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REC FRED <br /> April 23, 2009 APR 2 7 2009 <br /> ENVIRONMENT HEALTH <br /> Margaret Lagorio PERMIT/SE"E3 <br /> Program Coordinator Unit IV <br /> San Joaquin County Environmental Health Department <br /> 600 East Main Street <br /> Stockton, California 952 2 <br /> Dear Ms. Lagorio: <br /> Subject: Hole in UST Cleanup Process <br /> In 2004 my mother was notified that because she previously owned 1601 Turnpike Road, <br /> Stockton, she was one of the responsible parties for cleaning up the site, as defined in the <br /> California Code of R agulations. Also notified were the three partners in Turnpike Associates <br /> and I think Nereida Lopez. Perhaps other previous owners or lessees could have been <br /> named as responsible parties. But I don't know the history of the property ownership or <br /> various uses on the property, so don't know if others would fit the definition or not. As <br /> background, my parents bought the property containing the UST from Turnpike Associates. <br /> The UST was never used by my parents. It was removed by them, however, and sometime <br /> after removing the LIT, the property was purchased by Lopez. Of all the responsible parties <br /> notified, my mother is the only one who stepped up to the plate. The property is now being <br /> cleaned up and she is receiving reimbursement from the Barry Keene Underground Storage <br /> Tank Cleanup Fund. <br /> What is the hole int a cleanup process? <br /> The low considers all named responsible parties equally responsible. If all are non-responsive, <br /> the site is referred to the Regional Water Quality Control Board for enforcement action. <br /> However when ever just one is responsive, in effect, that one bears all the burden—hiring a <br /> consultant,workingwith the local agency,worrying about the environmental and financial <br /> impact. The other r sponsible parties are not absolved of their legal responsibilities but for all <br /> practical purposes are out the picture. I have had numerous conversations with staff at the <br /> State and local level, read the regulations and applicable laws and have concluded my <br /> understanding is correct. Short of civil action on our part, no recourse is available to assure <br /> participation of all responsible parties. <br /> Having been involved in drafting legislation and writing regulations, I suspect neither will be <br /> amended to speak to this inequity but I think some process could be established to at least <br /> keep all responsible parties in the loop and reminded of their legal obligation as a <br /> responsible party. P rhaps something as simple as an annual notice to all responsible parties <br />