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11/01/94 12:21 UST CLEANUP FLND - 912044640138 NO.4:36 902 <br /> 575ATE OF CALfFORN1A.CAUF4RNIA iN11�"d IPNTAL PROTECTION AGENCY ( i <br /> -1r 4 PATE WILSON, GDveMor <br /> r STATE WATER RESOURCES CONTROL BOARD <br /> DIV)SION Of CHAN WATER pRCp(3RAM3 <br /> 1074 T STFI&ET,$(1(TE 130 <br /> P.Q.5OX 944212. <br /> SACRAMENTO,CALIFORNIA 84244.2120 <br /> (916)227-4428 <br /> (9113}227-4530 FAX JUN 1 6 1994 <br /> Mo. Brooke K. Birkie � <br /> Neumiller & Beardslee <br /> 5Q9 w, weber Ave, <br /> Stockton, CA 95243-3166 <br /> Dear Ms. Birkie- <br /> UXD$RGR0t1ND I STORAGE TANK CLEANUP PUND P120GRAM (FUND) , FINAL DIVISIDN DECXSION <br /> ON NOTICE OF DETEPMINATX0u: CLhIM NU[KBER 1699 (LODI CONCA8TE PIPE co,) <br /> I have received your request ear behalf of Lodi Concrete Pipe Company � <br /> (claimant) for a Fir{al Division Decision regarding the Fund's, decision to <br /> reject their claim. The staff decision was based on the claimant's failure <br /> to comply with corrective action dire-Ctives issued by San Joavin County <br /> Public Ftealth (county) and because .the Claimant had not paid for corrective <br /> action costs. ]After a review of your request and the declarations of Ron and <br /> AA1lison Conway, I have decided to overturrs the staff decision for the reasons <br /> Set forth below. <br /> Where staff from the Fund visited the County, they found evidence in the file <br /> that indicated that the claimant was out of compliance with corrective action <br /> directive6. There were letters from the Claimant's attorney saying that they <br /> would not proceed with the cleanup and the new owner was the responsible <br /> party. The new owner called the Fund and told staff that they had paid fox- <br /> the <br /> orthe cleanup- Based on this information, staff determined that Dodi Concrete <br /> Pipe Company was not an eligible claimant. <br /> I understand that since that time, the cleanup has been completed to the <br /> eatisfactioniof the county, so the site -is no longer out of compliance with <br /> corrective action directives. The declarations dated May 31, 1994 by Ron and. <br /> Allison Conway stated that it was their understanding that the Lo.rzes (cwners <br /> of Lodi Concrete Pipe: Co_) would pay for the cleanup and that they had <br /> fulfilled that promise_ <br /> In cases where there is a designated representative who is paying on behalf of <br /> the claimant, we often recluire them to be listed as a copayea- However, if <br /> you can provide proof of payment to the Conways either before or with the <br /> submittal of the payment request, I will allow the reimburse—at to be made to <br /> Lodi Colncrete Pipe company alone. <br /> The claimant will only he reimbursed for eligible corrective action costs Less <br /> the fi10,000 deductible by providing invoices and copies of cancelled checks <br /> after the Letter of Commitment has been issued, You will receive further <br />` instructions from staff after this decision has been processed. <br /> 5incWAW SIGNED BY <br /> Harry M. &chueller, Chief <br /> Division of Clean Water Urograms <br /> cc: Mr. &. Mrs, Lorz bac: DDeaner <br /> Lodi, Concrete Pipe Co, RMarkle- <br /> P.O. Box 409 APatton <br /> Acampo, CA 95220 DFiedler <br /> Lsenitte <br /> 4 <br /> A:\16g9fdd.ltr\SPHILLIPS\EASSADI\6-1S-94 <br /> Sj� l�.f� <br /> OWN640 REY,1 j8sURNAME <br /> MOB <br /> ti <br />