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41On August 19, 2003, EHD received a copy of the letter- sent from Mr. McElravy to Herbst Engineering <br /> requestinginformation regarding the scheduling of the removal project(Attachment 7). <br /> On October 3, 2003, Michelle Le mailed a follow up letter to the business and property owner stating that <br /> none of the items requested from the June 2, 2003 inspection had been received (Attachment 8 &9). The <br /> follow up letter stated that the required information must be received by October 31, 2003 or further legal <br /> action will occur. <br /> . ®On October 26,2003, EHD received a letter from Econo Lube N' Tune Corporate office. Econo Lube N' <br /> Tube claims that the UST was owned by them until January 28, 2001 at which time Mr. McElravy was <br /> sold the UST. According to Econo Lube N' Tune representative Mr. John Leonard, on May 1, 2003, Mr. <br /> Scott Johnson became the new business owner. Econo Lube N' Tune enclosed a financial responsibility <br /> document for the waste oil tank in their name(Attachment 10). <br /> On November 7, 2003, Michelle Le performed a routine inspection (Attachment 11). The UST annular <br /> space was in alarm at the time of the inspection. According to the new operator, Mr. Allen Swift, the <br /> tank had recently been emptied by Evergreen. Ms. Le wrote an inspection report and informed Mr. <br /> Swift that he needed to repair or remove the tank under a permit from this office by December 8, 2003. <br /> Ms. Le informed Mr. Swift that this site has been out of compliance for several months and that a <br /> referral to the District Attorney's office was pending. Mr. Swift said that he was working with <br /> Evergreen to have the tank removed. Mr. Swift assured Ms. Le that it would be done within a week. <br /> Ms. Le provided Mr. Swift with a blank monitoring,&response plan and a removal application. <br /> On December 8, 2003, Michelle Le spoke with John Leonard of Econo Lube. Mr. Leonard asked if he <br /> was supposed to have a contractor by today or was he supposed to have the tank removed. Ms. Le <br /> informed Mr. Leonard that the inspection report stated the tank needed to be repaired or removed by <br /> this date. Mr. Leonard said that the estimate for removal from Evergreen Environmental was $18,000 <br /> and that his management felt it was too costly. Mr. Leonard wanted to try to continue taking proposals. <br /> Mr. Leonard asked if he could continue to get proposals and then let Ms. Le know by the end of the day <br /> who they contracted with. Ms. Le informed Mr. Leonard that this site has been out of compliance for <br /> almost a year and that a referral to the District Attorney's office was pending. Ms. Le suggested to Mr. <br /> Leonard that he submit in writing the status of the removal process. Ms. Le also informed Mr. Leonard <br /> that the tank was in alarm during the routine inspection and that according to Mr. Swift, at the time of <br /> inspection, the tank was empty and should remain that way. Ms. Le suggested for Mr. Leonard to find <br /> out if the tank was still empty and to include that information in his documentation to this office. <br /> Ms. Le spoke to Mr. Leonard again this day. Mr. Leonard informed Ms. Le that Accu-rite gave him a <br /> removal bid of$8,500. Mr. Leonard added that the bid can not be finalized until Accu-Tite visits the <br /> site. Mr. Leonard asked if an extension could be arranged. Ms. Le informed Mr. Leonard that the site <br /> has been out of compliance too long. Ms. Le suggested to Mr. Leonard that he submit a proposal of his <br /> time frames. Ms. Le informed Mr. Leonard that EHD's stance is that the work needs to be completed <br /> immediately. Mr. Leonard agreed and said he would care of it ASAP. <br /> On December 12, 2003, EHD received a copy of the UST removal proposal submitted from Econo <br /> Lube N' Tune (Attachment 12). The proposal was originally for another jobsite but Econo Lube N' <br /> Tune was instructed to cross out the original address and insert the information for the 6970 West <br /> Lane, Stockton address. <br /> 2 <br />