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h <br /> �.+ <br /> SATE OF CALIFORNIA-CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON,Governor <br /> STATE WATER RESOURCES CONTROL BOARD <br /> DIVISION OF CLEAN WATER PROGRAMS <br /> 2014 T STREET,SUITE 130 e�' � £ ° <br /> P.O.BOX 944212 <br /> SACRAMENTO,CA 94244-2120 <br /> 916/739-4344 E C V E <br /> Facsimile 916/739-2300 <br /> N OV 3 0 1992 <br /> ENVIRONMENTAL HEALTH <br /> NOV 2 4 1992 <br /> PERMIT/SERVICES <br /> , <br /> Mr. Boyd Patten <br /> 1050 Springoak Way <br /> Stockton, CA 95209 <br /> Dear Mr. Patten: <br /> UNDERGROUND STORAGE TANK (UST) LOCAL OVERSIGHT PROGRAM, SITE NO. 2180, SAN <br /> JOAQUIN COUNTY <br /> This is in response to your letter dated October 3, 1992 which Lori Casias of <br /> my staff discussed with you on November 20, 1992. Ms. Casias telephoned you <br /> to obtain additional information concerning the sale of the property in 1984 <br /> and also the last use of the tank. The following is a summary of the <br /> information you provided to Ms. Casias on November 20, 1992 and in your <br /> letter. <br /> Escrow opened in October 1984 for the sale of the subject site from W. M. Lyle <br /> Company to Patten Steel Company and closed on December 12, 1984. Sometime <br /> between October and December 1984, the tanks were drained by W. M. Lyle <br /> Company. According to your real estate agent, W. M. Lyle Company vacated the <br /> property approximately 13 months prior to October 1984. Patten Steel Company <br /> never used the tanks; therefore, they were last used by W. M. Lyle Company <br /> sometime in 1983. You had the tanks removed in 1986. <br /> As Ms. Casias discussed with you, federal funds were used for the oversight <br /> costs at this site; therefore, when identifying a responsible party, the <br /> definition of a responsible party found in the federal regulations must be <br /> used, along with the corrective action regulations. The federal regulations <br /> define a responsible party as: <br /> "in the case of any underground storage tank in use before November 8, <br /> 1984, but no longer in use on November 8, 1984, any person who owned <br /> such tank immediately before the discontinuation of its use." <br /> As Ms. Casias explained to you on November 20, 1992, you are responsible <br /> because you owned the tanks when they were removed and contamination was <br /> identified. Because the tanks were last used in 1983, the above definition <br /> would apply to W. M. Lyle Company. We have instructed the County to name <br /> W. M. Lyle Company jointly responsible with you for the oversight invoices <br /> mailed to you on March 6, 1992 and April 15, 1992. These two invoices <br /> represent the final costs incurred prior to site closure on September 7, 1990. <br /> It will be up to both parties to negotiate the payment. <br />