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OCT 2 7 2009 .Islamic Center of Stockton 4 Claim No. 18513., court decision and remanded'the matter for the limited purpose of determining whether Mr. Kelsoe satisfies the.requirements for a permit waiver. Following the modification of the Court of Appeal decision on August 17, 2007, the. Superior Court directed the State Water Board to vacate its Kelsoe Orderfor the limited purpose of determining whether Mr. Kelsoe satisfies the requirements for a permit waiver. The Superior Court directed that this determination be made in a manner consistent with the holding of the Court of Appeal. In all other respects, the Superior Court denied Mr. Kelsoe's petition for writ of mandate. Consistent with the July 20, 2007, Court of Appeal decision, as modified on i August 17, 2007, the State Water Board issued State Water Board Order WQ 2007-0011 EXEC in December 2007 (In the Matter of the Petition of Murray Kelsoe ' WQ 2007-0011 EXEC), partially amending the Kelsoe Order. Background i Islamic Center purchased the property at auction from the Stockton Unified School District on January 10, 1979. There were no disclosures included with the terms for the sale of the site. The former Luther Burbank School located at this site had a heating oil tank that was used for firing two large abandoned Boilers located-in thb"basement`o the"`-` building. These boilers were used to heat water and produce steam to heat the former school. A supply pipe was located near the street, which ran to the heating oil tank. lslamic Center contends they never used the UST or knew of its existence. On July 25, 2001, there was an Emergency Response from the City of Stockton due to an oil spill/leak at the Islamic Center's site. The SJEHD determined that the oil appeared to be from or near a fill pipe or clean out in front of Islamic Center. Based on the age of Islamic Center, a former'school site, the SJEHD believed that as a result of an unknown driver running over a fire hydrant, water had entered an unsealed fill pipe located on site, which led to an abandoned heating oil UST. Water entering the fill pipe f the round and into the Ci o f allowed heatingoil to flow up and out onto the surface o ground h+ Stockton's storm drain system and the Mormon Slough., In a letter dated August 3, 2001, the SJEHD notified Islamic Center of the.possibility of a UST at their site. The letter reads in part ".-..a fill pipe exists on the property...a vent pipe exists on the building...pipe had overflowed fuel to the ground." The SJEHD's letter also reads in part "...You are required at this time to investigate to determine if an underground tank exists at the site...If a tank is located, permitting is required from the EHD for proper closure of improperly abandoned tanks." With that letter, the SJEHD also provided the Islamic Center with a list of UST removal contractors who could help them locate and determine the condition of any tanks on the property. California�nYirorrmenlalProteclron agency � �.t1,YecycledPaper