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STf%TE OF CALIFORNIA•CALIFORNIA ENVIRCNOTAL PROTECTION AGENCY PETE WILSON,Governor <br /> STATE 'WATER RESOURCES CONTROL BOARD � <br /> DIVISION OF CLEAN WATER PROGRAMS _ <br /> 2014 T STREET,SUITE 130y ' <br /> t) <br /> P.O. Box 944212RECE,lvl <br /> SACRAMENTO,CA 94244-2120 <br /> (916) 227-4307 <br /> (916) 227-4530 FAX ��lRa AY � � 1993 <br /> P90M T ERS CHEA�TH 144Y 2 0 1993 <br /> Ms . Brooke Birkie ��ES <br /> Neumi.11er & Beardslee <br /> Fifth Floor Waterfront Office Tower II <br /> 509 West Weber Avenue <br /> Stockton, CA 95203 <br /> Dear Ms . Birkie : '! <br /> UNDERGROUND STORAGE TANK CLEANUP FUND PROGRAM (FUND) , FINAL <br /> DIVISION DECISION ON NOTICE OF INELIGIBILITY DETERMINATION: <br /> CLAIM NUMBER 830 (PETE GIAMBANCO, SR. ) <br /> I have received your request on behalf of the Pete Giambanco, Sr. <br /> Estate to review the decision to remove his claim from the <br /> Priority List . After review of the final staff decision and its <br /> supporting arguments, I have decided to uphold the final staff <br /> decision to reject the claim for the reasons set forth below. <br /> In your appeal you assert that there was no evidence in the site <br /> file at San Joaquin County Public Health Services (county) that <br /> the previous owner' s (Shaughnessy) permit was revoked, and that <br /> this lack of evidence allows the current owner (Giambanco) to be <br /> an eligible claimant to the Fund. <br /> Further investigation with the county has revealed that <br /> Shaughnessy' s permit was not "revoked" in 1989 as stated in <br /> Giambanco' s rejection letter dated March 10, 1993 . However, in <br /> 1990, Shaughnessy was not issued a permit to operate the <br /> underground storage tanks because he did not supply the county <br /> with the precision testing records required to receive a valid <br /> permit . This requirement can be found in Section 25292 of the <br /> California Health and Safety Code, Division 20 , Chapter 6 . 7, <br /> hereinafter referred to as the Health and Safety Code . <br /> A site inspection by the county on December 4, 1990 revealed non- <br /> compliance with permit requirements and no permit was issued in <br /> 1990 . County staff stated that the site and tanks were and have <br /> been out of compliance ever since . Beginning in 1990 , even <br /> though he paid the fees, Giambanco was also out of compliance <br /> with permit requirements . <br /> 'All information was obtained through review of the county' s <br /> site file or .through interviews with county staff . <br /> (COF"Y <br />