SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

Islamic Center Of Stockton -5- 13 20M Claim No. 18513 On August 31, 2005, the Fund received the Islamic Center's claim application. Fund Staff rejected the claim by letter dated June 30, 2006, because the Islamic Center had not complied with permitting requirements, does not meet the applicable requirements for a permit waiver, and did not provide all documents previously requested to determine eligibility. Discussion A. Compliance 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. The Islamic Center acquired the site in 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.) The Islamic Center became subject to the permit requirement in H&SC Section 25284 when the applicable local agency, San Joaquin County, began issuing permits in 1988. The Islamic Center did not comply with the permit requirements until obtaining the April 31, 2004, UST removal permit. Therefore, the 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 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 for the underground storage tank, or when the applicable local agency began issuing permits pursuant to Section 25284, whichever occurs later. You contend that the Islamic Center was unaware of the UST, and to your knowledge, the School District did not disclose the existence of the UST nor did it decommission the UST. Additionally, you contend that the Islamic Center was not aware of the oil-firing of California E&vironm en lal Proleclion,5fgen cy �,�XecycledPnper