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PUBLI'tHEALTH SERVICES ' <br /> SAN JOAQUIN COUNTY <br /> JOG[KHANNA M.D.,M.P.H. <br /> Health Officer <br /> P.O. Boz 2009• 1601 Baal Hxwkon • <br /> ( Avenue) Stodctoq Cali�ah 93201 <br /> (309)4683400 <br /> CLC <br /> JOHN RUTHERFORD <br /> DESERT PETROLEUM <br /> P 0 BOX 1601 MAY 0 5 1992. <br /> OXNARD CA 93032-- <br /> RE: <br /> 3032RE: 950 W. Eleventh St. SWRCB UST C3.EANUP FUND PROGRAM CLAIMANT#:3275 <br /> Tracy, CA <br /> San Joaquin County Public Health Services, Environmental Health Division (PHS/EHD) has not issued <br /> the above listed site a permit although the site has been in compliance with requirements to own or <br /> operate the tank(s). <br /> Section 2712 (d) of the 1985 Underground Tank regulations (California Administrative Code, Tide 23, <br /> Chapter 3, Subchapter 16) stated that"the local agency shall not issue a permit to operate an <br /> underground storage tank' until the local agency had inspected the facility and determined that the <br /> tank(s) complied with the regulations. Our interpretation of the statute implied that underground <br /> storage tank sites lacking a local agency site inspection or sites with soil or groundwater contamination <br /> could not be issued operating permits until the following was achieved: 1) a site inspection evaluation; <br /> 2) verification of appropriate monitoring method; 3) adequate and appropriate inventory reconciliation <br /> records; and/or 4) complete investigation and cleanup of the contaminated site. <br /> Due to this interpretation of the lav,this site, as well as many others,was not issued a Permit. <br /> However, it is our determination that this facility was operating in compliance with the regulations and <br /> should be considered for state funding. <br /> With the addition of Sections 2653 and 2654 to the 1991 Underground Storage Tank Regulations, <br /> FHS/EHD has the authority to require investigation and cleanup of contaminated sites, therefore, permits <br /> will no longer be withheld. <br /> If you have any questions please contact Linda Turkame, REHS, at (209) 468-0339. <br /> Jogi Khanna, M.D., M.P.H. <br /> Health Officer <br /> Donna Heran, RENS,Program Manager <br /> Environmental Health Division <br /> DH/LT:Ib <br /> A Nvbion of San Joaquin Couoq Heakh Care SeM <br />