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Mr. Peter Wallace - 2 - AUG 2 9 2005 <br /> Applicable Law <br /> The Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (Act) authorizes <br /> the State Water Board to administer a program to reimburse underground storage tank (UST) <br /> owners and operators for eligible costs incurred cleaning up contamination from petroleum <br /> USTs. (Health & Saf. Code, §§ 25299.10-25299.99.3.) The Act limits access to the Fund to <br /> UST owners and operators who meet specific statutory requirements. (§§ 25299.54, 25299.20, <br /> 25299.21; see also §§ 25299.57, 25299.58.) The State Water Board may only reimburse costs <br /> which are "reasonable and necessary"to cleanup contamination from petroleum USTs. <br /> (§25299.57, subd. (b)(1).) <br /> Factual Background <br /> Peter Wallace is the administrator of his father's estate. Petitioner owns the property at 348 <br /> West Harding Way, Stockton, California. The property was previously used as a commercial dry <br /> cleaning operation. According to the claim application, all of the USTs at the site previously <br /> contained total petroleum hydrocarbons as stoddard solvent(stoddard solvent) and the USTs <br /> were removed in 1991. The tanks had not been used for a considerable time prior to their <br /> removal. Petitioner filed Claim No. 1714 on January 17, 1992. To date, the Fund has <br /> reimbursed petitioner a total of$134,913.19. <br /> Starting in July 1992, this site was under the regulatory oversight of the San Joaquin County <br /> Environmental Health Division (SJCEHD). After reviewing the Quarterly Monitoring Report for <br /> the Third Quarter-1996 and discussing the site with the Central Valley Regional Water Quality <br /> Control Board (Central Valley Water Board), SJCEHD, in a letter dated December 6, 1996, <br /> directed petitioner to include halogenated solvents (EPA Method 601) in the next quarterly <br /> sampling event.' The letter cites the site's history, consistent interference in the laboratory <br /> methods, and historically used dry cleaning solvents as reasons for requiring the use of EPA <br /> Method 601.2 <br /> Pursuant to a request by SJCEHD, the Central Valley Water Board is now the lead agency for the <br /> volatile organic compound (VOC)pollution. SJCEHD remains the lead agency in regard to the <br /> stoddard solvent pollution.3 <br /> I At this site EPA Methods 601 and 8010 were used to test for halogenated solvents,which include chlorinated <br /> solvents. <br /> 2 Chlorinated solvents and stoddard solvent are historically used dry cleaning solvents. <br /> 3 In addition to chlorinated solvents and stoddard solvent,BTEX compounds and additional VOCs have been <br /> identified at the site. <br /> California Environmental Protection Agency <br /> Za Recycled Paper <br />