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' 3 <br /> Mr. Joseph Newfield -2- SEP 1 O 1993 <br /> who is undertaking corrective action in compliance <br /> with waste discharge requirements or other orders <br /> issued pursuant to Division 7 (commencing with <br /> Section 25280) , may apply to the board for <br /> satisfaction of a claim filed pursuant to this <br /> article. " (Section 25299 . 54 (a) . ) <br /> "An owner or operator who violates Article 4 <br /> (commencing with Section 25299 . 36 ) is liable for any <br /> corrective action costs which result from the <br /> owner's or operator' s violation of Article 4 <br /> (commencing with Section 25299 . 36 ) and is ineligible <br /> to file a claim pursuant to this section. " <br /> (Section 25299 .54 (d) . ) <br /> "The local agency may issue an order to the owner, <br /> operator, or other responsible party requiring <br /> compliance with this section, including a time <br /> schedule or completion of specific actions . The <br /> board or a regional board may require compliance <br /> with this section as part of a cleanup and abatement <br /> order issued pursuant to Section 13304 of the Water <br /> Code. The owner, operator, or other responsible <br /> party shall conduct corrective action in accordance <br /> with any order issued by a local agency or cleanup <br /> and abatement order issued pursuant to this <br /> section. " (Section 25299 . 37 (c) . ) <br /> A review of your file indicates that you did not conduct <br /> corrective action in accordance with directives or orders issued <br /> by the County. This determination is based, in part, on the <br /> following facts. You submitted the initial tank removal soil <br /> analyses performed in September of 1987 to the County. <br /> Additional excavation was performed in October of 1987 . However, <br /> you did not submit a report of the soil analyses performed at <br /> that time. The County and the Regional Water Board agreed that <br /> monitoring wells were necessary and requested a proposal for <br /> ground water investigation . from you. You indicated that you <br /> would not install monitoring wells and you did not submit the <br /> proposal for ground water investigation. In September of 1989, <br /> you submitted a proposal for soil investigation and the site <br /> involved was placed in the County "pilot program" for oversight <br /> of underground storage tank investigation and clean-up <br /> activities . On November 28, 1989, a strong hydrocarbon odor was <br /> detected during the drilling of a bore hole. The drilling of <br /> bore holes, sampling for lab analyses, and writing of reports was <br /> halted on this date by your consultant because you indicated that <br /> you would not pay for any' further work. You have not provided <br /> any reports or taken any further corrective action at this site <br /> since November of 1989 . <br />