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Islamic Center of Stockton 2 OCT 2 7 2009 <br /> Claim No. 18513 <br /> Applicable Authority <br /> The following sections are excerpted from the H&SC, Division 20, Chapter 6.75. <br /> Fund eligibility is limited to UST owners and operators who meet specific statutory <br /> requirements. (H&SC Sections 25299.54, 25299.20, 25299.21; see also <br /> Sections 25299.57, 25299.58.) <br /> Effective January 1, 2008, H&SC Section 25299.57(d)(4) reads, in part:' <br /> (A) Except as provided in subparagraphs (B) and (C), the claimant has complied <br /> with the permit requirements of Chapter 6.7 (commencing with Section 25280). <br /> A claimant shall obtain a permit required by subdivision (a) of Section 25284 for <br /> the underground storage tank that is the subject of the claim when the claimant <br /> becomes subject to subdivision (a) of Section 25284 or when the applicable local <br /> agency begins issuing permits pursuant to subdivision (a) of Section 25284, <br /> whichever occurs later.... <br /> (B)A claimant who acquires real property on which an underground storage tank <br /> is situated and, despite the exercise of reasonable diligence, was unaware of the <br /> existence of the underground storage tank when the real property was acquired, <br /> has obtained a permit required by subdivision (a) of Section 25284 for the <br /> underground storage tank that is the subject of the claim within a reasonable <br /> period, not to exceed one year, from when the claimant should have become <br /> aware of the existence of the underground storage tank, or when the applicable <br /> local agency began issuing permits pursuant to Section-25284, whichever occurs <br /> later. <br /> (C) All claimants who file their claim on or after January 1, 2008, and who do not <br /> obtain a permit required by subdivision (a) of Section 25284 in accordance with <br /> subparagraph (A) or (B) may seek a waiver of the requirement to obtain a <br /> permit.... <br /> (E) All claimants who file a claim before January 1, 2008, and who are not <br /> eligible for a waiver of the permit requirements pursuant to applicable statutes or <br /> regulations in effect on the date of the filing of the claim may resubmit a new <br /> claim pursuant to subparagraph (C) on or after January 1, 2008.... <br /> Islamic Center filed Claim No. 18513 before January 1, 2008. Therefore, pursuant to <br /> H&SC Section 25299.57(d)(4)(E), the applicable statutes or regulations in effect on the <br /> ' H&SC Section 25299.57(d)(4)(B), effective January 1, 2008, codifies the Fund's interpretation of <br /> H&SC Section 25299.57(d)(3)(A)as it existed before January 1, 2008. <br /> Calrfornia�'nviranmenlalPro�ectron flgency <br /> �.a XecycledPaper <br />