SITE INFORMATION AND CORRESPONDENCE

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THE KIRK LAW FIRM Ms. Lori Casias Associate Government Program Analyst State of California Water Resources Control Board Division of Clean Water Programs June 3, 1999 Page 7 (6) State Board Action Re nested by Petitioner The State Board is requested to issue an order directing PHS/EHD to stay any further action in connection with the Site until after the State Board renders a decision on the petition for closure that is currently before it. (7) Statement of Legal Points and Authorities The statute authorizing the development and implementation of a local oversight program contains a provision providing for State Board review of local agency or regional board action or failure to act in its capacity as overseer of underground storage tank leaks under the program. Health and Safety Code section 25297.1(h) provides that "ja]ny aggrieved person may petition the board or regional board for review of the action or failure to act of a local agency, which enters into an agreement pursuant to subdivision (b), at a sight subject to cleanup, abatement, or other action conducted as part of the local oversight program established pursuant to this section, in accordance with the procedures adopted by the board or regional board pursuant to subdivision (d)." The State Board adopted such procedures in Board Resolution 88-23, Exhibit P, in accordance with which this petition is being submitted. The existence of different standards among the scores of state and local agencies that direct and oversee the cleanup of underground storage tank leaks has been the biggest complaint of those required to perform such cleanups. In an effort to remedy this problem, SB 562 was signed in 1996 authorizing a party responsible for a tank cleanup to appeal to the State Board if the party believes that the regional board or other local agency has refused to close a site. [Health and Safety Code section 25299.39.2(b).] It is under this provision that Unocal's petition for closure was submitted to the State Board on June 13, 1997. Because it is unclear whether the State Board is authorized to stay local agency action under SB 562, and because Unocal, as an aggrieved person, will face irreparable harm if PHS/EHD's May 4, 1999 directive is not stayed pending the State Board's decision on its SB 562 petition for closure, Unocal is asking the State Board to review and stay PHS/EHD's May 4, 4 1999 action under Health and Safety Code section 25297.1(h).