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O: <br /> HEALTH SER ICESPUBLi <br /> 5AN JOAQUIN COUNTY �- a <br /> JOGI KHANNA M.D..M.P.H. <br /> Health Officer • c4 �`P <br /> P.O. Box 2009 (1601 East Hazelton Avenue) • Stockton, <br /> Caifornia 95201 i K o i <br /> (209)468-3400 <br /> :I <br /> MARGARET EKHOLM 1g�� <br /> 1211 AVENUE G APR 2 <br /> STERLING IL 61081 <br /> RE: Ekholm Property SWRCB UST CLEANUP FUND PROGRAM CLAIMANT #: 004219 <br /> 1702 Jackson <br /> Escalon, CA <br /> San Joaquin County Public Health Services, Environmental Health Division (PHS/EHD) has not issued <br /> the above listed site a permit although the site has been in compliance with requirements to own or <br /> operate the tank(s). q <br /> Section 2712 (d) of the 1985 Underground Tank regulations (California Administrative Code, Title 23, <br /> Chapter 3, Subchapter 16) stated that "the local agency shall not issue a permit to operate an <br /> underground storage tank" until the local agency had inspected the facility and determined that the <br /> tank(s) complied with the regulations., Our interpretation of the statute implied that undergroundlI <br /> storage tank sites lacking a local agency site inspection or sites with soil or groundwater contamination <br /> could not be issued operating permits until the following was achieved: 1) a site inspection evaluation; <br /> 2) verification of appropriate monitoring method; 3) adequate and appropriate inventory reconciliation <br /> records; and/or 4) complete investigation and cleanup of the contaminated site. IE <br /> Due to this interpretation of the law, this site, as well as many others, was not issued a permit. I' <br /> However, it is our determination that this facility was operating in compliance with the regulations and <br /> should be considered for state funding. <br /> With the addition of Sections 2653 and 2654 to the 1991 Underground Storage Tank Regulations, <br /> PHS/EHD has the authority to require investigation and cleanup of contaminated sites, therefore, permits <br /> will no longer be withheld. �! <br /> If you have any questions please contact Linda Turkatte, REHS, of my staff at (209) 468-0339. <br /> iE <br /> Jogi IChanna, M.D., M.P.H. <br /> Health Officer <br /> Donna Heran, REHS, Program Manager <br /> Environmental Health Division <br /> DH/LT:lb _ <br /> r <br /> oa uitt C.oultt+?Health C1tc yctviccs P�� <br /> xy. <br />