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FES Islamic Center Of Stockton 76- Claim No. 18513 the boiler because the School District at some unknown period of time converted the boiler to be a natural gas-fired boiler. Although the Islamic Center was notified by SJEHD in their letter of August 30, 2001, of the probability of a UST.being located at their site, and was instructed to investigate for a possible UST or improperly abandoned or decommissioned tank, the Islamic Center did not begin investigation for nearly three years. A decommissioned tank is one that cannot have inputs or withdrawals, for one or more of the following reasons: (1) it has been filled with an inert solid; (2) its fill pipes have been sealed, or; (3) its piping has been removed. A tank that was not used on or lafter January 1, 1984, but could be used in the future, meets the definition of an existing UST and is subject either to the operating or closure requirements of the H&SC. The aboveground evidence at this site (i.e., vent pipe, fill pipe) indicated the probability of the UST's existence long before it was discovered on March 26, 2004. In addition to SJEHD's notification of the probability of a UST located .on the Islamic Center's site, the presence of an unsealed fill pipe on the'property and a vent pipe on the building should have put the Islamic Center on notice that there was a UST. The Islamic Center was made aware of the possibility of USTs during the spill/leak that occurred in July of 2001. and was instructed by SJEHD to investigate for possible 'USTs in August of 2001, but did. not investigate until March 26, 2004, and did not permit the UST until obtaining the removal permit dated April 31, 2004. Because the Islamic .� Center did not exercise reasonable diligence when acquiring the site and should have been aware of the existence of the UST, the Islamic Center does not meet the requirements of H&SC Section 25299.57(d)(4)(B). Therefore, the Islamic Center must meet the requirements for a permit waiver in order to be eligible for the Fund. 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 the claim, 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 non-compliance 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 non-compliance after January 1, 1990. The Islamic Center did not comply with the permit requirements until they acquired the removal permit dated April 31, 2004. Therefore, a permit waiver under H&SC Section 25299.57(d)(3)(B) cannot be used to excuse permit non- • Califorrria�'rrvironmenlalProlecliorr�Igerrcy " P.aRec}cledPaper