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4� f <br /> DOWNEY <br /> BRAND <br /> SEYMOUR. <br /> t <br /> ■ <br /> CRAIG C. ALLISON <br /> A"TrGTRtVEYS AT LAW . <br /> Emausm,1426 <br /> May lo,. 1995 <br /> 555 CAE'ITOL MALL <br /> 4: <br /> 10TH FLOC}R .. <br /> SACRAMENTO.CA 95814-4686 <br /> TELEPHONE(916)441-0131 <br /> FAX(910)441-4021 <br /> IF' <br /> 1Vlichael Infurna <br /> San Joaquin County]Environmental Health Division <br /> r <br /> Stopkt.o i.,. 't:A::952(1.1 <br /> Re: Former Texaco Service Station Ste , 305 South Hutchins St., <br /> 3 <br /> Lodi, -CAy "they site#.) <br /> Dir Mr.. Infurna. <br /> This office represents the FDIC, in its capacity as receiver for City Thrift & <br /> Loan Association,in litigation pending against the operator of the Exxon gas <br /> station located at 501 gest Lodi Avenue, Lodi, California. (the "Exxon site") <br /> and others. The Exxon site is.across the street and upgradient from the s. <br /> Togo's restaurant site, located at 305 South Hutchins Street, Lodi, California <br /> (the "Togo's site"), which is the subject of the litigation. <br /> As you know, the FDIC's consultant, Geocon Environmental Consultants, has <br /> obtained data indicating that the:groundwater beneath the Togo's site is <br /> contaminated by petroleum.hydrocarbons from an offsite source. Based on the <br /> direction of groundwater flow, the presence of MT-13E in the groundwater, and <br /> w - <br /> the aosen&of any*lv1 iaE°findings`Yn the soli at'the iag ';� sites�Geocon has <br /> concluded that,the Exxon site is the likely sodree such groundwater <br /> ,contamination This.conclusion was set forth•in Geocon'a Interim Assessment <br /> Report acid Geocon's Problem Assessment Report, which I understand was <br /> sent tet vu on Warch 1, 1995 and May 5, 1995, respectively: <br /> We have obtained. a.:copy:your agency's file on the Exxon,site. The file <br /> indicates that thine motor vehicle fuel underground storage tanks are present <br /> on the Exxon site. that the tanks are of single=walled,. unlined, .steel <br /> construction, and that the tanks were installed in 1972 and are now 23 years <br /> old. in addition, the file'contains an inspection.report, dated January- 1% <br /> ` 1995, which recites;that the tanks have(leen improperly abandoned. Although <br /> the. report states that:the dispenser nozzles have been retnoved, there:is no <br /> �rrd cad (hat.;the product has been drained from the;tanks. Nor is there any. <br />