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Margaret Lagorio EH <br /> 'rom: David B yers[DBoyers@waterboards.ca.gov] <br /> �. .jent: Tuesday February 08, 2005 4:25 PM <br /> To: Margarel Lagorio [EH] <br /> Cc: Liz Have ; Terry Brazell <br /> Subject: LOP Petition PO4-220 (Mabel Keir) <br /> we <br /> dismissal letter.pdf <br /> Ms. Lagorio, <br /> This email is to confirm our telephone conversation of today regarding the above- <br /> referenced petition. As we discussed, based on my review of the petition file, I intend <br /> to recommend that the SWRCB overturn the County's refusal to name Turnpike Associates (and <br /> its general partners) as responsible parties associated with the UST release site located <br /> at 1601 Turnpike in Stockton, CA. <br /> My recommendation is based on the following: <br /> 1. There is reasonable and credible evidence in the record to indicate that an <br /> unauthorized release occurred at the site at some point during the operation of the UST by <br /> Goold & Son. (This is supported by the fact that the County named Goold & Son as a <br /> responsible party. ) <br /> 2. Turnpike Associates owned the property during the time in which Goold & Son operated <br /> the UST. <br /> Section 2720 defines a responsible party to include " (3) Any owner of property where an <br /> unauthorized release of a hazardous substance from an underground storage tank has <br /> --occurred. " <br /> l , <br /> -- 'Ihe plain language of this paragraph includes not only the current owner ofproperty on <br /> which there has been an unauthorized release, but all past owners who either held the <br /> property at the time of or following the release. Because there is sufficient evidence to <br /> show that Turnpike Associates owned the property at the time of the release, it is a <br /> responsible party under paragraph (3) . <br /> FYI, I have attached a dismissal letter of an LOP petition from 2002 which discusses the <br /> meaning of paragraph (3) and, in particular, its applicability to interim property owners. <br /> Please let me know if you have any questions or concerns. <br /> David M. Boyers, Staff Counsel <br /> State Water Resources Control Board, OCC <br /> 1001 2 Street, 22nd Floor _ <br /> Sacramento, CA 95814 <br /> tel: (916) 341-5182 <br /> fax: (916) 341-5199 <br /> e-mail: DBoyers@exec.swrcb ca.gov <br /> -------------------------- <br /> ( <br /> 1 <br />