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OCT 2 2009 Islamic Center of Stockton 6 . Claim No. 18513 property was acquired, the claimant may be eligible to file a claim with the Fund pursuant to H&SC Section 25299.57(d)(4)(B), if the claimant: . ... has obtained a permit required by subdivision (a) of Section 25284 for the underground storage tank that is the subject of the claim within a reasonable period, not to exceed one year, from when the claimant should have-become aware of the existence of the underground storage tank, or when the applicable local agency began issuing permits pursuant to Section 25284, whichever occurs later. You contend that Islamic Center had no knowledge of the USTs existence before the- release occurred. The SJEHD notified Islamic Center by letter dated August 3, 2001, that during an emergency response call a fuel pipe and vent pipe were located and existed on the property indicating that a UST had existed or presently exists on the site. The SJEHD directed Islamic Center to investigate and determine if the UST exists at the site. Therefore, at the latest, Islamic Center had knowledge of the potential UST upon receiving the August 3, 2001, letter from the SJEHD. Islamic Center did not take any action to investigate and determine if a UST existed at the site until March 2004. After locating the UST on March 26, 2004, Islamic Center obtained a removal permit on April 31, 2004. Therefore, because Islamic Center did—not— obtain ot—obtain a removal permit until over two and a half years after being notified of the possible UST by the SJEHD, Islamic Center does not meet the requirements of H&SC Section 25299.57(d)(4)(B).2 B. Compliance With Permit Waiver Requirements Pursuant to H&SC.Section 25299.57(d)(4)(E), I must apply the applicable statutes or regulations in effect on the date of the filing of Claim No. 18513, August 31, 2005, to determine whether the Islamic Center is eligible for a permit waiver. The Islamic Center had to meet the requirements of H&SC Section 25299.57(d)(3)(B), as effective on August 31, 2005, and as interpreted by the Kelsoe Order in order to obtain a permit waiver. A permit waiver under H&SC Section 25299.57(d)(3)(B) may be used to excuse permit noncompliance-for permits required before January 1, 1990. With the exception of claimants who meet the Kelsoe fact pattern, a permit waiver under H&SC Section 25299.57(d)(3)(B) cannot be used to excuse permit noncompliance after Z You assert that the awareness that there may be a UST on the property in 2001 does not matter because the delay in removing the UST did not affect the release for which the costs are claimed. The timing of the release is not a factor in determining whether a claimant meets the requirements in H&SC Section 25299.57(d)(4)(A)or(d)(4)(B). California EnvironmerrtalProlecli�w flgency ro P.a RecyrJedPaper