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1 are not associated with the UST, and (4) in any event, such <br /> 2 levels of contaminants are well below any level of concern. <br /> 3 Petitioner submits that the Health Department may not <br /> 4 legally enforce its unduly burdensome and discriminatory order <br /> 5 for further investigation and monitoring and, if the Health <br /> 6 Department's Order is enforced, Petitioner will be deprived of <br /> 7 the equal protection of the law applicable to underground fuel <br /> 8 storage tank removals, as such program is routinely applied <br /> 9 throughout California. <br /> 10 1. STANDARD OF REVIEW. <br /> 11 The power of the Health Department to issue the order to <br /> 12 Petitioner arises solely' by way of delegation to the Health <br /> 13 Department of regulatory authority over leaking underground fuel <br /> 14 storage tanks in its jurisdiction, pursuant to the State Water <br /> is Resources Control Board's local oversight program. Thus, the <br /> 16 order cannot be enforced, unless it is consistent with the rules <br /> 17 and regulations generally applicable to the program. <br /> 18 In reviewing the Order, this Board is bound to apply an <br /> 19 independent standard of review of the Health Department's agency <br /> 20 record and other available data to determine whether there is <br /> 21 substantial evidence that Petitioner's tank caused or contributed <br /> 22 to existing contamination. In thg Matter of the Petition of <br /> 23 Exxon Company U.S.A. SWRCB Order No. WQ 85-7 at p. 8 ; In the <br /> 24 Matter of the Petition of U.S. Cellulose and Louis J. and Shirley <br /> 25 D. Smith SWRCB Order No. WQ 92-04 at p. 3. Moreover, to defend <br /> 26 its order, the Health Department must show that the level of any <br /> 27 existing contamination at the sites warrants further <br /> 28 11 investigation. Where detected levels of contamination do not <br /> -5- H\VO4C\COLORSPT\APPEAL.PL4(5P2) <br />