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I <br /> I J <br /> State Water Resources Control Board U <br /> Division of Financial Assistance <br /> Linda S. Adams 1001 1 Street • Sacramento, California 95814 h <br /> c <br /> Arnold Swarzene P.O. Box 944212 • Sacramento, California • 94244-2120 gger <br /> Secreta <br /> Tf r (916) 341-5650 r FAX (916) 341-5806 www.waterboards.ca.gov/water issues/programs/ustcf/ Governor <br /> Environmental Protection <br /> FEB 2 5 2009 G°,� f. � ;iE �� U � a <br /> Mr. Vince Erardi <br /> Erardi Ventures FEB 2 6 2009 <br /> P . O . Box 690161 <br /> ENVIRONA9EN f HEALTH <br /> Stockton , CA 95269 PERMIT/SERVICES <br /> Dear Mr. Erardi : <br /> UNDERGROUND STORAGE TANK (UST) CLEANUP FUND (FUND) ; FUND <br /> MANAGER DECISION (FMD) FOR RECONSIDERATION OF SUSPENSION OF <br /> LETTER OF COMMITMENT (LOC) ; CLAIM NO. 16768; FOR SITE ADDRESS : <br /> 715 HUNTER STREET N , STOCKTON . <br /> By a letter dated November 18 , 2008 , submitted by your consultant Advanced <br /> GeoEnvironmental , Inc. , you. requested an FMD for reconsideration of the Notice of <br /> Suspension of LOC dated November 7, 2008 , for the above-referenced claim . You <br /> requested that the Fund lift the LOC suspension because you cannot afford the significant, <br /> ongoing costs that continue to be incurred for corrective actions underway at your site. <br /> Decision <br /> Following my review of the letter, I find that the Fund will not be able to lift the suspension of <br /> your LOC for your claims until funds are available . The basis of my decision is summarized <br /> below. <br /> Applicable Authority <br /> The Fund operates under the legal authority established in the Petroleum Underground <br /> Storage Tank Cleanup Fund Statutes, California Health and Safety Code (H &SC) , <br /> Division 20 , Chapter 6.75 (Fund Statutes) and the Petroleum Underground Storage <br /> Tank Cleanup Fund Regulations, Title 23, Division 3 , Chapter 18 of the California Code <br /> of Regulations (Fund Regulations) . <br /> The general framework for the Fund's priority ranking and payment system for eligible <br /> claimants is established in H&SC Sections 25299 . 52 and 25299 . 60 , as well as <br /> Sections 2813 . 1 and 2813 .2 of the Fund Regulations . The Fund is required to process and <br /> pay claims according to priority class so that all claims within a higher priority class are <br /> processed and paid before any claims in a lower priority class . The Fund itself has minimal <br /> discretion or authority for modifying the order of processing reimbursement requests (RRs) . <br /> The State Water Resources Control Board has the right to modify the order of the ranking of <br /> claims within any priority class , but only after a public hearing , per Section 2813 .2(b) of the <br /> Fund Regulations , <br /> California Environmental Protection Agency <br /> Zd Reeyded Paper <br />