COMPLIANCE INFO_FILE 1 2003-2007

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/1�B m��rin-Is�O[uE/3=" R Reyes Holdings Company Martin-Brower,LLC 209.460.3393 Main 4704 Fite Court Stockton,California 95215 Date: October 10, 2007 To: Mr. Ray Von Flue San Joaquin County Environmental Health Department RE: Hazardous Waste Inspection on 9/12/07 With regard to item#64, we dispute that there is a violation. The reasons that we dispute it are outlined below: 1. On July 21, 2006, I sent a letter disputing this item. In the letter I outlined and claimed legitimate exemptions that are available under the regulations, citing the specific regulations and reasons for the exemptions. You found this letter in your file during your visit. Your office failed to respond to these claims for exemption for over a year. We believe that constitutes acceptance of the claims we asserted and that we are therefore exempt from the requirements. Further, your agency's failure to act on the item in a reasonable amount of constitutes failure to prosecute and precludes further escalation as it violated our Due Process rights. 2. Your agency had knowledge of the existence of the tank in question, as evidenced by annual inspections of our facility. By your own admission, this provision had not been enforced. This represents a de facto exemption. Efforts to require it now are ex post facto, and prohibited under applicable law. 3. The tank was placed in its current location approximately march of 2002. The regulatory requirements are for an assessment upon installation Since it was installed more than 3 years prior, it is outside of the enforcement window of your agency. 4. The tank has been in its current location for more than 5 years. Under the regulations, any assessment that would have been required expires after 5 years, and, due to the type of tank, recertification is not required. Therefore, we are not required to have a tank certification on file. The issue is mute under the regulation. Please note that each item is a separate and independent reason for dispute. In offering them here, we do not waive our right to claim any of them individually, or collectively, or to assert other valid reasons that we may have for disputing the item. However, it is our desire and intent to work with you amicably to resolve this dispute as much as possible. Please contact me at (209) 946-3708 to discuss this matter further.2 Sinc ySinc y ald A. Sonnefeld, MS, CDS Division Safety Manager.