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Pete Giambanco, Sr. MAY 2 0 1993 Claim No. 830 Final Division Decision Page 2 The county makes a clear distinction in its permit letter between permit compliance and payment of fees . Payment of fees alone does not constitute compliance; this is but one segment of the permit requirement . From 1990 on, there was no evidence of permits in the county' s file . It was the absence of permit documents in the file that caused the - reviewing staff to inquire about permit compliance . County staff verbally related that this was due to non-compliance with precision testing requirements . Section 2811 (a) (2)' requires that a claimant to the Fund " . . . had and has obtained any permit or permits required of the claimant pursuant to Chapter 6 . 7, Division 20, of the California Health and Safety Code . . . " (Emphasis added. ) In addition, Section 2810 . 1 (b) provides that "purchasers of real property. . .on which an underground storage tank is situated May not file a claim against the Fund if : (1) the purchaser or acquirer knew. . . that an underground storage tank was located on the real property being acquired;and (2) any party from whom the real property was ac uired would not have been eligible for reimbursement from the Fund. " (Emphasis added. ) Because the former owner, Shaughnessy, was out of compliance with permit requirements, Giambanco is not an eligible claimant to the Fund. In addition, Giambanco was also found to be out of compliance with permit requirements, even though he did pay the fees . With regard to the issue of non-compliance with county corrective action directives, the following chronology was found in the county' s site file : 8/16/90 Giambanco purchased Vintage Car Wash located at 601 East Miner, Stockton. 12/4/90 Site inspection reveals that site and tanks are out of compliance with UST permit laws . The following violations were documented; 1) no inventory reconciliation records, 2) no precision test results accessible at site, 3) UST #3 abandoned without county approval . Corrections required by 1/5/91 . Condition not met . 'All citations are found in the Petroleum Underground Storage Tank Cleanup Fund Regulations, Title 23 , Division 3 , Chapter 18 of the California Code of Regulations dated December 2 , 1991 .