SITE INFORMATION AND CORRESPONDENCE_FILE 1

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Ms. Donna Heran - 2- OCT 2 0 1997 compliance will be a factor considered. Fund staff will consult with the regulatory agencies in making this decision. The SWRCB has the ultimate responsibility to determine whether claimants are in compliance with Fund requirements. Once the claim is resubmitted, staff has sixty(60) days to accept, deny, or request additional information on the claim. Because of the City of Lodi's interest in the site, we will try and expedite our staff decision. If the claimant does not agree with the staff decision, he can appeal the decision to the Chief of the Division of Clean Water Programs, and if he disagrees with that decision, he can petition the SWRCB. The property owner went through this process on the previous claim. The property owner can request a new claim application by calling(800) 813- 3863. Material submitted in the original application can be referenced in the new application. Any costs incurred by the claimant associated with his prior non- compliance, and prior to the SWRVB's September 10, 1993, dismissal of his petition will not be considered for reimbursement under a new claim. 2. Would a purchaser of the property or the City of Lodi be eligible to file a claim? No. The Fund is not available to all parties responsible for cleanup of sites which have been contaminated by unauthorized releases of petroleum. To be eligible to file a claim with the Fund, the claimant must be a current or past owner or operator of the underground storage tank from which the unauthorized release of petroleum has occurred, and be required to undertake corrective action by the regulatory agency. Other eligibility requirements include compliance with applicable UST permitting requirements and regulatory agency cleanup orders. Any purchaser of the site would never have been the owner of the tanks and thus is not eligible to file a claim. 3. Can the current owner of the site sell the property and assign any claim eligibility to the purchaser? No. The current property owner can sell the site without impacting his claim to the Fund so long as the seller continues to be liable for the costs of the cleanup and pays for the costs of cleanup. However, the current property owner cannot assign claim eligibility to the purchaser. If the property is sold with the buyer assuming liability for the cleanup, the seller nor the buyer will be eligible for any assistance from the Fund. Selling the property and having a buyer assume liability for the cleanup does not relieve the seller of that responsibility should the buyer not complete the required cleanup. 4. Can the current owner of the site sell the property and authorize the buyer or another third party to undertake the required corrective action on the seller's beha? 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 ofpresent and future generations.