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Underground Storaya Tank cleanup Fund <br /> Mr. Pete G ambanco, Jr . <br /> Vintage Ca r Wash <br /> Claim No. 830 <br /> Page 2 <br /> brepeatedlyed the deadlines imposed d is <br /> G m t of compliance with the county'Qounty's correctiveaction <br /> directives. h delays have leopardizedboth th <br /> environment and the Public' s safety, <br /> Section 2811 (a) (4) and section 2811 (b) (3 ) of the <br /> Underground Storage Task Cleanup Fund Regulations provide <br /> that with respect to corrective action costs, a <br /> owner operator of an underground storage tank. . . shall be entitled <br /> to reimbursement for such costs only if the claimant took <br /> corrective action in <br /> accordance with any applicable <br /> provisions of Chapter 6 ] (commencing with Section 2 <br /> 2 80) of <br /> the California Health and Safety Code and the FederalAct . <br /> Also, for corrective action costs incurred after December 2 , <br /> 1991 , the claimant most be i compliance with applicable <br /> corrective action requirements• <br /> section 2804 of the Underground Storage Tank Cleanup Fund <br /> Regulations defines "gross negligence" as any act or failure <br /> to act by the owner or <br /> operator, its employees , agents, o <br /> any other person Under the ownerrs <br /> r operator' s supervision <br /> or central , in reckless disregard ofthe consequences, which <br /> causes allows a an release from underground <br /> tank to occur or to continue . <br /> Section 2810 . 3 of the Underground Storage Tank Cleanup Fund <br /> Regulations provides that notwithstanding any other <br /> Provision of Article 4 corrective action costs and third <br /> party compensation claim <br /> osts which are <br /> occasioned by o <br /> cult from the gross negligence or the intentional o <br /> reckless acts of the claimant or the agents, servants, <br /> employees or representatives of the claimant, are not <br /> eligible for reimbursement from the Fund. <br /> iambanco has repeatedly ignored corrective action <br /> directives from the County, and was grossly negligent. His <br /> failure to act allowed an authorised release to continue <br /> in reckless disregard of the consequences. He violated the <br /> California Health and Safety Cade and the Underground <br /> Storage Tank Cleanup Puna Regulations. This precludes him <br /> from being an eligible claimant to the Fund. <br /> (2) John Shaughnessy, the former owner, was issued a permit <br /> for the tanks in 19BB ; the permit was <br /> revoked <br /> vokedi and <br /> i <br /> not reissued due to failure to provide precision tests . N <br /> permit was issued for 1990 or 1991, The forest was <br /> out of omPliance with Permit reauirements . <br /> Section 2811 (a) (2 ) of the Underground storage Tank <br /> Regulations requires that a claimant to the Fund had and has <br /> obtained anv permit or permits required of the claimant <br /> pursuant to Chapter 6 . 7 , Division 20 , of the California <br /> Health and Safety Code. <br />