SITE INFORMATION AND CORRESPONDENCE_2001-2018

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Mr. Bradford J. Dozier - 2- MAY g 4 201 either subdivision (d)(4)(A) or (d)(4)(B) of section 25299.57, the Division determined that Petitioner's Fund Claim.No. 18513 must meet the requirements for a waiver of the permit requirements in order to be eligible for the Fund. Pursuant to section 25299.57, subdivision (d)(4)(E), the Division reviewed the applicable statutes and regulations in effect on the date of the filing of the claim and determined that Petitioner is not eligible for a permit waiver for Fund Claim No. 18513. As explained in more detail below, the Division correctly determined that Petitioner failed to comply with the permit requirements of either subdivision (d)(4)(A) or(d)(4)(B) of section 25299.57. The Division further correctly determined that Petitioner does not meet the requirements for a waiver of the permit requirements in effect on the date of the filing of the claim. Therefore, Petitioner's Fund Claim No. 18513 is not eligible for participation in the Fund. Consequently, the petition is dismissed. APPLICABLE LAW The Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989 (Act), commencing with section 25299.10 of the Health and Safety Code, authorizes the State Water Board to administer a program to reimburse eligible UST owners and operators for specified costs incurred as a result of an unauthorized release of petroleum. The Act limits access to the Fund to UST owners and operators who meet specific statutory requirements. (§§ 25299.54, subd. (a), 25299.20, 25299.21; see also, §§ 25299.57, 25299.58.) An "owner' is defined as "the owner of an underground storage tank containing petroleum" (§ 25299.21.) The Act defines an "operator" as a "person in control of, or having responsibility for, the daily operation of an underground storage tank containing petroleum." (§ 25299.20.) The owner or operator of the UST may apply for Fund benefits if the owner or operator is in compliance with corrective 54 tion requirements, permit requirements, and financial responsibility requirements. (§§ subds. (a), (b), & (d); 25299.57, subd. (d)(3)(A).) FACTUAL BACKGROUND Petitioner purchased the property at auction from the Stockton Unified School District on January 10, 1979. There were no disclosures included with the terms for the sale of the site. The Luther Burbank School formerly located at this site had a heating oil tank that was used for firing two large boilers located in the basement of the building. These boilers were used to heat water and produce steam to heat the school and were later abandoned. A supply pipe was located near the street, which ran to the heating oil tank. Petitioner contends it never used the UST or knew of its existence. On July 25, 2001, there was an Emergency Response by the City of Stockton due to an oil spill/leak at Petitioner's site. The SJEHD determined that the oil appeared to be from or near a fill pipe or clean out in front of the Islamic Center. Based on the age of the former school building, the SJEHD believed that water had entered an unsealed fill pipe located on the site, which led to an abandoned heating oil UST. Water entering the fill pipe allowed heating oil to flow up and out onto the surface of the ground and into the City of Stockton's storm drain system and Mormon Slough. California Environmental Protection Agency 2a Recvcled Paper