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i <br /> Gene Gabbard, Inc -2- <br /> Claim No. 13324 <br /> Background <br /> A 250-gallon waste oil UST was located at the site that is the subject of this claim. In <br /> 1997, the claimant removed the UST, discovered petroleum contamination, and, in <br /> 1998, became a Fund claimant. The claimant has received reimbursement in the <br /> amount of$155,191.20 (after application of the deductible). In my previous decision, I <br /> determined that the extent of the petroleum contamination in the soil and groundwater <br /> beneath the site had been defined by December 2000, after the installation of eight soil <br /> borings and monitoring wells MW-1 through MW-4. By that date, laboratory analyses of <br /> samples collected from these borings and wells showed that the petroleum <br /> contamination associated with the waste oil UST was limited to the immediate vicinity of <br /> the UST, and only monitoring well MW-3, installed in the center of the former UST <br /> excavation, continued to detect petroleum contamination. <br /> PCE contamination is also present at the site. Costs associated with the cleanup of <br /> PCE are not eligible for reimbursement from the Fund. PCE has been identified in <br /> groundwater samples collected from all of the monitoring wells at the site, except MW-3. <br /> In a work plan for installation of additional monitoring wells, dated April 4, 2002, Ground <br /> Zero Analysis, Inc. (GZA) stated that the purpose of installation of three additional <br /> monitoring wells (MW-5, MW-6, and MW-7)was "to further investigate the lateral extent <br /> of chlorinated solvents in the groundwater beneath the site." Similarly, subsequent work <br /> plans called for the installation of five more wells to further investigate the extent of PCE <br /> contamination. <br /> In the previously issued FDD, I concluded that the extent of petroleum contamination <br /> associated with the waste oil UST had been determined by December 2000, and, for <br /> corrective action costs incurred after December 2000, only costs associated with MW-3 <br /> (petroleum product recovery and quarterly monitoring and reporting)would be eligible <br /> for reimbursement from the Fund. <br /> Discussion <br /> I have reconsidered my previous decision. In addition to the costs determined eligible in <br /> the FDD, I now find that quarterly monitoring and reporting costs associated with MW-1, <br /> MW-2, and MW-4 are eligible for reimbursement from the Fund. While petroleum <br /> product recovery is ongoing in MW-3, costs for continued monitoring and reporting for <br /> these other three wells located near the waste oil UST excavation pit are reasonable <br /> costs. Though petroleum has not been detected in MW-1, MW-2, and MW-4, <br /> monitoring of these wells provides information concerning the extent of the petroleum <br /> contamination detected in MW-3. Costs associated with the investigation and cleanup <br /> of chlorinated solvents, including installation and operation of MW-5, MW-6, and MW-7, <br /> are not eligible for reimbursement. <br /> California En viron m ental Protection,4gen cy <br /> 0,FeeydedPnpei <br />