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State Vh ater Resources Contro'r$oard <br /> ` Division of Financial Assistance <br /> 1001 1 Street•Sacramento,Califomia 95814 <br /> P.O.Box 944212-Sacramento,California•94244-2120 <br /> Linda S.AdamsArnold Scbwarzenegger <br /> (916)341-5761 FAX(916)341-5806* www.waterboards.ca.gov/cwphome/ustcf <br /> Secrelaryfor Governor <br /> Environmental Proteclion <br /> FEB 132009 <br /> Mr. Bradford J. Dozier no <br /> Mr. <br /> Atherton and Dozier <br /> 305 North EI Dorado Street, Suite 301 FEB I g 2009 <br /> Stockton, CA 95202. <br /> ENviRaNNIr=iur,iEalrH <br /> Dear Mr. Dozier: PERMIT/SERVICES <br /> UNDERGROUND STORAGE TANK (UST) CLEANUP FUND (FUND), FUND <br /> MANAGER DECISION (FMD) FOR ELIGIBILITY DETERMINATION: <br /> CLAIM NO. 018513; FOR SITE ADDRESS: 1130 PILGRIM ST S, STOCKTON <br /> By letters dated July 26, 2006, and September 28, 2006, you requested a FMD on <br /> behalf of yourclient, the Islamic Center of Stockton (Islamic Center), claimant to the <br /> Fund for reconsideration of the Fund Staff Decision dated June 30, 2006. Fund Staff <br /> denied the claim because of non-compliance with the UST permitting requirements in <br /> Health and Safety Code (H&SC) Section 25299.57(d)(3)(A)' and the Islamic Center did <br /> not meet the requirements for a permit waiver in H&SC Section 25299.57(d)(3)(B). In <br /> addition, all documents to determine eligibility and requested in Fund Staffs previous <br /> correspondence were not received. <br /> Decision <br /> Following my review of your letter, supporting documents, and the Islamic Center's <br /> claim file for Claim No. 018513, 1 find that I must uphold the Staff Decision that the <br /> Islamic Center is ineligible for participation in the Fund for the following reasons. The <br /> Islamic Center did not comply with the UST permitting requirements pursuant to <br /> H&SC Section 25299.57(d)(4)(A) and does not meet the requirements for a permit <br /> waiver for claims to the Fund that were filed on or after January 1, 1994, and before <br /> January 1, 2008. In addition, the Islamic Center did not provide sufficient technical data <br /> needed to determine if there is an eligible release. <br /> Applicable Authority <br /> The sections cited are found in the Petroleum Underground Storage Tank Cleanup <br /> Fund Statutes, California Health and Safety Code (H&SC), Division 20, Chapter 6.75. <br /> ' Effective January 1, 2008, H&SC Section 25299.57(d)(4)(A) clarified the permit requirement <br /> previously located in H&SC Section 25299.57(d)(3)(A). <br /> Calfornia Bn vrrorrm enlalPro�ection,4ge�rcy <br /> �� Recyc%d Paper <br />