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State -Sater Resources ContA Board <br /> Division of Financial Assistance <br /> Linda S.Adams 1001 1 Street•Sacramento,California 95814 ArnoldShF.O.Box 944212•Sacramento,California•94244-2120 CwarZene gger <br /> Secrmn <br /> rYfor (916)341-5632 FAX(916)341-5806 • www.waterboards.ca.gov Governor <br /> Environmental Protection <br /> OCT - 3 2006 <br /> CERTIFIED MAIL: 7001 0320 0000 7546 3730 flEC[EBMFD <br /> Return Receipt Requested <br /> Mr. Patrick Riddle OCT 5 2006 <br /> 1811 Grand Canal Boulevard, #2 ENVIRONMENT HEALTH <br /> Stockton, CA 95207 PERMITJSERVICES <br /> Dear Mr. Riddle: <br /> UNDERGROUND STORAGE TANK (UST) CLEANUP FUND (FUND); FINAL DIVISION <br /> DECISION (FDD) FOR RECONSIDERATION OF INELIGIBLE COSTS: CLAIM NO. <br /> 13324; FOR SITE ADDRE=SS: 640 NORTH EL DORADO STREET, STOCKTON, CA <br /> This is in response to your letter dated June 15, 2006, submitted on behalf of Gene <br /> Gabbard, Inc., claimant to the Fund. Your letter requests that I review a Fund Manager <br /> Decision (FMD) dated May 4, 2006. The Fund Manager found that the ongoing <br /> monitoring and any additional investigation and remediation of the contamination at your <br /> site are focused on the chlorinated solvents in the soil and groundwater, and that any <br /> additional investigation and remediation of petroleum contamination will be incidental to <br /> the investigation and remediation of the chlorinated solvents. On this basis, the Fund <br /> Manager found that the Fund could not reimburse $12,002.94 previously denied by <br /> Fund staff in Reimbursement Request (RR) No. 12 or any future investigation or <br /> remediation costs incurred at your site. <br /> Decision <br /> Following my review of the information provided in your request for the FDD, the FMD <br /> and other documents in the file, I find I must agree with the FMD that very little of the <br /> contamination currently present beneath your site can be related to the unauthorized <br /> release from the 250 gallon waste oil UST that was removed from your site in 1997. 1 <br /> am incorporating the FMD into this decision by reference. I also agree with the FMD <br /> that a significant amount of the costs reimbursed by the Fund to date have been for the <br /> delineation and monitoring of ineligible chlorinated solvent contamination. The Fund <br /> can only reimburse reasonable and necessary costs associated with the investigation <br /> and remediation of the unauthorized release of petroleum from the former UST. All cost <br /> associated with the chlorinated solvent contamination are ineligible for reimbursement. <br /> I have further determined that you have received an overpayment on this claim of <br /> $83,497.46 for the investigation and monitoring of the ineligible chlorinated solvent <br /> contamination. This amount is now due and payable as discussed below. The basis for <br /> my decision and my response to the points raised in your letter is presented below. <br /> Californ<aEnvironineritalPmleclioa Agency <br /> Zo' Recyc%d Awe, <br />