SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

Mr. and Mrs. Victor Hernandez - 2 - Claim 2 -Claim No. 18239 In addition, section 25299.57(d)(3)(B) of the H&SC reads, in part: "All claimants who file their claim on or after January 1, 1994...and who did not obtain or apply for any permit required by subdivision (a) of Section 25284 by January 1, 1990, shall be subject to subparagraph (A) regardless of the reason or reasons that the permit was not obtained or applied for. However, on and after January 1, 1994, the board may waive the provisions of subparagraph (A) as a condition for payment from the fund if the board finds all of the following: (i) The claimant was unaware of the permit requirement prior to January 1, 1990, and there was no intent to intentionally avoid the permit requirement or the fees associated with the permit..." Background The background associated with this site is detailed in the FMD. To summarize, the site operated as a gasoline station until the early to mid-1970s. In 1975, the site was occupied by Baxter Truck Sales Company and was later operated as various auto sales and auto repair facilities. The USTs reportedly were last used in 1974. In 1983, you acquired the site. At the time of acquisition, the USTs were not disclosed. You first became aware of the USTs in May 1998, when the San Joaquin Environmental Health Department (SJEHD) conducted a site inspection and noted the USTs on the site inspection report. After discovery of the USTs, the SJEHD required the USTs be registered, back fees and surcharges paid, and the USTs removed under regulatory guidance. You complied by paying all fees required and removed the USTs on September 23, 1998. The SJEHD subsequently issued a no further action letter dated March 17, 2004, and confirmed completion of the UST removal investigation. On July 19, 2004, a Phase II investigation was conducted for a potential property transfer. As a result of the Phase II investigation, the SJEHD issued a "Notice of Responsibility". The SJEHD also issued a directive requiring a workplan to delineate the lateral and vertical extent of soil and groundwater contamination. On October 5, 2004, the Fund received your application. Fund staff denied your application by letter dated April 13, 2005. The Fund Manager upheld the Staff Decision by a letter dated September 15, 2006. Discussion Participation in the Fund is limited to petroleum UST owners and operators who meet specified requirements. Compliance with the permit requirements is a statutory condition that must be met to participate in the Fund. There are three instances in which the claimant may not be subject to the permit requirements. (1) all USTs were removed prior to January 1, 1990, and not replaced; or (2) the claimant sold the property and USTs prior to January 1, 1990; or (3) all USTs were decommissioned. A decommissioned UST is one that cannot have inputs or withdrawals for one or more of Cali ornia—,Fa viu olirzz ewlalProtectiorr Agel,cy O-Recf,c%d Paper