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State mater Resources Contrbi Board c' m Division of Financial Assistance 1001 1 Street F Sacramento,California 95814 Terry Tamm►nen P.O.Sox 944212•Sacramento,California-94244-2120 Arnold Schwarzenegger Secretaryfor (916)341-5761 • FAX(916)341-5806 + www.swrcb.ca.govlewphome/ustcf Governor Environmental Protection May 3,2004 nECE V ED 7-Eleven, Inc. I! 1 2004 Tien Hilliard MAY P O Box 711 ENVIRONMENT HEALTH Dallas,TX 75221-0711 PERMITISERVUS UNDERGROUND STORAGE TANK CLEANUP FUND (FUND),FINAL REQUEST FOR FURTHER DOCUMENTATION DURING INITIAL REVIEW: CLAIM NUMBER 017982; FOR SITE ADDRESS: 2360 GRANT LINE RD W,TRACY We are in receipt of the documentation submitted on your behalf by Secor International, Inc. with their letter dated April 15, 2004 in response to the Fund's letter dated March 24, 2004. After reviewing the documentation submitted, we find that the following items (requested in our March 24, 2004 letter) still need to be addressed in order to determine your eligibility for placement on the Priority List: Supporting documentation submitted with the claim application reflects that directives or work performed was not in the claimant's name (7-Eleven, Inc). The letter you submitted from San Joaquin County dated May 29, 2003 identifies YLY LLC (the property owner according to page three of your claim application) as the responsible party,not 7-Eleven, Inc. Claimant is advised that an eligible claimant must have either owned or operated the subject leaking UST, is the responsible party directed to undertake corrective action for the unauthorized release by the local regulator and is the party paying for the costs of cleanup. Please clarify and advise. • Provide a copy of the first letter from the local regulatory agency naming you(7-Eleven,Inc.) a responsible party and directing you to cleanup the contamination at the subject site. Secor's letter of April 15, 2004 included a duplicate of San Joaquin County's letter of May 29, 2003 (which still is a dlreitive to I J_I LLC,not I I.A en, Inc.). • Claimants who acquire sites after January 1, 1990,must complete the enclosed Claimant Certification of Compliance with Fund Regulations Section 281l(a)(1)-(2) and Health& Safety Code, Section 25299.54, subdivision (h). In Secor's letter of April 15, 2004, they requested a waiver for claimant on completing this form. A waiver cannot be granted for this form unless claimant acquired site prior to January 1, 1990. • On page four of your claim application you indicate that your Insurance policy (No. 2674022) only applies for cleanup costs that exceed S 150K and are not reimbursed by the UST Cleanup Fund. Please provide a copy of your insurance policy for review. • The Certi/ication of Financial Responsibility form (dated 10120103) submitted with your claim application was returned to you with Fund's letter of March 24, 2004 for completion(it lacked the name of the Tank Owner or Operator and the Signature of a Witness or Notary). It was not returned to the Fund with Secor's letter of April 15, 2004 (Enclosed is a copy. Please complete Section B., Name of Tank Owner or Operator and Section E.,to be signed and dated by a Witness or Notary-see highlights). However, Secor submitted with their letter of April 15, 2004, a copy of a Certification of California Eff vironmentalProtection Agency tr� Recl cled Puper