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re DURHIM SALEH ALI Page 2 `(i) The claimant was unaware of the permit requirement prior to January 1, 1990, and there was no intent to avoid the permit requirement or the fees associate with the permit;" In the instant case,Mr. Nagi Ali was notified by SJCEHD to permit his tanks and pay the associated fees prior to January 1, 1990. Therefore, if he were to file a claim to the Fund, it would be rejected and the Board would not grant a permit waiver because he was out of compliance with permit requirements. Since you purchased the property from an ineligible party,your claim to the Fund is considered ineligible. Section 2810.1(b)(2) of the Petroleum Underground Storage Tank Cleanup Fund Regulations provides: "Purchasers of real property or persons who otherwise acquire real property, on which an underground storage tank is situated may not file a claim against the Fund if: `(2) Any party from whom the real property was acquired would not have been eligible for reimbursement from the Fund." If you disagree with this Staff Decision,you may either request review and reconsideration by the Program Manager or you may formally appeal the decision and request a Division Decision from the Chief of the Division. A request for reconsideration along with any additional documentation should be sent to: Dave Deaner, Program Manager, Claim#12107 UST Cleanup Fund Program State Water Resources Control Board Division of Clean Water Programs P. O. Box 944212 Sacramento, CA 94244-2120 A request to the Chief of the Division must include, at a minimum: (1) a statement describing how the claimant is damaged by the prior Staff Decision; (2) a description of the remedy or outcome desired; and (3) an explanation of why the claimant believes the action or the Staff Decision is erroneous, inappropriate or improper. The request to the Chief of the Division must be sent to Harry M. Schueller, Chief, Division of Clean Water Programs, at the address listed above. Our mission is to preserve and enhance the quality of California's water resources,and Recycled Paper ensure their proper allocation and efficient use for the benefit of present and future generations.