SITE INFORMATION AND CORRESPONDENCE

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1� NOW, Mr. & Ms. Victor Hernandez -2- Claim No. 18239 Lastly, with regard to criteria to obtain a permit waiver, 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 According to the Fund application, supporting documents and supplemental information, the site operated as a gasoline station until the early to mid-1970's. In 1975, the site was occupied by Baxter Truck Sales Co. and was later operated as various auto sales and auto repair facilities. AGE estimates the USTs 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 Ms. Leticia Briggs of SJEHD conducted a site inspection and noted the USTs on the site inspection report. After discovery of the USTs, the SJEHD required that the USTs be registered, back fees and surcharges be paid and USTs be 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. Discussion You contend the USTs were unknown and were not disclosed when you purchased the site in 1983. Secondly, Mr. Robert Marty of AGE stated in a May 3, 2005, letter to the Fund that it was understood the USTs were closed in place or had been decommissioned prior to your purchase of the site. A decommissioned tank is one that cannot have inputs or withdrawals, for one or more of the following reasons: (1) it has been filled with an inert solid; (2) its fill pipes have been sealed, or; (3) its piping has been removed. A tank that was not used on or after January 1, 1984, but could be used in the future, meets the definition of an existing UST and is subject either to the operating or closure requirements of the H&SC. Callanna El.-v11 oizln el,talP•olectiolz sIgevey (r-*Rnrvr1r11 PnoPi-