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i <br /> Islamic Center 4f Stockton -2- <br /> Claim No. 18513 <br /> FEB I ci)tl9 <br /> Effective January 1, 2008, H&SC Section 25299.57(d)(4) reads, in part:2 <br /> (A) Except as provided in subparagraphs (B) and (C), the claimant has complied <br /> with the permit requirements of Chapter 6.7 (commencing with Section 25280). <br /> A claimant shall obtain a permit required by subdivision (a) of Section 25284 for <br /> the underground storage tank that is the subject of the claim when the claimant <br /> becomes subject to subdivision (a) of Section 25284 or when the applicable local <br /> agency begins issuing permits pursuant to subdivision (a) of Section 25284, <br /> whichever occurs later. <br /> (B) A claimant who acquires real property on which an underground storage tank <br /> is situated and, despite the exercise of reasonable diligence, was unaware of the <br /> existence of the underground storage tank when the real property was acquired, <br /> has obtained a permit required by subdivision (a) of Section 25284 for the <br /> underground storage tank that is the subject of the claim within a reasonable <br /> period, not to exceed one year, from when the claimant should have become <br /> aware of the existence of the underground storage tank, or when the applicable <br /> local agency began issuing permits pursuant to Section 25284, whichever occurs <br /> later. <br /> (C) All claimants who file their claim on or after January 1, 2008, and who do not <br /> obtain a permit required by subdivision (a) of Section 25284 in accordance with <br /> subparagraph (A) or (B) may seek a waiver of the requirement to obtain a <br /> permit.... <br /> (E) All claimants who file a claim before January 1, 2008, and who are not <br /> eligible for a waiver of the permit requirements pursuant to applicable statutes or <br /> regulations in effect on the date of the fling of the claim may resubmit a new <br /> claim pursuant to subparagraph (C) on or after January 1, 2008.... <br /> The Islamic Center filed Claim No. 018513 before January 1, 2008. Therefore, pursuant <br /> to H&SC Section 25299.57(d)(4)(E), the applicable statutes or regulations in effect on <br /> the date of the filing of the claim, August 3, 2005, must be applied to determine whether <br /> the Islamic Center is eligible for a permit waiver. <br /> At the time that the Islamic Center filed their claim, August 31, 2005, H&SC Section <br /> 25299.57(d)(3)(B) read, in part: <br /> All claimants who file their claim on or after January 1, 1994, and all claimants <br /> who filed'their claim prior to that date but are not eligible for a waiver of the <br /> 2 H&SC Section 2529.9.57(d)(4)(B), effective January 1, 2008, codifies the Fund's interpretation <br /> of H&SC Section 25299.57(d)(3)(A) as it existed before January 1, 2008. <br /> California�'n vironmenlalProleclion s(gency <br /> 4r,�RecycledPaper <br />