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State 110ater Resources Control Board <br /> . . <br /> Division of Financial Assistance <br /> 10011 Street•Sacramento,California 95814 Arnah(.Schwarzenegger <br /> P.O.Box 944212.Sacramento,California•94244-2120 t�p rte- M�\ ,j-,�-1, <br /> Governor <br /> Dan Slmpec (916)341-5353 FAX(916)341-5806 + www.waterboards.ca.gov/cwph L�u U LC Lj <br /> Acting Secretary <br /> MAY 0 4 2006 MAX 5 2006 <br /> Gene Gabbard, Inc. ENVIRONMENT HEALTH <br /> c/o Environmental Closures, Inc. <br /> PERMIT/SERVICES <br /> 1811 Grand Canal Blvd., #2 <br /> Stockton, CA 95207 <br /> Gentlemen: <br /> UNDERGROUND STORAGE TANK (UST) CLEANUP FUND (FUND); FUND <br /> MANAGER DECISION (FMD) CONCERNING INELIGIBLE COSTS: CLAIM NO. 1,3324; <br /> FOR SITE ADDRESS: 640 NORTH EL DORADO STREET, STOCKTON, CA <br /> Based on an audit of your claim file, I am issuing an FMD regarding the eligibility of <br /> costs incurred for corrective action to remediate petroleum contamination at your site. <br /> This FMD is being issued pursuant to Section 2814(d) of the Petroleum Underground <br /> Storage Tank Cleanup Fund Regulations, Title 23, Division 3, Chapter 18 of the <br /> California Code of Regulations (Fund Regulations), which states that the Fund Manager <br /> may at any time, on the Fund Manager's own motion, issue an FMD. <br /> Decision <br /> Based on my review of your claim file, I find that the ongoing monitoring and any <br /> additional investigation and remediation of the site contamination is focused on the <br /> chlorinated solvents in the soil and groundwater beneath your site. It is also my opinion <br /> that any additional investigation and remediation of petroleum contamination will be <br /> incidental to the investigation and remediation of chlorinated solvents at your site. On <br /> this basis, I find that no additional costs for corrective action at your site will be <br /> reimbursed by the Fund. <br /> Discussion <br /> Your claim was originally admitted into the Fund in 1998 based on a statement in your <br /> application that the 250-gallon UST removed in 1997 contained waste oil. Waste oil is <br /> an eligible petroleum product, and costs associated with corrective action to investigate <br /> and remediate waste oil contamination is eligible for reimbursement from the Fund. The <br /> initial investigation of the extent of contamination at your site conducted in 1999 focused <br /> on defining the extent of waste oil contamination. <br /> The Fund has reimbursed 100 percent of the costs submitted on your claim under the <br /> assumption that the corrective action conducted at the site to date was related to the <br /> unauthorized release from the waste oil UST. However, my review of your claim found <br /> that the extent of the petroleum contamination in the soil and groundwater beneath the <br /> California Eli vironmental.Proteetion t4k n Y <br /> Dia Reo cledPwer <br />