SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

Gene Gabbard, Inc -3- Claim No. 13324 The amount eligible for reimbursement for each post-2000 invoice is detailed in the Table Enclosure with this letter. In summary, after application of the deductible, the claimant has been reimbursed a total of$155,191.20 for RR No. 1 through RR No.12. All costs reimbursed in RR No. 1 through RR No. 6 were properly determined to be eligible corrective action costs. The claimant was reimbursed $50,954.21, after application of the deductible, for the first six RRs. Pursuant to this RFDD, eligible petroleum costs for RR No. 7 through RR No.12 amount to $61,327.57. The total amount of eligible costs for RR No. 1 through RR No. 12 is $112,281.78. Therefore, the claimant has received an overpayment of$42,909.42 for RR No. 1 through RR No. 12 [$155,191 .20 — $112,281.78 = $42,909.42]. The claimant submitted RR No.13 seeking reimbursement of $12,002.94. Initially, all costs in RR No. 13 were determined to be ineligible. In the FDD dated October 3, 2006, 1 determined that $3,107.30 was eligible for reimbursement on RR No. 13 and directed claimant to submit a new RR form. The claimant has not done so. I now find that $7,272.55 is eligible for reimbursement on RR No. 13. This supersedes the finding in the FDD. Please note that a new RR No. 13 must be submitted to the Fund along with a copy of this letter. When the claimant resubmits RR No.13, the amount eligible for reimbursement will be setoff against the amount claimant owes to the Fund. Thus, the amount of the overpayment will be reduced to $35,636.87. Summary The Fund is authorized to reimburse costs associated with the cleanup of contamination resulting from an unauthorized release of petroleum from a UST. At this site, costs associated with investigation, product recovery, monitoring, and reporting related to the waste oil UST release in the area of MW-1 through MW-4 are eligible for reimbursement from the Fund. All other costs are related to PCE investigation and cleanup, and are not reimbursable from the Fund. The claimant previously has been reimbursed for ineligible costs and has received an overpayment of $35,636.87. This amount includes an offset for eligible costs presented in RR No. 13. The claimant must resubmit RR No. 13 along with a copy of this letter to insure credit for those costs. The claimant must repay the Fund for previously reimbursed ineligible costs in the amount of $35,636.87. The State Water Board will continue to review the pending petition regarding the parts of the FDD dated October 3, 2006, that are not superseded by this RFDD. Appeal Process This represents an RFDD in this matter. In accordance with Section 2814.2 of the Petroleum Underground Storage Tank Cleanup Fund Regulations, Title 23, Division 3, Chapter 18 of the California Code of Regulations, if you are not in agreement with this decision you may file a petition for review with the State Water Board. The petition must CalfornraEnvlronmenlalProleclion Agency P.4RecydedPaper