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} Marge Comer -2- March 28, 2008 Claim No. 19097 On May 1, 1990, you were notified of the permittingrequirements and a Notice to Abate was issued.by San Joaquin County for the illegal removal of an underground storage tank pursuant to section 25298 of the H&SC. You were directed to submit a closure plan and submit all fees by June 16, 1990. On June 25, 1990, the removal_permit was issued and all fees were received. Since you owned the tank since 1980 and did not properly permit the tank to operate or remove, you have been deemed out of compliance with permitting requirements. However, it appears that you may be eligible for a permit waiver as outlined below. Since your claim was received on November 9, 2007, your claim was reviewed under the laws in effect at that time. For claims filed on and after January 1,X1994, waivers of underground storage tank (UST) permitting requirements were generally available for UST permits that were required before January 1, 1990, and was not to be used to excuse UST permit noncompliance that extended beyond January 1, 1990. However, the Legislature recently enacted AB 1437, which became effective on January 1, 2008, and expands the availability of UST permit waivers. It appears that your claim MAY fall within the criteria established in AB1437 as outlined below, and that you MAY be able to seek a permit waiver for permit noncompliance that began before you were aware of the permitting requirements. Assembly Bill 1437 A hazarian -- Broadened Permit Waiver Criteria for all Fund Claims Filed After January 1, 2008 AB 1437 specifies that permit compliance, for purposes of accessing the Fund, is satisfied if the claimant obtained a UST permit when the claimant became subject to UST permitting requirements or when the applicable local agency began issuing UST permits, whichever is later. Assembly Bill 1437 also expands availability and changes the criteria for waivers of UST permitting requirements. Under A13-1437, there is no cutoff date for UST permit waivers ! — permit waivers may be granted for permit noncompliance that occurred both before and after January 1,'19�90;-�if all'of the following criteria are met: • The claimant was unaware of the permit requirement, and upon becoming aware l of the permit requirement, the claimant complies with H&SC section 25284 (UST permitting requirements) or H&SC 25298 (UST closure requirements) within a reasonable period, not to exceed one year, from when the claimant became ! aware of the permit requirement. • Before submitting the application to the Fund, the claimant has complied with H&SC section 25299.31 [financial responsibility requirements] and has obtained and paid for all permits currently required. California Environmental Protection Agency Cl?Recycled Paper