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r <br /> S. <br /> STATE OF CALIFORNIA _ <br /> STATE WATER RESOURCES CONTROL BOARD PETE WILSON,covenor <br /> y DIVISION OF CLEAN WATER PROGRAMS <br /> j 2014 T STREET,SUITE 130 <br /> >" P.O. BOX 944212 <br /> e <br /> SACRAMENTO,CA 94244-2120 - <br />`. 916/739-4344 APR j !992 j <br /> Facsimile 916j739-2300 <br /> i <br /> Mr. John M. Margowski APR 0 8 1992 <br /> Manager, Environmental Affairs { <br /> Wickland Properties ENVIRLONiv1EVTALI-IEALTH <br /> PO Box 13648 PERIVIT/SERVICES <br /> Sacramento, CA 95853-4648 <br /> Dear Mr. Margowski : <br /> f UNDERGROUND STORAGE TANK (UST) LOCAL OVERSIGHT PROGRAM, PETITIONS FOR REVIEW <br /> OF LOCAL AGENCY COSTS FUNDED FROM THE HAZARDOUS SUBSTANCE BOND ACCOUNT AND THE <br /> HAZARDOUS SUBSTANCE CLEANUP FUND, FILE 90-021 <br /> As you were previously notified, we recently presented the first petition to ' <br /> the State Water Resources Control Board (State Water Board) for review. As a <br /> result of this hearing, it was determined that the repeal of Section 25297.1 <br /> of the Health and Safety Code on January 1, 1990 deprived the State Water <br /> Board of any authority under that section to recover costs funded from the <br /> Hazardous Substance Bond Account and the Hazardous Substance Cleanup Fund <br /> prior to January 1, 1990 and to make any determinations regarding those costs. <br /> 'Section 25297:1 of the Health and Safety Code was amended and became effective <br /> January 1 , 1991. Therefore, any costs incurred after January 1 , 1991 are <br /> subject to review by the State Water Board. <br /> t <br /> Section 25360 of the Health and Safety Code requires the Attorney General to ! <br /> recover monies expended from the Bond Account and Hazardous Substance Cleanup <br /> Fund. Therefore, collection of unpaid costs incurred prior to January 1, 1991 <br /> will be referred to the Attorney General for enforcement action. <br /> r. <br /> Your site was funded from the Hazardous Substance Bond Account and the <br /> Hazardous Substance Cleanup Fund. Therefore, because of this recent decision, <br /> the State Water Board will not hear your petition. As discussed above, any <br /> unpaid accounts will be referred to the Attorney General for collection. You <br /> will be notified by the Attorney General of further cost recovery action. <br /> For your information, for sites at which the Federal Petroleum Trust Fund was <br /> expended, the State Water Board has separate and independent authority apart <br /> from Section 25297.1 to recover oversight program costs from responsible <br /> parties and review related issues. Petitions for federally funded sites will <br /> continue to be heard by the State Water Board. i <br /> If you have any questions, please telephone Lori Casias at (916) 739-4344. <br /> Sincerely,/ y / <br /> JC ' �C, <br /> Sandra L. Malos, Chief <br /> Local Oversight Program <br />