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��-D <br /> yam, NNW/ ..... . <br /> State Water Resources Control Board <br /> ? ' Division of Clean Water Programs <br /> Winston H.Hi&ox 2014 T Street-Sacramento,California 95814-(916)227-4411 <br /> Secretaryjor Mailing Address: P.O.Box 944212-Sacramento,California-94244-2120 Gray Davis <br /> Environmental FAX(916)2274530-Internet Address: http://www.swrcb.ca.gov/-Cwphome/ustcf Governor <br /> Protection <br /> July 27, 2000 <br /> Sally Lynn Atkins <br /> 3622 Alpine Ave W <br /> Stockton, CA 95204 <br /> UNDERGROUND STORAGE TANK CLEANUP FUND PROGRAM, SECOND REQUEST <br /> FOR FURTHER DOCUMENTATION DURING INITIAL REVIEW: CLAIM NUMBER <br /> 015633; FOR SITE ADDRESS: 5023 MARKET ST, LINDEN <br /> After reviewing the Addendum we received on July 26, 2000,we find that the following is still <br /> necessary to determine your eligibility for placement on the Priority List: <br /> 1. You state that the USTs were not permitted until their removal. Since your site was not <br /> permitted prior to January 1, 1990,you must request the permit waiver or your <br /> claim will be determined ineligible. <br /> The Fund's initial program regulations allowed the claimant to have complied with the <br /> permit requirements by January 1, 1990 instead of January 1, 1984 as required by law. It <br /> was felt that the January 1, 1990 date allowed a reasonable time after the requirement <br /> became effective to have obtained the necessary permits or to have submitted an <br /> application to the local agency. Even with the six-year grace period, many claimants to <br /> the Fund had their claims denied for failure to have permitted their tanks. In response to <br /> this problem, Assembly Bill 1061 in 1993 amended the statutes to allow the State Water <br /> Resources Control Board(SWRCB) to waive the requirement as a condition for <br /> eligibility to the Fund for claims filed on or after January 1, 1994. In order to waive the <br /> requirement, the SWRCB must find there was no intent to intentionally avoid the permit <br /> requirement. The changed statute also required that where the waiver was given,the <br /> level of financial responsibility is twice the amount otherwise required. The double <br /> deductible is applicable"regardless of the reason or reasons that the permit was not <br /> obtained or applied for." This specific language was placed in Section <br /> 25299.57(d)(3)(B) specifically so that the SWRCB would not have to make case-by-case <br /> decisions on waiving the statutory permit requirement. <br /> 2. The Addendum is not completed correctly. You should qualify for Priority Class B. The <br /> small business would be classified as Real Estate Operator as you garner income from <br /> leasing the property. Where it says to list the previous three years and their respective <br /> annual gross receipts, you would list your total gross income(from your federal tax <br /> returns) for 1997, 1998, and 1999. You would put a zero in the space for total number of <br /> employees. Please redo the Addendum and return it along with the Permit Waiver form. <br /> Califorois EW viroamenta/Protectroo Agency <br /> Qa Recyc%dPaper <br />