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i <br /> State N*ater Resources Control Board <br /> Division of Financial AssistanceNEW ` <br /> 1001 1 Street•Sacramento,California 95814 <br /> P.O.Box 944212•Sacramento,California•94244-2120 <br /> Linda S.Adams (916)341-5761«FAX(916)341-5806. Nvxvw.watei-boards.ca.gov/cxvpllome/ustcf Arnold Schwarzenegger <br /> Secretary for Governor <br /> Fnvirnl7n)P.17tn1 Protectinn <br /> SEP . 1 5 2006 [EEE ll ED <br /> Mr. & Ms. Victor Hernandez <br /> 4302 Boulder Creek SEP 1 g x,006 <br /> Stockton; CA 95219 <br /> ENVIRONMENT HEALTH <br /> Dear Mr. & Ms. Hernandez: PERMIT/SERVICES <br /> UNDERGROUND STORAGE TANK (UST) CLEANUP FUND (FUND), FUND <br /> MANAGER DECISION (FMD) FOR ELIGIBILITY DETERMINATION: <br /> CLAIM NO: 018239; FOR SITE ADDRESS: 3012 WATERLOO RD, STOCKTON <br /> This is in response to your request for an FMD dated April 30, 2005. Your letter <br /> requests that I reconsider the Fund's Staff Decision dated April 13, 2005. Fund Staff <br /> denied the claim because you did not respond to the Fund's request for evidence that <br /> you complied with the permitting requirements of Chapter 6.7 of the Health & Safety <br /> Code (H&SC) and did not meet the requirements for a waiver of the permit requirement. <br /> Decision <br /> After reviewing the request,'supporting documents, supplemental information dated <br /> May 3, 2005, submitted by Advanced GeoEnvironmental, Inc. (AGE), and information <br /> provided by San Joaquin Environmental Health Department (SJEHD), I find that I must <br /> uphold the Staff Decision. The basis for my decision is as follows: <br /> Applicable Authority <br /> The following sections are excerpted from the Petroleum Underground Storage Tank <br /> Cleanup Fund Statutes, California Health and Safety Code, Division 20, Chapter 6.75 <br /> and Underground Storage of Hazardous Substances Statutes, California Health and <br /> Safety Code, Division 20 Chapter 6.7. <br /> Section 25299.57(d)(3)(A) of H&SC reads, in part: <br /> the claimant has complied with...the permit requirements of Chapter 6.7 <br /> (commencing with Section 25280)." <br /> Section 25284(a)(1) of the H&SC reads, in part: <br /> "...no person shall own or operate an underground storage tank unless a permit <br /> for its operation has been issued by the local agency..." <br /> Califoriria biz vii otz»z e�atalP�otectio�a flgency <br /> �d Rec�c%dPnpei• I <br />