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) I <br /> Underground Storage Tank Cleanup Fund <br /> Mr. Pete GSambanco, Jr. <br /> Vintage Ca ash <br /> Claim No . 830 <br /> Page 3 <br /> Section 28 1 (b) states that purchasers of real <br /> property . . on which an underground storage tank is situated <br /> may t file a claimagainst the Fund if : <br /> (1) The purchaser or acquirer knew. . . that an underground <br /> storage tank wag located on the real property being <br /> acquired; and <br /> (2 ) arty from whom the real o acquired <br /> ould not have been eligible for reimbursement from the <br /> Fund. <br /> The former owner , Mr. John Shaughnessy, w out of <br /> compliance witha permit requirements which in a violation of <br /> the California Health and Safety Code. This precludes him, <br /> and therefore GSambanco from being an eligible claimant to <br /> the Fund. <br /> Although we have not been formally informed, it is our <br /> understanding that Pete GSambanco, Sr. passed away in <br /> December, <br /> 1992 . 3 <br /> The County states that you, Pete G ambanco, Jr. have been <br /> Xe <br /> named executor of the estate and a also beneficiary of the <br /> estate . It is our position that in the case of a passive <br /> acquisition (such as this) , the inheritor acquires the <br /> eligibility (or, ineligibility) of the claimant. Therefore, it <br /> is held that you are also ineligible. <br /> This letter is considered a Final Staff D If you a not <br /> in agreement with this decision, you may request review of the <br /> staff decision by the Chief of the Division within sixty (60) <br /> calendar days of receipt of this letter as provided in Article 5 <br /> of the Cleanup Fund Regulations . <br /> Please send any request for review to : <br /> Mr. Harry M. Schueller, Chief <br /> State Water Resources Control Board <br /> Division of Clean Water Programs <br /> x 944212 <br /> Sacramento, CA 94244-2120 <br /> If you do not request a Final Division Decision within the sixty <br /> ( 60) calendar days , a Notice ofIntendedRemoval from the <br /> Priority List will be issued pursuant to Section 2813 . 4 (b) of the <br /> Cleanup Fund Regulations . <br /> If you have any questions, call gets Okamoto at (916) 222-4539 . <br /> Sincerely, <br /> ��_ <br /> Dave Danger, Manager <br /> Underground Storage Tank Cleanup Fund Program <br />