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James L.L. Barton. P.G. <br /> April 13.. 2007 <br /> Page 14 of 14 <br /> My client is not a "responsible part}" as that teen is defined in the Porter- <br /> Cologne Water Quality Act. And, (lie regulation, 23 CCR 2720(3) which designates 1 <br /> all owners subsequent to a release as "responsible parties" is not auiliorized 'by the i <br /> Porter-Cologne Act when.it is applied to a person who%vas never directly involved � <br /> with a "discharge." whose actions were never a "substantial factor in causing"a <br /> discharge, and who never"neglected to abate a continuing nuisance. <br /> My client has now.responded fully to the request of the Board in the <br /> September 26,2006 letter. The Conceptual Site Plan provides the rationale for <br /> closing the site. If the Regional Board determines that it does not%apish to close the <br /> site now. then it should remove.Lorrie Greene as a responsible- party in this matter <br /> and proceed %with whatever actions it deems appropriate against Interstate;Brands and l <br /> the current owner. ',Mr. Kone. <br /> Respectfully submitted, <br /> Jam s R. Arnold <br /> -xhibits <br /> t <br /> Exh._I — 1954"Triple Net' Lease, for 25 years,to Langendorf United <br /> Bakeries; Inc. <br /> Exh. 2— 1979 Agreement for Extension ofi ease <br /> 6 <br /> Exh. 3 — 1984 Agreement for Extension of Lease <br /> Exh. 4A — 1986 Letter <br /> Exh. 4B 1986 Assigrrmcnt of Lease and Assumption of Liability j <br /> i <br /> Exh. 5— 1991 .Letter <br />