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`W01 o, <br /> State Water Resources Control Board � .�,a.... <br /> 9 <br /> Division of Financial Assistance <br /> 1001 1 Street•Sacramento,California 95814 <br /> Linda S.Adams P.O.Box 944212•Sacramento,California"94244-2120 <br /> (916)341-5784, Governor FAX(916)341-5806. www.waterboards.ca,gov/cwphome/ustcf Arnold Schwa <br /> Secretary far �; r <br /> F.nvirnnmpnial Prnwrion U tl E C E� 111E n <br /> MAR -- 6 2008 <br /> March 4, 2008 ENVIRONMENT HEALTH <br /> PERMIT/SERVICES <br /> Dennis Kim <br /> 22633 Mount Eden Road <br /> Saratoga, CA 95070 <br /> UNDERGROUND STORAGE TANK CLEANUP FUND (FUND), STAFF DECISION TO <br /> REJECT CLAIM: CLAIM NO. 19104; FOR SITE ADDRESS: 2424/2450 SOUTH EL <br /> DORADO STREET, STOCKTON <br /> Your claim has been found to be ineligible for placement on the Priority List for the <br /> following reason: <br /> You did not comply with the permit requirements of Chapter 6.7 of the Health and <br /> Safety Code (H&SC). <br /> Authorit�r <br /> Section 25299.57(d)(4)(A) of the H&SC reads in part- <br /> " <br /> art: <br /> "...the claimant has complied with...the permit requirements of the chapter 6.7 <br /> (commencing with Section 25280) <br /> Section 25284(a)(1) of the H&SC reads in part: <br /> "...no person shall own or operate an underground storage tank unless a permit <br /> for its operation has been issued by the local agency..." <br /> NOTE: The sections cited are found in the Petroleum Underground Storage Tank <br /> Cleanup Fund Statutes, H&SC, Division 20, Chapter 6.75. <br /> Discussion <br /> Since your claim was received on November 15, 2007, your claim was reviewed under <br /> the laws in effect at that time. For claims filed on and after January 1, 1994, waivers of <br /> underground storage tank (UST) permitting requirements were generally available for <br /> UST permits that were required before January 1, 1990, and was not to be used to <br /> excuse UST permit noncompliance that extended beyond January 1, 1990. However, <br /> the Legislature recently enacted AB 1437, which became effective on January 1, 2008, <br /> and expands the availability of UST permit waivers. It appears that your claim MAY fall <br /> within the criteria established in AB1437 as outlined below, and that you MAY be able to <br /> California Environmental Protection Agency <br /> ZC' Recycled Paper <br />