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March 2, 1993 *-' Mr. Harry M. Schueller Chief of State Water Resources Control Board P.O. Box 944212 Sacramento, CA 94244-2120 RE: UST Cleanup Fund Program (Claim #557) Dear Mr. Schueller: A substantial amount of background material has been enclosed for your review. We believe this demonstrates an honest and diligent attempt to comply with all requirements of the program. As explained in exhibit "Y" "we have made substantial out--of- pocket expenses in an attempt to deal with the contamination problem; however, we are simply unable to assume the additional. proposed costs which have lead to our being in violation of the permit requirement because frankly we do not have the cleans to pay for such permits or the removal of the UST' s . As you can see in the documentation we have been trying to come up with financing to pay for the removal of the tanks by means of securing a loan through the Department of Commerce since December 1991 (exhibit "H" ) . This route, however, has prover, to be an arduous affair because I believe DOC has intentionally imposed a series of delays in an attempt to deny our loan oil the basis that itidoes not want to lend--funds - on facilities which have environmental problems even though-our situation is a concrete example of the purpose of the DOC loan program. Thus , because of the Department of Commerce ' s inability to decide whether to lend funds on the site we have become ineligible for the UST Cleanup Fund, and risk the possibility of civil and criiu- inal action by the San Joaquin District Attorney ' s Office . In addition, I wish to focus your attention to Exhibit "'T° which is a personal reflection of the hearing between S .:l . County Environmental Public Health and myself. I believe this hearing played an important part in your decision of ineligibility, and I want to set the record straight with what actually tra►►spired. In closing, I want to reiterate my intention to solve the envir- onmental problem at the site. However, without the loan frou► the DOC I have no other means to come into compliance . and there- fore have no other choice but to abandon the site. I would very much like to meet with you to voice my concerns and gain your advice on this situation. I will wait for your response before acting on ,any alternative. Very truly yours, Russell F. Chapin Sr. Chapin Brothers Inc .