SITE INFORMATION AND CORRESPONDENCE

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1 possible multiple parties should properly be named in cases of disputed responsibility as fewer 2 parties named in the order may well mean no one is able to clean up a demonstrated water quality 3 problem. Id. Thus, the SJCEHD's refusal to name Turnpike Associates as responsible parties is 4 against public policy. Moreover, as discussed below, Turnpike Associates is a"responsible party 5 as defined by the California Code of Regulations. 6 California Code of Regulations, Title 23 section 2720 provides, in pertinent part, as 7 follows: 8 "Responsible party"means one or more of the following: 9 (1) Any person who owns or operates an underground storage tank used for the storage of any hazardous substance; 10 (2)In the case of any underground storage tank no longer in use, any person who owned or operated the underground storage tank immediately 11 before the discontinuation of its use; (3) Any owner of property where an unauthorized release of a hazardous 12 substance from an underground storage tank has occurred; and (4)Any person who had or has control over a underground storage tank at 13 the time of or following an unauthorized release of a hazardous substance. 14 The Keirs purchased the Property from Turnpike Associates in April of 1987. At the 15 time of purchase, the UST located on the property was empty. Bill Snyder of Turnpike 16 Associates has confirmed this fact.' As confirmed by both Mr. and Mrs. Keir,the UST was not 17 used during their ownership of the property. Rather, they had it removed with all the appropriate 18 permitting in October of 1987. The UST was intact when removed and did not contain any free 19 product as confirmed by the record at the SJCEHD. Thus, the removal of the UST did not cause 20 the unauthorized release of a hazardous substance. Under these circumstances, it is quite clear 21 that if any unauthorized release occurred at the property, it occurred prior to the time the Keirs 22 became owners. Accordingly, the previous owners and operators should be named as the 23 "primary"responsible parties and Mrs. Keir as a secondary party, if at all. 24 Of relevance here is that, a"responsible party"includes any person who owned or 25 operated any underground storage tank no longer in use, immediately before the discontinuation 26 of its use (item (2) above), and any person who had or has control over a underground storage 27 Z Notably, during the San Joaquin County Environmental Health Department's previous 28 involvement regarding the site in 1994, Turnpike Associates was named as a responsible DAMRELL,NELSON party SCHRIMP,PALLIOS PACHER&SILVA A Professional 4 Corpomfion