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State Ater Resources Contro%oard <br /> Division of Clean Water Programs ' <br /> 10011 Street-Sacramento,California 95814 <br /> Winston H.Hickox P.O.Box 944212•Sacramento,California•94244-2120 <br /> Secretaryfor (916) 341-5632 • FAX(916)341-5806 • www.swreb.ca.gov/cwphome/ustcf Gray Davis <br /> Emironmemal <br /> Governor <br /> Protection The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. <br /> For a list ofsimple ways you can reduce demand and cu!your energy casts,see our website at www.swrcb.ca.gov <br /> CERTIFIED MAIL NUMBER: 7099-3220-0000-1879-3433 u IECE V ED <br /> NOV 2 6 2002 DEC 13 2002 <br /> Ms. Kama E. Harrigfeld ENVIRONMENT HEALTH <br /> Herub Crabtree Brown PERMIT/SERVICES <br /> 2291 West March Lane, Suite B 100 <br /> Stockton, CA 95207 <br /> Dear Ms. Harrigfeld: <br /> UNDERGROUND STORAGE TANK(UST) CLEANUP FUND (FUND); FINAL DIVISION <br /> DECISION: CLAIM NUMBER 17289; FOR SITE ADDRESS: 75 EAST ALPINE AVENUE, <br /> STOCKTON, CA <br /> I have reviewed your letter dated November 6, 2002, submitted on behalf of the Guido Segarini <br /> Trust(Trust), claimant to the Fund. In your letter you are requesting that I reconsider the Fund <br /> Manager Decision of September 9, 2002. The Fund Manager determined that the Trust was <br /> ineligible to file a claim against the Fund because it never owned or operated the USTs,that are <br /> the subject of the claim. The decision was in accordance with Section 2810.1(a) of the Fund <br /> regulations',which read: <br /> "Only a current or former owner or operator of an underground storage tank or <br /> residential tank who has paid or will pay for the costs being claimed may file a <br /> claim against the Fund." <br /> You contend that the Trust was an `equitable' owner of the property and the USTs at the time the <br /> USTs were removed and, therefore, should be eligible to file a claim against the Fund. <br /> Based on my review of the facts and applicable statutes and regulations, I must concur with the <br /> Fund Manager Decision for the following reasons: <br /> Background <br /> The site was acquired by Ms. Theresa Marler on February 22, 1994. The site had been <br /> previously used for the operation of gasoline facilities. In 1994 the Trust loaned Ms. Marler <br /> $35,000 in order to fund the removal of the USTs,which were situated on the site. The loanwas <br /> secured by a deed of trust on the property. Ms. Marler had the USTs removed on <br /> Chapter 18,Division 3,Title 23,California Code of Regulations <br /> California Environmental Protection Agency <br /> Co Recycled Paper <br />