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State later Resources ContrlBoard Division of Clean Water Programs 10011 Street•Sacramento,California 95814 Winston H.Hickox P.O.Box 944212•Sacramento,California•94244-2120 Secretaryfor (916)341-5761 • FAX(916)341-5806 • www.swrcb.ca.gov/cwphome/ustcf Gray Davis Environmental Governor Protection The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our website at www.swrcb.ca.gov. June 21, 2002 Guido G. Segarini Trust Wendy Berndt As Trustee P 0 Box 1810 Aptos, CA 95001 UNDERGROUND STORAGE TANK CLEANUP FUND (FUND), STAFF DECISION TO REJECT CLAIM: CLAIM NUMBER 017289; FOR SITE ADDRESS: 75 ALPINE AVE E, STOCKTON Your claim has been found to be ineligible for placement on the Priority List for the following reason: You were never the owner or operator of the Underground Storage Tanks (UST). Fund Regulations state"Only a current or former owner or operator of an underground storage tank or residential tank who has paid or will pay for the costs being claimed may file a claim against the Fund." (Section 2810.1). Based on the information provided, the Guido Segarini Trust loaned Theresa Marler thirty-five thousand dollars in order to fund the removal of the USTs on her property at that time,the above subject site. Upon removal of the USTs it was determined that there was contamination on the property. Theresa Marler abandoned the property, defaulted on the loan and a search for her whereabouts has failed. Consequently,Mr. Segarini foreclosed on the property and Guido Segarini Trust became the owner of the property. The subject USTs were removed from the above subject site in 1994 and the claim application indicates that you acquired the property(not USTs) in 1998. Claimant never owned or operated the tanks prior to their removal in 1994; therefore, claimant is ineligible for reimbursement from the Fund. NOTE: Sections cited are found in the Petroleum Underground Storage Tank Cleanup Fund Regulations, Title 23,Division 3, Chapter 18, of the California Code of Regulations. N If you disagree with this Staff Decision, you may appeal to the Division Chief pursuant to C Section 2814.1 of the Petroleum Underground Storage Tank Cleanup Fund Regulations. I ' would like review of the decision by the Fund Manager,please submit your request alongth any additional documentation to: a V l California En vironmental Protection Agencv ` Za RecydedPaper