A Sacramento, California 95827-3098 Re: Koppel Stockton Terminal 2025 West Hazelton Stockton, California Dear Ms . Wyels : I am in receipt of you letter dated February 6 , 1995 , requesting that the Regional Water Quality Control Board ( "RWQCB" ) be permitted entry onto the above referenced site for the purposes of testing the soil, and perhaps even the groundwater, for evidences of nitrate concentrations . After reviewing the documentation you sent, we have the following comments : First and foremost, the underlying evidence for requesting a site investigation and/or cleanup originates from three NOVs issued over 13 years ago and long before MUNCO owned the property. Your letter states , "there is substantial legal precedent for naming the current property owner as a 'Discharger' and requiring him to conduct a site investigation and/or cleanup. " While this may be the practice, it is contrary to State Water Resources Control Board ( "State Board" ) policy. On numerous occasions the State Board has reiterated its policy of holding truly responsible parties (the owner and operator at the time of the discharge) primarily liable and subsequent or "innocent" landowners as secondarily liable. MUNCO purchased the property in 1986 . No evidence exists to show that MUNCO's activities may have caused a discharge. In fact, the only evidence (the 1992 NOV) was not even issued to MUNCO. Therefore, in accordance with the State Board' s policy of holding truly responsible parties 28722-1