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PUBL'IC HEALTH SEkNICES <br />SAN JOAQUIN COUNTY <br />JOG[ KHANNA MD., M.P.H. <br />Health Officer <br />P.O. Box 2009 • (1601 East Hazelton Avenue) • Stockton, California 95201 <br />( 209) 468.3400 <br />CHERYL HASTINGS <br />WILD CARTER TIPTON & OLPJER <br />P O BOX 16339 <br />FRESNO CA 93704 <br />RE: BEACON CARDLOCK #610 <br />3300 WATERLOO RD <br />STOCKTON CA 95205 <br />J <br />"3 <br />-JUIN 2 9 1993 <br />3WRCB UST CLEANUP FUND PROGRAM CLAUM T #:007281 <br />San Joaquin County Public Health Services, Environmental Health Division (PHS/EHD) has not issued the <br />above listed site a permit although the site has been in compliance with requirements to own or operate the <br />tank(s). <br />Section 2712 (d) of the 1985 Underground Tank regulations (California Administrative Code, Title 23, <br />Chapter 3, Subchapter 16) stated that "the local agency shall not issue a permit to operate an underground <br />storage tank" until the local agency had inspected the facility and determined that the tank(s) complied with <br />the regulations. Our interpretation of the statute implied that underground storage tank sites lacking a local <br />agency site inspection or sites with soil or groundwater contamination could not be issued operating permits <br />until the following was achieved: 1) a site inspection evaluation; 2) verification of appropriate monitoring <br />method; 3) adequate and appropriate inventory reconciliation records; and/or 4) complete investigation and <br />cleanup of the contaminated site. <br />Due to this interpretation of the law, this site, as well as many others, was not issued a permit. However, <br />it is our determination that this facility was operating in compliance as of January 1, 1990 with the <br />regulations and should be considered for state funding. <br />With the addition of Sections 2653 and 2654 to the 1991 Underground Storage Tank Regulations, PHS/EHD <br />has the authority to require investigation and cleanup of contaminated sites, therefore, permits will no longer <br />be withheld. <br />if you have any questions please contact Mary Meays, Senior RENS, of my staff at (209) 468-0337. <br />Jogi Khanna M.D., M.P.H. <br />Health Of�e� <br />aurie A. Cotulla, gram Manager <br />Environmental Health Division <br />LAC/MM:Ib <br />A Division of tian Joaquin County Hear Care Semces 00 <br />