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State Water Resources Control Board Linda S. Adams Executive Office Arnold Schwarzenegger .Secretaryfor Governor Environmental Protection Charles Hoppin,Chairman 1001 I Street•Sacramentnto,California 95814•(916)341-5615@�p Mailing Address:P.O.Box 100•Sacramento,California•95812-r+ u L7H VE10 Fax(916)341-5621 •http://www.waterboards.ca.gov ((IJJ^uul I/1t ^r+ NOV 16 2009 NOV 1 7 2009 ENVIRUNIVtENTHEALTH PERMIT/SERVICES CERTIFIED MAIL Mr. Patrick D. Riddle Law Offices of Patrick D. Riddle, P.C. 1811 Grand Canal Boulevard, Suite 2 Stockton, CA 95207 Dear Mr. Riddle: PETITION OF GENE GABBARD, INC. (USTCF CLAIM 13324; 640 NORTH EL DORADO STREET, STOCKTON, CALIFORNIA): DISMISSAL SWRCB/OCC FILE UST-254 and UST-254(a) After careful consideration, it is concluded that the petitions in this matter fail to raise substantial issues that are appropriate for review by the State Water Resources Control Board (State Water Board). Accordingly, the petitions are dismissed as of this date. (See Cal. Code Regs., tit. 23, § 2814.4, subd. (a)(1); People v. Barry(1987) 194 Cal.App.3d 158; Johnson v. State Water Resources Control Board(2004) 123 Cal.AppAth 1107.) You submitted a petition on behalf of Gene Gabbard, Inc. (Petitioner) who seeks review of the Division of Financial Assistance (Division) Final Division Decision (FDD) dated October 3, 2006. The FDD determined that certain costs reimbursed to Petitioner for corrective action at the site were associated with the investigation and remediation of chlorinated solvents, not petroleum, and determined that Petitioner had received an overpayment of$83,497.46. On July 24, 2008, the Division issued a Revised FDD which determined that additional costs were attributable to the petroleum contamination at the site and reduced the amount of the overpayment to $35,636.87 (including an offset for eligible costs submitted in Reimbursement Request No. 13). You submitted a second petition dated August 21, 2008, contesting the Revised FDD and asserting that all costs at issue should be eligible for reimbursement. As discussed below, the Division correctly determined that Petitioner's costs associated with the investigation and cleanup of the chlorinated solvent tetrachloroethene (PCE) are not eligible for reimbursement from the Underground Storage Tank (UST) Cleanup Fund (Fund). Consequently, the petitions are dismissed. APPLICABLE LAW The Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (Act), chapter 6.75 (commencing with section 25299.10) of division 20 of the Health and Safety Code, authorizes the State Water Board to reimburse eligible UST owners and operators for specified California Environmental Protection Agency 9""'I..d P.......