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STARSKY & KIRK LLp <br /> ATTORNEYS AT LAW <br /> SUM 264 <br /> 6M UNIVERSITY AVENUE <br /> SACRAMENTO, CALIFORNIA 95825-6710 <br /> TELEPHONE (916) 567-3%0 <br /> TELECOPIER (916) 567-3%7 <br /> March 2, 1999 <br /> CONFIDENTIAL COMMUNICATION-FOR SETTLEMENT PURPOSES ONLY <br /> VIA TELECOPIER L209/469-0314)AND U.S. MAIL <br /> David 7. Irey,Esq. <br /> Deputy District Attorney <br /> Enviroumnental Prosecutions Unit <br /> Office of the District Attorney <br /> San Joaquin County Courthouse- <br /> P.O. Box 990 <br /> Stockton, CA 95201 <br /> Re: Unocal Corooration- Stockton Service Stations <br /> Dear Mr.Irey. <br /> This will confirm our telephone conversation yesterday wherein we discussed the <br /> "settlement in principle" between our clients, including the two issues that remained after our <br /> conversation of February 17, 1999, i.e., allocation of penalties and Unocal's application to the <br /> State Water Board for Suspension of Work at 1665 Pacific Avenue. <br /> As I advised you during our eouversation, Unocal has no objection to the county <br /> allocating the agreed-to penalty of$182,500 one-half to the alleged UST violations and one-half <br /> to the alleged unfair business practices. <br /> However, as I also told you, Unocal will not withdraw its application to the State <br /> Water Resources Control Board, pursuant to California Health and Safety Code Section <br /> 25299.39.2, for site closure at 1665 Pacific Avenue, as you have requested. Unocal believes that <br /> your request is an inappropriate condition of settlement and that settlement of these matters <br /> should not be contingent upon whether or not Unocal exercises its Constitutional right to avail <br /> itself of a procedure that has been established by the Legislature for resolving disputes over <br /> cleanup actions. San Joaquin County PHS/EHD was aware of Unocal's position with respect to <br /> the site's closure since its petition was filed in June 1997. Indeed, the timing of PHS/EI-ID's <br /> EXIMIT 9 <br />