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1 am ano, Sr. MAY 2 0 1"S Clai No . Final Division Decision Page 6 parties fight over who the contamination "belongs* t This is not considered a valid excuse top postpone or prolong cleanup . Section 25299 . 7 of the Health and Safety Code authorizes local agencies to a directives for the purpose of cleanup, including naming a responsible party who m h comply with those directives . If the responsible party does ro Comply with directives, they a a violation of state law Before his death, Giambanco had many opportunities to the deficiencies hat instead chose t ignore theodectives and violate state law. We believe that legislative in provide support t those individuals who complied with state laws, to the extent they were able, in meeting the permit and corrective action requirements . casesIn e of passive acquisition, we have allowed the recipient to acquire the eligibility of the deceased. In this c however, it is the ineligibility. u assert a that the " of iambanco has proceeded with thecleanup since his death. For purposes of eligibility, Besider the person and his estate be o and the s o do otherwise would e e the estate to be considered a separate claimant and the estate Would have to file a separate claim . Even if we did not have this policy, the estate would be ineligible because the former owner (Giambanco) is ineligible; and likewise Giambanco is ineligible because of Shaughnessy. Because both Shaughnessy and Giambanco were out of compliance with permit requirements and Giambanco w of compliance with action directives , I mustuphold the final staff decision Vto reject the claim. It should be pointed cut that if Giambanco i ssful in his efforts t rescind the purchase agreement , he will n t have owned the tanks , and therefore would not be an eligible claimant . If you are not agreement with this final Division decision, you may filea petition for review w by the State Water Resources Control Board within thirty (301calendar days fromthedate cof receipt of this letter as provided for in Article 5 of the Petroleum Underground Storage Tank Cleanup Fund Regulations , Title 23 , Division Chapter 1 of the California Code of Regulations datedDecember 2 , 1991 .