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J <br /> ° Gene Gabbard, Inc. -3- <br /> "" Claim No. 13324 <br /> The amount eligible for reimbursement for each post-2000 invoice is detailed in the <br /> Table Enclosure with this letter. In summary, after application of the deductible, the <br /> claimant has been reimburseda total of$155,191.20 for RR No. 1 through RR No.12. <br /> All costs reimbursed in RR No. 1 through RR No. 6 were properly determined to be <br /> eligible'corrective action costs. The claimant was reimbursed $50,954.21, after <br /> application of the deductible, for the first six RRs. Pursuant to this RFDD, eligible <br /> petroleum costs for RR No. 7 through RR No.12 amount to $61,327.57. The total <br /> amount of eligible costs for RR No. 1. through RR No. 12 is $112,281..78. Therefore, the <br /> claimant has received an overpayment of$42,909.42 for RR No. 1 through RR No. 12 <br /> [$155,191.20 —$112,281.78 = $42,909.42]. <br /> The claimant submitted RR No.13 seeking reimbursement of$12,002.94. Initially, all <br /> costs in RR No. 13 were determined to be ineligible. In the.FDD dated October 3, 2006, <br /> I determined that $3,107.30 was eligible for reimbursement on RR No. 13 and directed <br /> claimant to submit a new RR form. The claimant has not done so. I now find that <br /> $7,272:55 is eligible for reimbursement on RR No. 9 3. This supersedes the finding in <br /> the FDD. Please note that a new RR No. 13 must be submitted to the Fund along with <br /> a copy of this.letter. When the claimant resubmits RR No.13, the amount eligible for <br /> reimbursement will be setoff against the amount claimant owes to.the Fund. Thus, the <br /> amount of the overpayment will be reduced to$35,636.87.. <br /> Summary <br /> The Fund is authorized to reimburse costs associated with the cleanup of contamination, <br /> resulting from,an.unauthorized release of petroleum frorrr a UST. At this site, costs : <br /> associated with investigation, product recovery, monitoring, and reporting related to the <br /> waste oil UST release in the area of MW-1 through MW-4 are eligible for reimbursement <br /> from the Fund. All other costs are related to PCE investigation and cleanup, and are not. .. <br /> reimbursable from the Fund. The claimant previously has been reimbursed for ineligible <br /> costs and has received an overpayment of$35,636.87. This am0unfincludes an offset for . <br /> eligible costs presented in RR No. 13. The claimant must resubmit RR No. 13 along with <br /> a copy of this letter to insure credit for those costs. The claimant must repay the Fund for <br /> previously reimbursed ineligible costs in the amount of$35,636.87. <br /> The State Water Board will continue to review the pending petition regarding the parts <br /> of the FDD dated October 3, 2006, that are not superseded by this RFDD. <br /> Appeal Process <br /> This represents an RFDD in this matter. In accordance with Section 2814.2 of the <br /> Petroleum Underground Storage Tank Cleanup Fund Regulations, Title 23, Division 3, <br /> Chapter 18 of the California Code of Regulations, if you are not in agreement with this <br /> decision you may file a petition for review with the State Water Board. The petition must <br /> CalrforniaEn viramnenlalProleclian Agency <br /> '. �,d Be9'cledpaper - <br />