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r <br /> r <br /> EXHIBIT W <br /> [ATt U1 CAI.If OMIJA-CAI If 01MIA FNV1N')NrACN1AL 1'f1WECHONAGE14GY PETE 1P11LSON, Gotemor <br /> STATE WATER RESOURCES CONTROL BOARDDDUaFEfhN OF CLEAN WATER PROGRAMS ^} -- • V 1=0 <br /> ,,l <br /> 0�1 14 i STREET,SUITE 130 <br /> P O.ROX 944212 , <br /> snc:RannErvTo. ca 94244-2120 <br /> MAR 1 7 1993 . . <br /> ENVIRONMENTAL HEALTH <br /> (9 16) 227-4307 TERMIT/SERVICES <br /> FAX (916) 227-4530 <br /> Mr. . Russell F. Chapin, Sr. , President <br /> Chapin Brothers, Inc. <br /> 1.203 N. Carlton Ave. <br /> Stockton, CA 95203 <br /> Dear Mx. Chapin: <br /> U14DERGROUND STORAGE TANK CLEANUP FUND PROGRAMe NOTICE OF <br /> INELIGIBILITY DETERMINATION: CLAIM NUMBER 557 <br /> This is to notify you that during the detailed review of your <br /> application, it has been determined that your application for <br /> Cha in Brothers Inc. located at 1.766 Monte Diablo Ave. , Stockton <br /> .is not eligible for reimbursement in the Underground Storage Tank <br /> Cleanup Fund. Therefore, it is being proposed that <br /> moved from the Priority List based on the following reason(s) : <br /> In February, 1992 you applied for and were issued a removal <br /> permit for underground storage tanks at the above site. The <br /> removal permit was effective for three months which you <br /> allowed to expire without removing the tanks. You were <br /> given a three month extension and again failed to take <br /> action. On September 30, 1992 an administrative hearing was <br /> held and you were informed of your alternatives and possible <br /> consequences, including removal from the Fund. You stated <br /> that your attorney advised you not to pay further fees. You <br /> were given an additional 30 days to obtain a new removal <br /> permit or to pay the 1992 permit fees. You failed to renew <br /> the permit and are therefore out of compliance with permit <br /> requirements. <br /> Section 2811 (a) (2) of the Underground Storage Tank <br /> Regulations requires that a claimant to the Fund had and has <br /> obtained any permit or permits required of the claimant <br /> pursuant to Chapter 6. 7, Division 20, of the California <br /> Health and Safety Code. . . unless that claimant can <br /> demonstrate to the satisfaction of the Division that <br /> obtaining any permit was beyond reasonable control of the <br /> claimant. <br /> Clearly, you knew of the requirement because you had permits <br /> for the tanks through 1991 . After you failed to take action <br /> on the 'r'emoval permit and extension, you were informed of <br /> the requirements at an administrative hearing. You have <br /> violated the California Health and Safety Code. This <br /> precludes you from being an eligible claimant to the Fund. <br />