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r CallEPA March 31, 1997 A��/; Pete Wilson 4 Governor State Water Janet Wisecarver Resources 1965 Drais Road Control Board Stockton CA 95205 Division of UNDERGROUND STORAGE TANK CLEANUP FUND PROGRAM, CLAIM NO. 011571, Clean Water SITE LOCATION: COUNTRYSIDE MARKET, 10848 COPPEROPOLIS ROAD, Programs STOCKTON Mailing Address: P.O.Box 944212 On May 2, 1996, 1 sent you a letter requesting additional information. To date, I have not Sacramento,CA 94244-2120 received copies of your Income Tax forms or financial agreement with Stockton Mortgage. Upon further review of your file we noted the following: 2014 T Street, Suite 130 Sacramento,CA 1. The tanks were not permitted by January 1, 1990; therefore, your deductible 95514 would be doubled to $10,000. (916)227-4334 FAX(916)2274530 2. To be eligible to file a claim to the Fund, the claimant must be a current or World wide web: prior owner of the tanks that leaked, be required to clean up the site, and pay http://aww.swrcb.ca. gov/-cwphome/ for the costs of that cleanup. fundhome.htm The Fund is not available to all parties who are responsible for cleanup of sites which have been contaminated by unauthorized releases of petroleum. Access to the Fund was legislatively limited to owners and operators of tanks. Other persons, even if they are legally responsible for cleanup of a site, cannot be reimbursed for their costs. Persons who purchase contaminated property after removal of the tanks which were involved in an unauthorized release are not eligible to file a claim against the Fund. This would apply to Stockton Mortgage. 3. Section 2810.1(a)(6) of the Cleanup Fund Regulations provides that only owners and operators who paid or will pay for the costs claimed are eligible. Section 2812.2(b) in part allows a third-party (lender, etc.) to loan or advance costs to a claimant, or to incur costs on behalf of a claimant. You have not paid any costs of corrective action and the costs incurred by Stockton Mortgage were incurred without any undertaking on your part to be responsible for the costs and, therefore, were not incurred on your behalf and cannot be claimed for reimbursement. Under these circumstances, the claim application appears to circumvent both the eligibility and priority requirements of the program. We, therefore, must disapprove your claim application for the Cleanup Fund. If you disagree with this Staff Decision, you may either request review and reconsideration by the Program Manager or you may formally appeal the decision and request a Division Decision %IDS Recycled Paper Our mission is to preserve and enhance the quality of California's water resources,and ensure their proper allocation and efficient use for the benefit of present and future generations.