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Ms.Barbara L. Evoy,Fund*ef • November 7,2002 Page 3 of 6 avail. Attached as Exhibit "E" is the log of attempts to reach past owners and operators of the USTs. Upon being informed that the tanks may have been located on the adjoining land, the trust hired land surveyors to determine where the property lines are and where the tanks were located. It was learned that 35 feet of the adjoining lot was used as part of the gas stations. When comparing the lot line and tank location using measurements provided, it is very possible that part of the piping for the tanks were located on the adjoining land. The County when presented with this information, not only refused to name the neighboring landowner as a possible responsible party, they would not even attempt to make a determination on their own and refused a site visit. Attached as Exhibit "F" are the maps indicating the lot line and tank locations. It is clear that the Fund provides for reimbursement for clean-up efforts of past or current owners or operators of USTs. We believe that the Trust was an equitable owner at the time the tanks were removed and therefore qualifies for reimbursement from the UST Fund. For the foregoing reasons, the Trust is appealing the decision of the Fund Manager regarding eligibility for reimbursement. A summary of the facts of the case (Facts), a statement describing how the claimant is damaged by the prior Fund Manager decision (Claimants Grievance), a description of the remedy or outcome sought (Remedy Requested), and an explanation of why claimant believes the Fund Manager's decision is erroneous, inappropriate or improper (Statement of Reasons) are as follows: FACTS In summary, the Guido Segarini Trust loaned Theresa Marler Thirty-Five Thousand Dollars ($35,000.00) in order to fund the removal of USTs on the property at 75 East Alpine Avenue, Stockton, California. The loan was secured with a deed of trust on said property. Upon removing the USTs it was determined that there was contamination on the property. Theresa Marler immediately abandoned the property and defaulted on the loan. A diligent and comprehensive search for Theresa Marler has failed to locate Ms. Marler. Mr. Segarini, as Trustee of the Trust, began foreclosure proceedings on the property. A few days before foreclosure was finalized, Mr. Segarini died. Foreclosure was completed and the Guido Segarini Trust became the owner of the property. Mr. Segarini's Trust is now being required to clean up the contaminated property. CLAIMANT'S GRIEVANCE The Fund Manager determined that the Claimant is not eligible for reimbursement from the Fund. This decision denies the Claimant the right to receive reimbursements for the cleanup of the contaminated property that it, by very unfortunate circumstances, ended up owning. It is Claimant's position that the Manager did not look at all of the facts and circumstances surrounding this case before making the determination that the Trust is ineligible for reimbursement. \\nt_oas\prolaw\documents\1818-001 USS\26055.doc