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State -y'gter Resources ControlHoard <br /> Division of Financial Assistance KpPw <br /> Linda S.Adams 1001 I Street P Sacramento,California 95814 <br /> P.O.Box 944212•Sacramento,California P 94244-2120 Arnold Schwarzenegger <br /> Secretary for <br /> Environmental Protection (916)341.5684♦FAX(916)341-5806 ♦ www.waterboards,ca.gov/water_issues/programs/ustcf/ Governor <br /> n <br /> AUG 1 1 2008 <br /> Mr. Terry Tarditi 200$ <br /> T & T Trucking, Inc. AUG 13 <br /> 11396 HWY 99 N ENVIRONhIENT HEALTh <br /> Lodi, CA 95240 PERMIT/SERVICES <br /> Dear Mr. Tarditi: <br /> UNDERGROUND STORAGE TANK (UST) CLEANUP FUND (FUND); FUND <br /> MANAGER DECISION (FMD) FOR RECONSIDERATION OF INELIGIBLE COSTS: <br /> CLAIM NO. 10934; FOR SITE ADDRESS: 11396 HWY 99 N, LODI, CA <br /> By a letter dated March 30, 2007, your consultant, Ms. Tina Bauer of Brown and <br /> Caldwell (BAC), requested an FMD on your behalf for reconsideration of costs <br /> associated with Reimbursement Request (RR) No. 8 that were determined to be <br /> ineligible by Fund Staff. Specifically, BAC requested reimbursement for an Associate <br /> Project Costs (APC) surcharge that was added on top of their hourly billing rates to <br /> cover ancillary project costs. <br /> Decision <br /> After review of the BAC letter, the claim files, and other supporting documents, I find <br /> that I must support the Fund Staff Decision that the all APC costs remain ineligible for <br /> reimbursement from the Fund. The basis for my decision is summarized below. <br /> Applicable Authority <br /> The Fund's authority to reimburse claimants is subject to a number of conditions <br /> specified in Chapter 6.75 of the California Health and Safety Code (H&SC) and the <br /> Petroleum Underground Storage Tank Cleanup Fund Regulations, Title 23, Division 3, <br /> Chapter 18 of the California Code of Regulations (Fund Regulations). <br /> Under Sections 2812.2(a) and 2811(a)(5) of the Fund Regulations, there are the <br /> conditions that the costs are for reasonable and necessary corrective action work that is <br /> directed by the lead oversight agency and performed in accordance with <br /> Title 23, Division 3, Chapter 16, Article 11, Corrective Action Requirements, of the <br /> California Code of Regulations (Corrective Action Regulations). <br /> Discussion <br /> It is the Fund's position that typical hourly labor billing rates for engineering consultants <br /> include, but are not limited to, actual salary, benefits, taxes, overhead, profit and <br /> ancillary charges such as phone, copies, faxes, office supplies, computer hardware and <br /> Californi7-5hvironm entalPraleet`anAgency <br /> Pia llecyclerlPaper <br />