Laserfiche WebLink
Underground Storage Tatty[ Cleanup Fund <br /> Pete Ciambanco, Sr. <br /> Vintage Ca ash <br /> Claim No . 830 <br /> Page 2 <br /> Section 2811 (a) (4) and section 2811 (b) (3) of the <br /> Underground Storage Tank Cleanup Fund Regulations provide <br /> that with respect to corrective action costs, an owner or <br /> operator of an underground storage task. . . shall be entitled <br /> to reimbursement for such costs only if the claimant took <br /> corrective action in accordance with any applicable <br /> provisions of Chapter 6 . 7 (commencing with Section 252 <br /> 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 must 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 operator, its employees , agents , o <br /> any other person under the owner • s o operator' s supervision <br /> or control, in reckless disregard of the consequences, which <br /> allows a authorized release from an underground <br /> tank eto 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 costs which are <br /> occasioned by or <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 /> You have repeatedly ignored corrective action directives <br /> from the County, and were grossly negligent. Your failure ' <br /> to act allowed a authorized release to continue i <br /> reckless disregard of the consequences. You violated the <br /> California Health and Safety Code and the Underground <br /> Storage Task Cleanup Fund Regulations . This precludes you <br /> from being an eligible claimant to the Fund. <br /> (2) mr . John Shaughnessy, the former owner , was issued a permit <br /> for the tanks in 1988 ; the permit w revoked in 1989 and <br /> not reissued due to failure to provide precision tests. N <br /> permit was 9 0 sued for 1 r 1991 . The former owner was <br /> t l9with Permit ents. <br /> Section 2811 (a) (2) of the Underground Storage Talc Cleanup <br /> Fund Regulations requires that a claimant to the Fund had <br /> and has obtained ARy permit or permits required of the <br /> claimant pursuant to Chapter 6 . 7 , Division 20, of the <br /> California Health and Safety Code. . . <br />