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Underground Store Tank Cleanup Fund Mr. Pete Giambanco, Jr. Vintage Car Wash Claim No. 830 Page 2 Giambanco has repeatedly missed the deadlines imposed and is out of compliance with the County's corrective action directives. These delays have jeopardized both the environment and the public's safety. Section 2811 (a) (4) and section 2811 (b) (3) of the Underground Storage Tank Cleanup Fund Regulations provide that with respect to corrective action costs, an owner or operator of an underground storage tank. . . shall be entitled to reimbursement for such costs only if the claimant took corrective action in accordance with any applicable provisions of Chapter 6.7 (commencing with Section 25280) of the California Health and Safety Code and the Federal Act. Also, for corrective action costs incurred after December 2, 1991, the claimant must be in compliance with applicable corrective action requirements. Section 2804 of the Underground Storage Tank Cleanup Fund Regulations defines "gross negligence" as any act or failure to act by the owner or operator, its employees, agents, or any other person under the owner's or operator's supervision or control, in reckless disregard of the consequences, which causes or allows an unauthorized release from an underground tank to occur or to continue. Section 2810. 3 of the Underground Storage Tank Cleanup Fund Regulations provides that notwithstanding any other provision of Article 4 , corrective action costs and third party compensation claim costs which are occasioned by or result from the gross negligence or the intentional or reckless acts of the claimant or the agents, servants, employees or representatives of the claimant, are not eligible for reimbursement from the Fund. Giambanco has repeatedly ignored corrective action directives from the County, and was grossly negligent. His failure to act allowed an unauthorized release to continue in reckless disregard of the consequences. He violated the California Health and Safety Code and the Underground Storage Tank Cleanup Fund Regulations. This precludes him from being an eligible claimant to the Fund. (2) Mr. John Shaughnessy, the former owner, was issued a permit for the tanks in 1988; the permit was revoked in 1989 and not reissued due to failure to provide precision tests. No permit was issued for 1990 or 1991. The former owner was out of compliance with permit requirements. Section 2811 (a) (2) of the Underground Storage Tank Regulations requires that a claimant to the Fund had and has obtained any permit or permits required of the claimant pursuant: to Chapter 6 .7, Division 20, of the California Health and Safety Code.