COMPLIANCE INFO - Laserfiche WebLink

Home Browse Search

Pete Giambanco, Sr. MAY 2 Q 1995 Claim No . 830 Final Division Decision Page 6 parties fight over who the contamination "belongs" to. This is not considered a valid excuse to postpone or prolong cleanup. Section 25299 . 7 of the Health and Safety Code authorizes local agencies to issue directives for the purpose of cleanup, including naming a responsible party who must comply with those directives . If the responsible party does not comply with directives, they are in violation of state law. Before his death, Giambanco had many opportunities to correct the deficiencies but instead chose to ignore the directives and violate state law. We believe that legislative intent was to provide support to those individuals who complied with state laws, to the extent they were able, in meeting the permit and corrective action requirements . In cases of passive acquisition, we have allowed the recipient to acquire the eligibility of the deceased. In this case, however, it is the ineligibility. You assert that the "estate" of Giambanco has proceeded with the cleanup since his death. For purposes of eligibility, we consider the person and his estate to be one and the same . To do otherwise would cause the estate to be considered a separate claimant and the estate would have to file a separate claim. Even if we did not have this policy, the estate would be ineligible because the former owner (Giambanco) is ineligible, and likewise Giambanco is ineligible because of Shaughnessy. Because both Shaughnessy and Giambanco were out of compliance with permit requirements and Giambanco was out of compliance with corrective action directives, I must uphold the final staff decision to reject the claim. It should be pointed out that if Giambanco is successful in his efforts to rescind the purchase agreement, he will not have owned the tanks, and therefore would not be an eligible claimant . If you are not in agreement with this final Division decision, you may file a petition for review by the State Water Resources Control Board within thirty (30) calendar days from the date of receipt of this letter as provided for in Article 5 of the Petroleum Underground Storage Tank Cleanup Fund Regulations, Title 23 , Division 3 , Chapter 18 of the California Code of Regulations dated December 2 , 3991 .