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0 <br /> 1 tank at the time of or following an unauthorized release of a hazardous substance(item(4) <br /> 2 above). Cal. Code Regs., tit. 23, § 2720. <br /> 3 Accordingly,because the UST was empty and no longer being used at the time the <br /> 4 Keirs purchased the property, and because the Keirs never used or operated the UST, the <br /> 5 previous owners, Turnpike Associates are the"responsible parties"who owned the UST <br /> 6 immediately before the discontinuation of its use. In addition,because the removal of the empty <br /> 7 UST could not have caused an unauthorized release of a hazardous substance, the previous <br /> 8 owners and operators are the"responsible parties"who had control over the UST at the time of <br /> 9 and following an unauthorized release of a hazardous substance (assuming an unauthorized <br /> 10 release of a hazardous substance has in fact occurred). <br /> 11 b. Turnpike Associates and the General Partners of Turnpike Associates <br /> Are Liable Pursuant to Water Code Section 13304. <br /> 12 <br /> California Water Code section 13304 provides in pertinent part the following; <br /> 13 <br /> Any person who has discharged or discharges waste into the waters of this <br /> 14 state in violation of any waste discharge requirement or other order or <br /> prohibition issued by a regional board or the state board, or who has <br /> 15 caused or permitted, causes or permits, or threatens to cause or permit <br /> any waste to be discharged or deposited where it is, or probably will be, <br /> 16 discharged into the waters of the state and creates, or threatens to create, a <br /> condition of pollution or nuisance, shall upon order of the regional board, <br /> 17 clean up the waste or abate the effects of the waste, or, in the case of <br /> threatened pollution or nuisance, take other necessary remedial action, <br /> 18 including, but not limited to, overseeing cleanup and abatement efforts. <br /> 19 (Emphasis added.) According to State Water Board decisions, Water Code § 13304 imposes <br /> 20 liability on persons who owned land upon which a lessee discharged waste if the following test is <br /> 21 met: <br /> 22 Did the owner have a significant ownership interest in the property at the time of <br /> the discharge? <br /> 23 <br /> • Did the owner have knowledge of the activities which resulted in the <br /> 24 discharge?,; and <br /> 25 Did the owner have the legal ability to prevent the discharge? <br /> 26 In the Matter of the Petitions of Wenwest, Inc.. Susan Rose, Wendy's International, hie., and <br /> 27 Philips Petroleum, Order No. WQ 92-13 (1992 WL 331199 Cal.St.Wat.ReS.Bd.), at p. 2; See <br /> 28 also, In the Matter of the Petition of Harold and Joyce Logson, Order No. WQ 84-6 (1984 WL <br /> DAMRELL,NELSON <br /> SCHRIMP,PALLIOS <br /> PACHER&SILVA <br /> A Professionai <br /> CorponHon 5 <br />