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closure. The SJCHSEHC.esponded requesting farther horizontal.-orad vertical delineation. <br /> CLAIMANT'S GRIEVANCE <br /> The appeal process has since made it clear what the Fund is concerned about. The UST Fund has <br /> made the unilateral decision that the primary objective of the ongoing monitoring and <br /> investigation at Vogue Cleaners is to evaluate the presence of chlorinated solvent contamination <br /> and that only 15% of the sampling labor is eligible for reimbursement. Therefore the Fund has <br /> short paid the reimbursement from request#10 by $ ,224 and request#11 by $2,124. This <br /> reflects a change in policy on behalf of the Fund. All previous requests have been paid in full. <br /> REMEDY REQUESTED <br /> Please issue reimbursement for the missing $3,224, and $2,124, and reinstatement of Vogue <br /> Cleaners eligibility including the sampling costs. <br /> STATEMENT OF REASONS <br /> REASON FOR ELIGIBILITY#1- The two tanks were registered Underground Storage Tanks, <br /> Tank#I(Solvent)- ID# 1032-01 and Tank#2 (Gas)- D# 1032-02. This satisfies the requirement <br /> to be underground storage tanks. <br /> REASON FOR ELIGIBILITY#2- The contents of 1he tanks have always been Stoddard Solvent <br /> in Tank#1 and leaded gasoline in Tank #2. Vogue C leaner's has always been specifically <br /> equipped to run Stoddard Solvents, and by witness of Helen Higgins only stoddard solvent was <br /> used (Exhibit C). By witness of Normand Higgins' own hand on the application for permit for <br /> the tank removal Norman Higgins declares that non chlorinated solvents were used (Exhibit D). <br /> As witnessed by Nancy Biedenweg,the laboratory d rector for Sherwood Labs, the contaminants <br /> are Stoddard Solvent and Gasoline (Exhibit E). Seven years later Entech Analytical Labs, a <br /> subcontractor to Sherwood Labs, identifies the hydrocarbons to be more like gasoline (Exhibit <br /> F). The tank contents have been demonstrated to be Stoddard Solvent and gasoline. Stoddard <br /> Solvent and gasoline are considered eligible for rei bursement by the fund. <br /> REASON FOR ELIGIBILITY#3-Chlorinated Hydrocarbons should be eligible for coverage <br /> under the fund. Monitoring for Chlorinated Hydrocarbons has been eligible for reimbursement <br /> from the beginning of this site investigation. Testin for Halogenated Hydrocarbons has been <br /> approved in the past for reimbursement, and is unde the scope of the Petroleum Underground <br /> Storage Tank Clean Fund Regulations by the Fund' own definition of petroleum, which is: <br /> "Petroleum means crude oil, or any fraction hereof, that is liquid at 60 degrees <br /> Fahrenheit and 14.7 pounds per square inch absolut , including the following substances: motor <br /> fuels,jet fuels, distillate fuel oils, residual fuel oils, ubricants, petroleum solvents, and used oils, <br /> including any additives contained in the formulation of the substances." <br /> The definition includes "petroleum solvents" directl . "any fraction thereof' means any <br /> compounds cut from crude oil. "including any additives contained in the formulation of the <br /> substances" means elements added to make the end product, such as chlorine in 1,2-DCA <br /> (solvent and fuel additive), trichloroethene TCE (cleaning solvent), and tetrachloroethene Perc <br /> (cleaning solvent, and catalyst in refining gasoline). Chlorinated hydrocarbons should be eligible <br /> for reimbursement because they are derived from cr ide oil and are also used as fuel additives. <br /> 1,2-DCA is a lead scavenger in leaded gasoline. Carbon Tetrachloride and Perc are used as <br /> 2 <br />