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LATE OF CALIFORNIA-CALIFORNIA ENVIRO TAL PROTECTION AGENCY PETE WILSON,Governor <br /> STATE WATER RESOURCES CONTROL BOARD <br /> DIVISION OF CLEAN WATER PROGRAMS <br /> 2014 T STREET,SUITE 130 _ ' ' _Y <br /> -P.O.BOX 944212 ^'C ;�fs' <br /> SACRAMENTO,CA 94244.2120 " <br /> (916) 227-4360 I: 7 � PN 2: 34 <br /> (916) 227-4530 FAX <br /> MAR 1 1 1994 <br /> Mr, and Mrs . Lorz <br /> Lodi Concrete Pipe Company <br /> P.O. Box 409 <br /> Acampo, CA 95220 <br /> Dear Mr. and Mrs . Lorz : <br /> UNDERGROUND STORAGE TANK CLEANUP FUND (FUND) , FINAL STAFF <br /> DECISION, CLAIM NO. 001699 <br /> I received your March 3 , 1993 , appeal of the February 10, 1994 , <br /> staff decision to reject your claim to the Fund. The claim was <br /> rejected on the basis that you failed to comply with corrective <br /> action directives issued by the San Joaquin County Environmental <br /> Health (County) . <br /> I have carefully reviewed the file and there are at least two <br /> issues involved. First, whether your failure to comply with <br /> corrective action directives issued by the County makes your <br /> claim ineligible and second, if the claim is eligible, whether <br /> you have eligible costs in excess of the $10, 000 deductible to <br /> claim. <br /> Before making a decision regarding eligibility of the claim, I <br /> would like to determine whether you have eligible costs to claim. <br /> In your application to the Fund, you submitted invoices for all <br /> costs incurred prior to January 17, 1992 . These totaled $6, 082 . <br /> County records do not show that you performed further corrective <br /> action after that date . <br /> Section 2812 . 2 (b) of the Cleanup Fund Regulations states in part : <br /> "Only corrective action and third party claim costs incurred <br /> by or on behalf of a claimant shall be reimbursable from the <br /> Fund" . <br /> It is my understanding, that the Conways performed and paid for <br /> certain corrective action costs without any undertaking on your <br /> part . The Conways were never the owners or operators of the tank <br /> that contaminated the site and are therefore not eligible for any <br /> reimbursement from the Fund. The Fund was not intended to act as <br /> an insurance policy between tank owners, operators, and the <br /> purchasers of contaminated sites . The Fund cannot reimburse an <br /> amount agreed to in a settlement agreement . Even if you can <br /> produce the invoices, proof of payment, etc . , associated with the <br /> settlement, since the costs paid by the Conways were not on your <br /> behalf, the Fund cannot reimburse these costs . <br />