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Mr. Joseph Newfield -3- SEP 10 1993 <br /> You have indicated that you did not continue with site assessment <br /> and corrective action because you did not feel responsible for <br /> cleaning up the site and because you did not have the financial <br /> resources to continue. <br /> Although you did not operate the tanks involved and do not feel <br /> responsible for cleanup, you are a legally responsible party as <br /> defined in the Underground Storage Tank Regulations . These <br /> Regulations are contained in Chapter 16, Division 3, Title 23 of <br /> the California Code of Regulations, and became effective on <br /> December 2, 1991 . Section 2720( 3 ) and (4 ) of the Regulations <br /> defines a responsible party as one or more of the following: <br /> " ( 3 ) _ Any owner of_, property;..where an unauthorized <br /> _release of hazardous substance from an underground <br /> storage tank has occurred; and <br /> " (4 ) Any person who had or has control over a <br /> underground storage tank at the time of or following <br /> an unauthorized release of a hazardous substance. " <br /> You owned the tanks associated with the unauthorized release from <br /> 1979 until 1987 . Even though you did not actually operate the <br /> tanks involved, the County was correct in issuing cleanup orders <br /> and directives to you pursuant to Section 25299 . 37 (c) of the <br /> Health and Safety Code because you were, and remain, a <br /> responsible party under the pertinent Regulations . <br /> You have also indicated that you were not able to comply with <br /> corrective action orders and directives because you could not <br /> afford the excessive clean-up costs . Local agencies are not <br /> unmindful of the costs involved with remediation and are <br /> sympathetic to the financial constraints imposed on responsible <br /> parties . Local agencies seem to be willing to extend deadlines <br /> to allow responsible parties the opportunity to obtain funding <br /> for remediation. Your file indicates that the County has in fact <br /> extended deadlines for you and that you have taken no action on <br /> this site since November of 1989 . Furthermore, nothing in your <br /> file indicates that you have attempted to obtain any type of <br /> financing necessary to comply with the County' s directives . <br /> Since you did not comply with corrective action directives issued <br /> by the County, your claim against the Cleanup Fund is ineligible . <br /> Accordingly, the State Water Board has declined to review the <br /> petition on the grounds that the petition does not raise <br /> substantial issues which are appropriate for or which require the <br /> State Water Board' s review. (See California Code of Regulations, <br /> Title 23, Division 3, ' Chapter 18, Section 2814 . 3(a) ( 1 ) . ) 'Your <br /> petition is therefore dismissed. This dismissal constitutes <br />