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i Pete Giambanco, Sr . _ MAY 201993 Claim No . Final Division Decision Page 2 The county makes a clear distinction in s permit letter between permit compliance and payment of fees . Payment of fees alone does not constitute compliance ; this is but one Sequent of the permit requirement .n From 1990 on there was no evidence of permits i he ty' s file. It a the en of permit documents in the file that used the - reviewing estaff quire about permit compliance . County staff verbally related that this was due to non-compliance with precisiou testing requirements . Section 2811 (a) (2)m requires that a claimant to the Fund . . had and has obtained any permit or permits required of the claimant pursuant to Chapter 6 n 20 , of the California Health and Safety Code . . . ° (Emphasis added . ) In addition, Section 2610 . 1 (b) provides that "purchasers of real property. . . on which an underground storage tank is situated may t f ' 1 1 theFund if : (1) the purchaser o acquirer knew mtha[ underground s rage task w s located on the real property being acquired;and (2 ) any Party from whom the real P poorly was acauired would not have been eligiblefor reimbursement from the Fund. " (Emphasis added . ) because the former owner, Shaughnessy, was of compliance with permit requirements, Giambanco i eligible claimant to the Fund. In addition, Giambanco was also found to be out of compliance with permit requirements , even though he did pay the fees . With regard to the issue of non-compliance with county corrective y c ive action directives , the following chronology was found in the county' e site file : 8/16/90 Giambanco purchased vintage Car Wash located at 601 East Miner, Stockton . 12/4/90 Site inspection reveals that site and tanks are out of compliance with UST permit laws . The following violations were documented; 1) no inventory reconciliation records, 2 ) no precision test results accessible at site, 3 ) UST p3 abandoned without county approval . Corrections required by 1/5/91 . Condition not met . 'All citations e found i the Petroleum Underground Storage Took Cleanup Fund Regulations, Title 23 , Division 3 Chapter 18 of the California Code of Regulations dated December 2 , 1991 .