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DRAFT AU 3 0 Ig"0 <br /> ENVIRONMENTAL HEALTH <br /> 15 August 1990 <br /> PERMIT/SERVICES <br /> Kim A. Smith <br /> Kroloff, Belcher, Smart, Perry & Christopherson <br /> 7540 Shorline Drive <br /> Stockton, CA 95209 <br /> SOUTHLAND SITE, 9110 THORNTON ROAD, STOCKTON :PROBLEMS REAFFIRMING THE ACCESS <br /> AGREEMENT BETWEEN ROBERT AND SUSAN ROCHA AND THE SOUTHLAND CORPORATION <br /> We have reviewed your 8 August 1990 correspondence to the Southland Corporation <br /> (Southland) regarding an agreement between your clients and Southland for <br /> installation and sampling of monitoring wells on your clients' property. <br /> Staff of the San Joaquin County Department of Public Health Services and Regional <br /> Water Quality Control Board (Regional Board) have been working with Southland to <br /> complete the required investigation and cleanup in a timely manner. The wells <br /> in question were placed on your clients' property at our request because these <br /> wells were considered necessary to adequately define the extent of contamination. <br /> You have indicated that since the agreement for the existing monitoring wells <br /> expired in December of 1989, Southland has no legal right to use your clients' <br /> property. You also state that your clients will not allow the existing wells to <br /> continue to be maintained and operated on their property without a written <br /> agreement which includes: <br /> 1 . Reasonable compensation to the Rochas for the use of their property; <br /> 2. The implementation of appropriate measures to eliminate or minimize the <br /> 110ise [from the operation of the vapor extraction system] . . . ; <br /> 3. The issuance of an Environmental Assessment Report with respect to [your] <br /> clients' three parcels and at no cost to them. <br /> [4.] Reimbursement of your clients' attorney' s fees in connection with this <br /> matter, <br /> Regarding Item 1, you have noted that Southland is obligated by law to determine <br /> the extent of contamination resulting from the discharge of gasoline from their <br /> tanks. Please be aware that pursuant to California Mater Code, Section 13267, <br /> the Regional Board may require a discharger to provide such reports as we deem <br /> necessary. However, the law also provides that the burden including costs of <br /> these reports must bear a reasonable relationship to the need for obtaining the <br /> information. Although your clients are certainly entitled to any reasonable <br /> compensation for loss of income or inconvenience due to the installation and <br /> sampling of the wells, the wells themselves are relatively unobtrusive and do not <br /> r <br />