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January 26, 2004 <br /> Page 3 <br /> In the Matter of the Petitions of Wenwest, Inc., Susan Rose, Wendy's <br /> International, Inc., and Philips Petroleum, Order No. WQ 92-13 (1992 WL 331199 <br /> Cal.St.Wat.Res.Bd.), at p. 2 the SWRCB stated as follows: <br /> No order issued by this Board has held responsible for a clean up a former <br /> landowner who had no part in the activity which resulted in the discharge <br /> of the waste and whose ownership interest did not cover the time during <br /> which that activity was taking place. <br /> Accordingly, the SWRCB declined to hold Wendy's as a responsible parry as <br /> Wendy's had"no present interest in the property and never owned it during the time <br /> the tanks were actually leaking." Id. at 4. Likewise,the Keirs never owned the Lopez <br /> Property during the time the UST was actually leaking. hi addition,many other factors <br /> upon which the SWRCB based its decision regarding Wendy's are applicable to the Keirs <br /> as follows: <br /> 1. The Keirs had nothing'to do with the activity that caused the leaks. <br /> 2. 'The Keirs did not engage in any activity which may have exacerbated <br /> the problem(as the tanks were empty and intact upon removal, there could not <br /> have been any spill or leak attributable to said removal). <br /> 3. There are other responsible parties who are [and/or should be] properly <br /> named in the order. <br /> In addition, unlike Wendy's, the Keirs had no knowledge of a pollution problem <br /> at the site during their ownership of the site. In fact, as your records will verify, at the <br /> time the UST was removed by the Keirs, testing was done which indicated a lack of <br /> contamination. Retesting was later performed,which again indicated a lack of <br /> contamination, and the Keirs and the other responsible parties were eventually issued a <br /> closure letter. These facts weigh even more heavily in favor of releasing the Keirs from <br /> responsibility at the present time as they have not been owners of the property for over <br /> ten(10) years. <br /> In light of the above, Mrs. Keir respectfully requests that she be removed from the <br /> list of responsible parties with regard to the Lopez Property. <br /> We have requested copies of the deeds pertaining to the Lopez Property but have <br /> not yet obtained them. However,we have identified one of the previous owners,Bill <br /> Snyder, from Mrs. Keir's personal documents as well as from documents originating <br /> from your agency regarding previous investigation and closure of the site. We are <br /> informed that W. Snyder's current address is 436 N. Central Avenue, Stockton, <br />