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Peter Dinh Van Bui -2- <br />Claim No. 19612 <br />If you disagree with this Final Staff Decision, you may appeal to the Fund Manager <br />pursuant to Section 2814 of the Petroleum Underground Storage Tank Cleanup Fund <br />Regulations. If you would like review of the decision by the Fund Manager, please <br />submit your request along with any additional documentation to: <br />John Russell, P.G., Fund Manager, Claim #019612 <br />Underground Storage Tank Cleanup Fund <br />State Water Resources Control Board <br />Division of Financial Assistance <br />P.O. Box 944212 <br />Sacramento, CA 94244-2120 <br />A request to the Fund Manager must include, at a minimum: (1) a statement describing <br />how the claimant is damaged by the prior Staff Decision; (2) a description of the remedy <br />or outcome desired; and (3) an explanation of why the claimant believes the Staff <br />Decision is erroneous, inappropriate or improper. <br />If you do not request a review by the Fund Manager within thirty (30) calendar days <br />from the date of this letter, the Final Staff Decision will then become final and <br />conclusive. <br />If you do request a review by the Fund Manager, you must also submit the following: <br />It appears the last operating permit was issued for 1994, causing a lapse in <br />permit compliance between 1994 and 1997, when the tanks were removed. If a <br />temporary closure was issued by San Joaquin County, or if an exemption exists, <br />please provide verification. It also appears that a lapse in permit compliance <br />occurred in 1988, as a penalty was assessed according to the "Fee Information" <br />submitted. Note: Claimants are not eligible to participate in the Fund if permit <br />compliance is not maintained. <br />2. Verification that all UST storage fees (for the tanks that are the subject of this <br />claim) due on or after January 1, 1991, imposed by Section 25299.41 of the <br />Health and Safety Code have been paid. It is noted that a request has been <br />made to BOE and verification will be sent when received from BOE. <br />3. Please verify there was no removal report written by your consultant. <br />4. It is unclear if there were employees, and if so, how many. According to the <br />"Request for Assignment of Claim to Priority B..." Form, there were no <br />employees. If that is the case, you must submit a letter stating there were no <br />employees for you and any affiliates, and sign under penalty of perjury. We also <br />received a letter dated 5/4/11 that states there are "fewer than 100 employees". <br />California Environmental Protection Agency <br />P. Recycled Paper <br />