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0 0 0 <br /> Damrell Nelson Schrimp °rRi EC'ENED <br /> Pallios Pacher &Silva <br /> ATTORNEYS JAN 2 7 2004 <br /> A Professional Corporation ENVIRONMENT HEALTH <br /> PERMIT/SERVICES <br /> Duane L. Nelson January26 2004 Fsoi I street <br /> Roger M. Schrimp ' Fifth Floor <br /> Steven G. Pallios Modesto, -3 95354 <br /> 00 <br /> Matthew 0. Pacher Fax: (526-356- <br /> Fred A. Silva Fax: (2091 526-3534 <br /> James F. Lewis www.damrell.com <br /> Clinton P. Walker <br /> Michelle Burke McKenzie Direct E-mail for: <br /> James M. Lindsay Kathy L.Monday <br /> Thomas P. Hogankmonday@damrell.com <br /> (209) 464-0138 kmonday@damrell.com <br /> John K. Peltier <br /> Amy Elliott Neumann and U.S. Mail <br /> Stephen V. Imburg <br /> Robert V. Garcia <br /> Kathy L. Monday Victoria L. McCartney <br /> Gene J. Stonebarger Environmental Health Department <br /> Maria Fatima Gioletti <br /> Stacy L. Sisco San Joaquin County <br /> Grace Nerona Chan 304 E. Weber Avenue, Third Floor <br /> Betty L.Julian <br /> George P. Rodarakis Stockton, California 95202-2708 <br /> Chad R.Vanisko <br /> Frank C. Damrell Re: Lopez Property <br /> (1698-1986) 1601 Turnpike <br /> Of Counsel Stockton, California 95206 <br /> Richard Douglas Brew <br /> Dear Ms. McCartney: <br /> After reviewing our client Mrs. Keir's documents, and gathering information <br /> regarding the history of the site and the underground storage tank(UST), it appears that <br /> Mrs. Keir has been incorrectly named as the "primary"responsible party. <br /> nv1196'G <br /> The Keirs purchased the subject property in April of 1987. At the tirne�of <br /> purchase, the UST located on the property was empty. On January 21, 200 , I confirmed <br /> this fact with one of the previous owners who sold the property to the Keirs, Bill Snyder <br /> of Turnpike Associates.' As confirmed by Mrs. Keir, the Keirs never used or operated <br /> the UST. Rather, they had it removed with all the appropriate permitting in October of <br /> 1987. The UST was intact when removed as confirmed by the County's records. Thus, <br /> the removal of the UST did not cause the unauthorized release of a hazardous substance. <br /> Under these circumstances, it is obvious that if any unauthorized release occurred at the <br /> property, it occurred prior to the time the Keirs became owners. Accordingly, the <br /> previous owners and/or operators should be named as the"primary"responsible parties <br /> and Mrs. Keir as a secondary party, if at all. <br /> r Notably, during the San Joaquin County Environmental Health Department's previous <br /> involvement regarding the site in the 1990's,Bill Snyder of Turnpike Associates was <br /> named as a responsible party, Thus,we assume your agency must have the relevant <br /> information regarding Mr. Snyder's ownership of the property and/or operation of the <br /> UST. <br />