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Sol, OCT 2 7 2009 t Islamic Center of Stockton 5 Claim No. 18513 Islamic Center did not take any action to locate and properly remove or close the UST until March 26, 2004. On March 26, 2004, Islamic Center's contractor, Advanced GeoEnvironmental, Inc. located a heating oil UST. The UST was removed by permit on or about May 7, 2004. The Fund received Islamic Center's claim application on August 31, 2005. Fund Staff rejected the claim by letter dated June 30, 2006, because Islamic Center did not provide documentation requested by Fund Staff. In a letter dated February 13, 2009, the Fund Manager determined that Islamic Center's Claim No_ 18513 is not eligible for reimbursement from the Fund, because Islamic Center did not comply with permitting requirements and there was not sufficient technical data needed to determine if there is an eligible release. Discussion The Fund's Technical Staff reviewed the information submitted with the application, the supplemental information provided as a result of Fund requests and available information located on Geotracker. Based on Fund Staff's evaluation of the analytical data, I have determined that there has been an eligible UST release. A. ComAliance_With Permit Requirements Pursuant to H&SC Section 25299.57(d)(4)(A), in order to be eligible to file a claim with the Fund, the claimant must show that: ...the claimant has complied with the permit requirements of Chapter 6.7 (commencing with Section 25280). A claimant shall obtain a permit required by subdivision (a) of Section 25284 for the underground storage tank that is the subject of the claim when the claimant becomes subject to subdivision (a) of Section 25284 or when the applicable local agency begins issuing permits pursuant to subdivision (a) of Section 25284, whichever occurs later. Islamic Center purchased the property in January 1979. The requirement for a UST owner to obtain a permit to own or operate a UST was adopted in the law effective January 1, 1984. (See H&SC Section 25284.) Islamic Center became.subject to the permit requirement in H&SC Section 25284 when the applicable local agency, the SJEHD began issuing permits in 1988. Islamic Center did not comply with the permit requirements until obtaining a removal permit on April 31, 2004. Therefore, Islamic Center does not meet the requirement in H&SC Section 25299.57(d)(4)(A). If a claimant acquires real property on which a UST is situated and, despite the exercise of reasonable diligence, was unaware of the existence of the UST when the real California Elivironmenlalf oteclion,4gency ID :,C11Pecycledl'nper