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JAN-05-1996 08 39 P.96i07 Mr. Andrew Smith • -5- • Response: I interpret the comment from the Fund Manager regarding a vapor-only release as offering a possible explanation for the high levels of MTBE located adjacent and downgradient from the current ASTs relative to other constituents in those wells. Recent experience has shown this to be a relatively common occurrence at operating gasoline facilities. Nonetheless, this has no bearing on the final conclusion regarding this case. I do not agree with the proposed explanation that the MTBE has been flushed from the location of the former USTs and deposited downgradient of the current ASTs. Regardless,the locations of the referenced borings and wells, MW-6, B15, B16, and B17 are all adjacent to the current ASTs and associated piping. Decision In summary, I find that the only significant contamination at your site is located in the vicinity of the current ASTs and is the direct result of unauthorized releases from these ASTs. No additional costs for investigation and remediation of the contamination at your site will be reimbursed from the Fund. All costs included in RR No. 13 remain ineligible. In addition, all costs incurred after the Fund Manager letter of June 3, 2003, and reimbursed by the Fund in RR Nos. 10, 11,and 12, while the Fund was awaiting the results of the additional investigation, are considered to be an overpayment and must be returned to the Fund. Based on this decision,I find that there has been an overpayment of $257,983.00 for RR Nos. 10, 11, and 12. TIiis sum is now due and payable, When making payment,please refer to Accounts Receivable 04-8531. Please make the check payable to the Underground Storage Tank Cleanup Fund at the following address: Mr. Doug Wilson Underground Storage Tank Cleanup Fund State Water Resources Control Board P. O, Box 944212 Sacramento, CA 94244-2120 This represents a FDA on this matter. This decision is final and conclusive,unless a petition for review is received by the State Water Resources Control Board(State Water Board), within thirty(30) calendar days from the date of this letter as provided in Article 5 of the Cleanup Fund Regulations. Please send any petition for review to Mr. Arthur B. Baggett, Jr., Chair,with copies to Mr. Craig M. Wilson, Chief Counsel, and Ms. Barbara L. Evoy, Chief, Division of Financial Assistance. The petition must be addressed to: State Water Resources Control Board P. O. Box 100 Sacramento, CA 95812-0100 A request to the State Water Board must include, at a minimum: (1) the name and address of the petitioner; (2) a statement of the date on which the petitioner received the Division's final decision; (3) a copy of the FDD; (4) an explanation why the claimant believes the FDD is erroneous, inappropriate, or improper; (5) a statement describing how the petitioner is damaged by the FDD, and(6)a description of the remedy or outcome desired. California EnyironmeaW Protecdon Agency �J Rmyaad raper