SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

State Nater Resources Contro`rBoard ° '�• Division of Financial Assistance 1001 I Street-Sacramento,California 95814 Terry Tamminen P.O.Box 944212"Sacramento,California"94244-2120 Secretaryfor (916)341-5761 . FAX(916)341-5806 . www.swrcb.ca.gov/cwphome/ustcf Arnold Schwarzenegger Environmental Governor Protection February 9,2005 Victor&Erlinda Hernandez lJ 4302 Boulder Creek Stockton, CA 95219 UNDERGROUND STORAGE TANK CLEANUP FUND (FUND), FINAL REQUEST FOR FURTHER DOCUMENTATION DURING INITIAL REVIEW:. CLAIM NUMBER 018239; FOR SITE ADDRESS: 3012 WATERLOO RD, STOCKTON We received documents in response to our letter dated December 8,2004 and submitted on your behalf by Donna Sexton of Advanced GeoEnvironmental,Inc. However,the following items from our previous letter still needs to be resolved: • A copy of the permit to own or operate the UST from the local implementing agency dated between January 1, 1984 and January 1, 1990 (pursuant to Chapter 6.7 of the Health and Safety Code)' &2. If you were not subject to the permit requirement, submit documentation to confirm this claim. Situations where the permit was not required by January 1, 1990, can include: a)you removed all USTs prior to January 1, 1990; and not replaced; b)you decommissioned all USTs pursuant to the direction of the regulatory agency prior to January 1, 1984 (provide evidence to verify this);c)you sold the property and tanks by January 1, 1990. • Submit a copy of the permits to own or operate the UST from the local regulatory agency(Air Pollution permits are not acceptable) dated prior to the permit removal. In Ms. Sexton's letter she indicated the USTs were decommissioned sometime prior to 1984. She stated that Mr. Hernandez was not aware of or informed of the existence of the decommissioned USTs,and no permit to own or operate the USTs was issued prior to the tanks discovery by San Joaquin County Environmental Health Department (SJCEHD), and that upon discovery Mr. Hernandez paid all appropriate tank fees. Fund Regulations Section 2811.(1)(2)states...'If the underground storage tank or residential tank that is the subject of the claim was installed before January 1, 1990, then the claimant must have obtained any permit required by Health and Safety Code, division 20, chapter 6.7, 07-filed a substantially completed application for any required permit before January 1, 1990." 2 Section 25284 of the Health&Safety Code clearly requires that the USTs remain permitted,regardless of operation,until the date of their removal. 3 A"decommissioned"tank per LG-122(copy enclosed)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 law and regulations. (A temporary closure by local agency may be okay). California En riranMentalFrotection Agency RecycledPvper