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State Water Resources Control Board <br /> Division of Clean Water Programs <br /> 10011 Street•Sacrarnento,California 95814 <br /> Winston H.Hickox P.O.Box 944212•Sacramento,California•94244-2120 <br /> Secretaryfor (916)341-5761 • FAX(916)341-5806 • www.swmb.ca.gov/cwphome/ustcf Gray18 <br /> Environmental Govel., <br /> Protection The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. <br /> For a list of simple ways you can reduce demand and cut your energy costs,see our website at w .swrcb.ca.gov. s <br /> June 26, 2002 <br /> Guido G. Segarini Trust <br /> Wendy Berndt As Trustee <br /> P O Box 1810 <br /> Aptos, CA 95001 <br /> UNDERGROUND STORAGE TANK CLEANUP FUND (FUND), STAFF DECISION TO <br /> REJECT CLAIM: CLAIM NUMBER 017289; FOR SITE ADDRESS: 75 ALPINE AVE E, <br /> STOCKTON <br /> Your claim has been found to be ineli ie ble for placement on the Priority List for the following <br /> reason: <br /> You were never the owner or operator of the Underground Storage Tanks (UST). Fund <br /> Regulations state"Only a current or former owner or operator of an underground storage tank <br /> or residential tank who has paid or will pay for the costs being claimed may file a claim against <br /> the Fund." (Section 2810.1). <br /> Based on the information provided, the Guido Segarini Trust loaned Theresa Marler thirty-five <br /> thousand dollars in order to fund the removal of the USTs on her property at that time,the above <br /> subject site. Upon removal of the USTs it was determined that there was contamination on the <br /> property. Theresa Marler abandoned the property, defaulted on the loan and a search for her <br /> whereabouts has failed. Consequently, Mr. Segarini foreclosed on the property and Guido G. <br /> Segarini Trust became the owner of the property. <br /> The subject USTs were removed from the above subject site in 1994 and the claim application <br /> indicates that you acquired the property(not USTs)in 1998. Claimant never owned or operated <br /> the tanks prior to their removal in 1994. Therefore,pursuant to claimant is ineligible for <br /> reimbursement from the Fund. <br /> Claimant argues that claimant is an"Equitable Owner/Deed of Trust'and likens this claim <br /> request to that of the Petition of Quaker State Corporation, Order No. WQ 97-06-UST. In that <br /> claim, although Fullerton removed the UST before legal title to the subject site transferred to <br /> petitioner at the close of escrow, Fund staff determined petitioner became an equitable UST <br /> owner eligible to apply to the Fund when petitioner entered into the purchase agreement and <br /> equitable title to the site passed to petitioner. Unlike your claim, that petitioner signed a purchase <br /> agreement. In your case, it was money loaned to remove the tanks, not a purchase agreement. <br /> CaUfornfe EnvironmentWFrotection Agency <br /> ft, <br /> Recyc/edPape� <br />