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Ms Kama E. Harrigfeld - 3 - NOV 2 6 2^nZ <br /> clarifies the liability of secured creditors who hold an interest in property on which a petroleum <br /> UST is located, from the time that person extends the credit up through and including foreclosure <br /> and re-sale. The UST-specific lender liability rule was published in the Federal Register on <br /> September 7, 1995, and states, in part: <br /> §280.200(d) <br /> "A holder is a person who, upon the effective date of this regulation or in the <br /> future, maintains indicia of ownership...primarily to protect a security <br /> interest...in a petroleum UST or UST system or facility or property on which a <br /> petroleum UST or UST system is located... " <br /> §280.220 <br /> "A holder is not an "owner" of a petroleum UST or UST system or facility or <br /> property on which a petroleum UST or UST system is located for purposes of <br /> compliance with the UST technical standards as defined in§280.200(a), the UST <br /> corrective action requirements under§§280.251 through 280.67, and the UST <br /> financial responsibility requirements under§§280.90 through 280.111...provided <br /> the person: <br /> (a) Does not participate in the management of the UST or UST system..and <br /> (b) Does not engage in petroleum production, refining, and marketing... " <br /> In this case,the Trust(1)held ownership interest in property on which USTs were located, in <br /> order to protect its security interest; (2) did not participate in the management of the USTs; and <br /> (3) did not engage in petroleum production,refining and marketing. Therefore, in accordance <br /> with the lender liability rule,the Trust is exempt from the regulatory requirements for USTs with <br /> regard to financial responsibility, and therefore, not considered a UST owner. <br /> Although I sympathize with the Trust's situation,I cannot ignore statutes and regulations, which <br /> govern the Fund program. <br /> Decision <br /> Based on the above, I must concur with the Fund Manager's decision. The Trust never owned or <br /> operated the USTs,which are the subject of this claim, and,therefore, is ineligible to file a claim <br /> against the Fund pursuant to Section 2810.1(a) of the Fund Regulations. <br /> California Environmental protection Agency <br /> Cli Recycled Paper <br />