Laserfiche WebLink
State Nk ter Resources Controltoard <br /> Division of Financial Assistance <br /> Linda S.Adams 1041 I Street-Sacramento,California 95814 <br /> P.O.Box 944212•Sacramento,California•44244-2120 Arnold Schwarzenegger <br /> Secretaryfor (916)341-7361 FAX(916)341-5806 • www.waterboards.ca.goWwater issues/programs/ustcf/ GD"er'jor <br /> Environmental Protection <br /> OCT 2 7 2009 <br /> CERTIFIED MAIL: 7003 1680 0000 61671815 <br /> Return Receipt Requested <br /> RECEIVED <br /> Mr. Bradford J. Dozier <br /> Atherton & Dozier <br /> Wells Fargo Bank Building OCT 2 8 2009 <br /> 305 North El Dorado Street, Suite 301 <br /> Stockton, CA 95202 ENVIRONMENTAL HEALTH <br /> DEPARTMENT <br /> Dear Mr. Dozier: <br /> UNDERGROUND STORAGE TANK (UST) CLEANUP FUND (FUND), FINAL DIVISION <br /> DECISION (FDD); CLAIM NO. 18513; FOR SITE ADDRESS: 1130 SOUTH PILGRIM, <br /> STOCKTON, CA <br /> By a letter dated April 14, 2009, you requested an FDD on behalf of your client, Islamic <br /> Center of Stockton (Islamic Center), claimant to the Fund, for reconsideration of the <br /> Fund Manager Decision (FMD) dated February 13, 2009. The Fund Manager denied <br /> Islamic Center's claim because of noncompliance with the UST }permitting requirements <br /> in the Petroleum Underground Storage Tank Cleanup Fund Statutes, California Health <br /> and Safety Code (H&SC) Section 25299.57(d)(4)(A) because requirements for a permit <br /> waiver for claims to the Fund that were fled on or after January 1, 1994, and before <br /> January 1, 2008 have not been met. In addition, the FMD determined that the Islamic <br /> Center did not provide sufficient technical data needed to determine if there is an <br /> eligible UST release. <br /> Decision <br /> Following my review of your letter and the supporting documents in Islamic Center's <br /> claim file, I find that there is an eligible UST release. However, I find that the claim <br /> remains ineligible for participation in the Fund because Islamic Center did not comply <br /> with the UST permitting requirements and does not meet the requirements for a permit <br /> waiver for claims to the Fund that were filed on or after January 1, 1994, and before <br /> January 1, 2008. <br /> Also, since Islamic Centers Claim No. 18513 is not eligible for the reasons discussed in <br /> this decision, it is not necessary to review the $183,067.80 in third-party costs that <br /> Islamic Center has requested for costs incurred by the San Joaquin County <br /> Environmental Health Department (SJEHD). The basis for my decision is summarized <br /> below. <br /> CalifornaaEli vironmenlalProleclionflgerrcy <br /> Za ReeycledPap, <br />