|
BOS l 2094683694 11/01/06 11:19am P. 006
<br /> i
<br /> I'✓1r. r�: IVIS. Victor
<br /> hlalnl No. '18239
<br /> Lally, with regard to criteria rQ r)i>t;-lin ;�r.rnait walvor, ;ecticn 2521)g. 7(cl)(3)(}�) Of the
<br /> H&SC reads, in pall:
<br /> "All ciclinli_Ints who file their r;li7irri 011 OF sifter January 1 1994, ....,end who did not
<br /> obtain or apply for any perrr�i% re>cie.lirc r icy sr.lbclivision (a) of Section 25284 who li
<br /> January 1, 1990, steal1 be suhject to sub}iiaradraph (A) mg irdless of the reason
<br /> or reasons that the permit vvas 'lot obtained or applied for, However, on and
<br /> after January 1, 1994, the board nIay waive the provisions of subparagraph (A)
<br /> as a condition for payment: from the fund if the bo�:erd finds all of the following:
<br /> (i) "I"he claimant w3, unawarc:a of (hc: };ermit -eyuirel7-lerrt prior to
<br /> January 1, :1090, rane.l tf)e.re wa no intent to intentional)
<br /> y v id pe=rmit, regUircrl'milt or the f(,os :Issouiated with the permit_a "
<br /> the
<br /> According to the Fund <.il)plication, suPpnrl.ing documents and sl.rpplemcDntal information,
<br /> the site operated as a gasoline ;t;.atic>n I.Ir1lII tllE:'. e:early to Mid-1970's. In 1975, they Sitr�
<br /> was occupied by Baxter i ruck S<alc s Co. irld was I,Ite:r'operatec_t as various :auto sales
<br /> and auto repair facilities, AGE cr-;tim ates the: USTs were last I-ased in 1974., in 1983,
<br /> You acquired the site. At the time Of iacquisilion, the USTs were: not disclosed, You first
<br /> became aware of fhe USTs in May 1998, when Ms. Leticia 131199S of SJFHD conducterl
<br /> a site inspection and noted the: LPS 151 the: 'ite in ;portion report. After disc=overy of
<br /> the USTs, the SJFHD requirecJ (hit U;T IJ C: recllstere d, back fere, arld surcharges
<br /> be laid and USTs be re.acaaovc:ia uncie,r rr;e_3Lll alc�ry (Lulea ante:, You c:;ells}:�licii by El,�ying all
<br /> fees required and rc�mnvc'd the USTs on Se.-;pterrabor 23, 1993. FhC-1 SJFHD
<br /> subsequently issued a no fulthe--_�r ;iction Ir:Ater dateel March 17, 2004, and confirmed
<br /> completion of the LIST removal investicliatiorl- On July 19, 2004 a hiaasc II invcatidation
<br /> was conducted for a potential As .a rcault of the Phase.; II
<br /> investigation, the SJF_HU issued cl 'Nntie;e of Ro:sponsibility *f he SJFHD also issued a
<br /> directive requiring c_a workplan til delineate the lateral �trac.i vr;rtic»I e_>>;tont of soil and
<br /> groundwater Contamination. on Oz;lobr.r 5, 7004, the Fund receivod v()e.ar application.
<br /> Fund staff denied your appliccatiCH by IE',ttr:r (1itcd April '13, 2005.
<br /> Disc:ussir)n
<br /> You contend the USTs were unknown and were not disclosed when you purchased thea
<br /> site in 1983. Secondly, Mr. Robert Mary of AGE st@ted in a May 3, 200,13, letter to the
<br /> Fund that it was l_anderstooci that t_lSTS were closed in pliace, or h<ad 1:)een
<br /> decommissioned prior to your purch,"ISC of the site, A de=commissioned tank is one that
<br /> cannot have inputs or withdrawals, fOr one or more of the following reasons: (1) it has
<br /> been filled with ars inert solid; (2) its fill pipes have boem sealed, or- (3) its piping has
<br /> been removed. A lank that was not used on or after Jranu(ary 1, 1984, but could be used
<br /> j in the future, meets the definition of an e=xisting UST and i subjec=t either to the
<br /> operatinL7 OF closure requirements of the H&SC.
<br /> l
<br /> j
<br /> ,
<br /> 6ri7/e7I/-/�7tr.'= Y/rl/9.�SrF�/G1'....,..,..
<br />
|