SITE INFORMATION AND CORRESPONDENCE

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aNamen -2- (i) The claimant was unaware of the permit requirement, and upon becoming aware of the permit requirement, the claimant complies with either subdivision (a) of Section 25284 or Section 25298 and the regulations adopted to implement those sections within a reasonable period, not to exceed one year, from when the claimant became aware of the permit requirement. Background and Discussion Your claim was accepted on October 22, 2008, based on the assertion that you were unaware of the UST that was located under the sidewalk in front of this site. You submitted a copy of the 'Notice to Abate" from San Joaquin County (County) dated October 19, 2007, wherein the County notified you of the tank's existence and directed you to remove it or properly close it in place. You obtained a removal permit on December 24, 2007, and the tank was removed on January 18, 2008. The Underground Storage Tank Removal Report dated February 11, 2008, stated, "the UST was discovered by underground utility workers while installing a new fiber-optic cable in the area. No surface indications were visible." Fund staff conducted a compliance review of the County's regulatory files on February 24, 2009, which revealed additional information. A County complaint inspection on March 12, 2001, revealed two visible fill tubes in sidewalk on Hunter Street. Additionally, County staff hand delivered a memo concerning permitting requirements to remove the tank. The memo was delivered to Cancun Restaurant, the City of Stockton, and St. John's Episcopal Church on March 19, 2001. County staff received a phone call the same day from Kim Smith, attorney for the church, and stated he was sending a letter concerning the tanks. They discussed possible remedies to quickly remove the tanks under permit. Our review also revealed photos of the visible fill tubes. P l,ia4a tl.7te-d t i ; i dpi' Based on the above facts, you do not meet the requirements of Section 25299.57 (d)(4)(b) because you did not permit or remove the tank within one year of when you should have been aware of the tank, March 19, 2001. Additionally you do not meet the requirements of the permit waiver criteria of Section 25299.57 (d)(4)(c) because you did not permit or remove the tank within one year of being aware of the permitting requirements. If you disagree with this Staff Decision, you may appeal to the Fund Manager pursuant to Section 2814 of the Petroleum.Underground Storage Tank Cleanup Fund Regulations. If you would like review of the decision by the Fund Manager, please submit your request along with any additional documentation to: California Environmental Protection Agency ;,a Recyc%d Pepe