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1 4. Petitioner contends that the evidence' supports a finding that the action taken by <br /> 2 the SJCEHD was inappropriate or improper for the following reasons: <br /> 3 a. According to the records on file at the SJCEHD, the underground storage tank <br /> 4 (UST)was installed on the property in 1972. Petitioner is informed and believes that at that <br /> 5 time,Bill Snyder, Mervyn Totman, and Ralph Smith had an ownership interest in the property <br /> 6 either as individuals (see, Grant Deed dated August 23, 1966, attached hereto as Exhibit"A")or <br /> 7 as general partners of Turnpike Associates (see, Grant Deed dated April 16, 1986 attached hereto <br /> 8 as Exhibit`B"). <br /> 9 b. According to Margaret Lagorio of the SJCEHD, Turnpike Associates leased <br /> 10 the property to R. Goold& Son, a corporation which was also owned by the partners of Turnpike <br /> 11 Associates, and R. Goold& Son operated the UST. According to the Fee Worksheet dated <br /> 12 January 31, 1986 on file with the SJCEHD, R. Goold&Son applied for a permit to operate the <br /> 13 tank on January 31, 1986. <br /> 14 c. On or about April 16, 1986, Petitioner and her husband, Duncan Keir(now <br /> 15 deceased), purchased the Property from Turnpike Associates. The Grant Deed is signed by the <br /> 16 general partners of Turnpike Associates, Bill Snyder, Mervyn Totman, and Ralph Smith. (See, <br /> 17 Exhibit`B.") <br /> 18 d. As confirmed by Bill Snyder, at the time the Keirs purchased the property, the <br /> 19 UST was empty. (See, Declaration of Kathy L. Monday enclosed herewith,12.) <br /> 20 e. Mr. Keir and Mrs. Keir have both confirmed that the UST was not used during <br /> 21 their ownership of the property. (See, letter dated October 12, 1994 from Duncan Keir to the <br /> 22 SJCEHD attached as Exhibit"C" and Declaration of Mabel Keir enclosed herewith,13.) In <br /> 23 addition, Janet Keir, an officer of Keir Krane, Inc. at the time the UST was removed,has <br /> 24 confirmed that the UST was not used during the time Keir Krane, Inc. was involved with the <br /> 25 Property. (See, Declaration of Janet Keir enclosed herewith,12.) <br /> 26 <br /> 27 As much of the documentation referred to herein is part of the record at the <br /> SJCEHD which Petitioner has requested preparation of and submission to the <br /> 28 SWRCB, for purposes of economy, the documents are not being attached as <br /> DAMRELL,NELSON exhibits hereto. Should the Board deem it necessary, Petitioner will provide them. <br /> SCHRMIP,PALLIOS <br /> PACHER&SILVA <br /> A Professional 2 <br /> Corpom ion <br />