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. and <br /> Underground Stornye Tank Cleanup F <br /> Mr. Pete Giambanco, Jr. <br /> Vintage Car Wash <br /> Claim No. 830 <br /> Page 3 <br /> Section 2810. 1 (b) states that purchasers of real <br /> property. . .on which an underground storage tank is situated <br /> may not file a claim against the Fund if: <br /> (1) The purchaser or acquirer knew. . .that an underground <br /> storage tank was located on the real property being <br /> acquired and <br /> (2) Any party from whom the real property was acquired <br /> would not have been eligible for reimbursement from the <br /> Fund. <br /> The former owner, Mr. John Shaughnessy, was out of <br /> compliance with permit requirements which is a violation of <br /> the California Health and Safety Code. This precludes him, <br /> and therefore Giambanco from being an eligible claimant to <br /> the Fund. <br /> Although we have not been formally informed, it is our <br /> understanding that Pete Giambanco, Sr. passed away in December, <br /> 1992 . The County states that you, Pete Giambanco, Jr. have been <br /> named executor of the estate and are also a beneficiary of the <br /> estate. It is our position that in the case of a passive <br /> acquisition (such as this) , the inheritor acquires the <br /> eligibility (or, ineligibility) of the claimant. Therefore, it <br /> is held that you are also ineligible. <br /> This letter is considered a Final Staff Decision. If you are not <br /> in agreement with this decision, you may request review of the <br /> staff decision by the Chief of the Division within sixty (60) <br /> calendar days of receipt of this letter as provided in Article 5 <br /> of the Cleanup Fund Regulations. <br /> Please send any request for review to: <br /> Mr. Harry M. Schueller, Chief <br /> State Water Resources Control Board <br /> Division of Clean Water Programs <br /> P. O. Box 944212 <br /> Sacramento, CA 94244--2120 <br /> If you do not request a Final Division Decision within the sixty <br /> (60) calendar days, a Notice of Intended Removal from the <br /> Priority List will be issued pursuant to Section 2813 .4 (b) of the <br /> Cleanup Fund Regulations. <br /> If you have any questions, call Toru _Okamoto at (916) 227-4539 . <br /> Sincerely, <br /> Dave Deaner, Manager <br /> Underground Storage Tank Cleanup Fund Program <br />