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' OCT 2 7 2009 Islamic Center of Stockton 7 Claim No. 18513 January 1, 1990. Islamic Center did not comply with the permit requirements until it obtained a removal permit on April 31, 2004. Therefore, a permit waiver under H&SC Section 25299.57(d)(3)(B) cannot be used to excuse permit noncompliance after January 1, 1990, unless Islamic Center's situation meets the Kelsoe fact pattern (i.e., claimants whose violations began before 1990 and continued beyond January 1, 1990, but who later paid thousands of dollars into the Fund over a period of substantial compliance). In your Request for an FDD, you state the Kelsoe decision applies only in a narrow set of circumstances that are not applicable to this case. You correctly state that Islamic Center did not pay any money into the Fund. Therefore, Islamic Center is not eligible for a permit waiver. Summary As explained above, under the new statutes effective January 1, 2008, Islamic Center did not comply with the UST permitting requirements pursuant to H&SC Section 25299.57(d)(4)(A. Additionally, because Islamic Center did not 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 the H&SC Section 25299.57(d)(4)(B). Therefore, Islamic Center must meet the_requirements'for-a`� permit waiver in order to be eligible for the Fund. Islamic Center did not obtain a permit until it obtained a removal permit-on April 31, 2004. A permit waiver under H&SC Section 25299.57(d)(3)(B) cannot be used to excuse permit noncompliance after January 1, 1990, unless the situation meets the Kelsoe fact pattern.- Unlike Mr. Kelsoe, Islamic Center did not pay money into.the Fund. Therefore, the Islamic-Center's situation is not similar to Mr. Kelsoe's. Islamic Center is not eligible to be considered for a permit waiver for post January 1, 1990, permit non- compliance under H&SC Section 25299.57(d)(3)(B) and the Kelsoe Order and Claim No. 18513 is not eligible for the Fund. Effective January 1, 2008, the requirements for a permit waiver were amended by Chapter 282, Statutes 2007. The new requirements for a permit waiver are applicable only for claims submitted to the Fund on or after January 1, 2008. Based on the facts in this application, PP it appears Islamic Center would not be eligible under the amended permit waiver. However, I have enclosed the current H&SC Section 25299.57(d)(4)(C) permit waiver form for your review. Please review the information on the enclosed II` ' situation meets the new permit permit waiver form and if you think that Islamic Center's s waiver requirements under H&SC Section 25299.57(d)(4)(C) Islamic Center may re- apply and the Fund will issue a formal decision. The new application is located at http•Uwww.waterboards.ca.gov/water issues/programs/ustcf/docs/claim application for ms/claimapp fellable. df. California EvviranmentalProteciion,agency ��iPecycledPaper k