SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

Mr. & Ms. Victor Hernandez -3- Claim No. 18239 Although it was believed the USTs at your site were decommissioned, SJEHD confirmed there was no documentation in their files indicating any part of the UST system was decommissioned except for the removal of the dispensers. Secondly, SJEHD staff also confirmed there was above ground evidence indicating USTs were evident and existed at your site (i.e., vent pipe, fill pipes, dispenser island). While I understand neither you nor your tenants may have used the USTs, permits to own or operate were still required for the USTs until the USTs were removed. SJEHD notified you of the permit requirements and fees owed in May 1998. You complied by paying the required fees and removed the USTs in September 1998. However, the USTs were unpermitted for approximately 14 years before they were removed. One of the statutory conditions for eligibility to the Fund is compliance with the requirement to obtain the appropriate permits. The requirement for a UST owner to obtain a permit to own or operate a UST was mandated January 1 , 1984, (Section 25284 of the H&SC). Under certain circumstances, for a claimant who owned or operated the eligible USTs prior to 1990, the State Water Board may waive the permit requirements as a condition for eligibility to the Fund for claims filed after January 1, 1994. One condition of the permit waiver is that the claimant was unaware of the permit requirement and did not intentionally avoid the requirement. This permit waiver may be used to excuse permit non-compliance for permits required before January 1, 1990. However, the waiver cannot be used to excuse permit non- compliance after January 1, 1990. Summary In this case, based on the information provided, the USTs could have been discovered sooner with reasonable diligence. Unfortunately, I cannot allow access to the Fund in your case because you have not met the UST permit eligibility requirement. The USTs were unpermitted for approximately 14 years and you do not meet the established criteria to receive a waiver of the permit requirements. I Appeal Process This represents an FMD. In accordance with Section 2814.1 of the Fund Regulations, if you are not in agreement with this FMD, you may request a Final Division Decision (FDD) within 60 days of the date of this letter. If you do not request an FDD within those 60 days, this decision will become final and conclusive. The request should be sent to: Ms. Barbara L. Evoy, Deputy Director USTCF Claim No. 18239 Division of Financial Assistance State Water Resources Control Board P.O. Box 944212 Sacramento, CA 94244-2120 Calfor1lia Z,7 vil owIll e��talProtectro�l Age»cy �,a�Reo,c%/Pnper