SITE INFORMATION AND CORRESPONDENCE

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y Al Olsen, R.E.H.S Laurie A. Cotulla, R.E.H.S June 10, 2003 Page 2 i the County reconsider the Warwicks' request for a letter confirming that corrective action was performed at the Site under the direction and supervision of the County. Other issues regarding which specific costs are reimbursable from the Fund are not before the County as the .responsibility for making this rests with the Fund. As explained below, the Warwicks investigated, evaluated and analyzed the effects of an unauthorized release from a World War II-era bunker oil underground storage tank. These I activities were performed under the direction, supervision and oversight of the County. First, we ' believe the .Barry .Keene Underground Storage Tank Cleanup Fund Act of 1989 (Health & Safety Code,_Cl1a}stet-635)..Underg.t- und-Steerage ofV,lazardous-Srtbstances-(i-[ealth.an-ci=Safecy-(f--o-ems='- Chapter 6.7) and the Underground Tank Regulations (Title 23, Division 3, Chapter 16 of the California Code of Regulations) support our interpretation. f Health & Safety Code §25299.14 states: "Corrective Action" includes, but is not limited to, evaluation and investigation of an unauthorized release, initial corrective action treasures, as specified in the federal act, and any actions necessary to investigate and remedy any .residual effects remaining after the initial corrective action. Except as provided in the federal act, "corrective action" does not include actions to repair or replace an underground storage tank or its associated equipment. (Emphasis added.) Section 2720 of Article 11 of the Underground Tank. Regulations expands upon this definition and provides: "Corrective Action" means any activity necessary to investigate and analyze the effects of an unauthorized release; propose a cost-effective plan to adequately protect human health, safety, and the environment and to restore or io[ect cui=rent ana` �oiiti�il beife:fic`ia ases`of water; and implement and evaluate— - `- p- 1 ' the effectiveness of the activity(ies). Corrective action does not include any of the following activities: (1) Detection, confirmation, or reporting of the unauthorized release; or (2) Repair, upgrade, replacement or removal of the-underground storage tank. (Emphasis added.) Z Although sonic of[lie Warwicks' costs were incurred while discovering the unaulhorized release and in closing the tank in place, the majority of then costs were incurred t.o invesligate the unauthorized release. As noted above, the State Board has standard procedures to determine which costs. based upon the actual invoices, are reimbursable atter the initial application is deemed complete and the site is accepted into the bund. DOWNEYIBRAND I ATTORNEYS RP i