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State Water Resources Control Board <br /> Linda S.Adams Executive Office <br /> Secretary,tor Arnold Schwatzenegger <br /> Environmental Protection Charles R.Hoppin,Chairman Governor <br /> 1001 1 Street•Sacramento,California 95814•(916)341-5615 <br /> Mailing Address:P.O.Box 100•Sacramento,California•95812-0100 <br /> Fax(916)341-5621 •http://www.waterboards.ca.gov <br /> WAY 2 4 2010 `ECE1S ED <br /> MAY <br /> CERTIFIED MAIL 2 2010 <br /> ENVIRONMENTAL HEALTH <br /> Mr. Bradford J. Dozier DEPARTMENT <br /> Atherton & Dozier <br /> Wells Fargo Bank Building <br /> 305 North EI Dorado Street, Suite 301 <br /> Stockton, CA 95202 <br /> Dear Mr. Dozier: <br /> PETITION OF THE ISLAMIC CENTER OF STOCKTON (USTCF CLAIM 18513), <br /> 1130 SOUTH PILGRIM, STOCKTON, CALIFORNIA: DISMISSAL <br /> SWRCB/OCC FILE UST-272 <br /> The State Water Resources Control Board (State Water Board)will not accept for review the <br /> petition submitted on behalf of the Islamic Center of Stockton (Petitioner) that the State Water <br /> Board received on November 30, 2009. After careful consideration, it is concluded that the <br /> petition in this matter fails to raise substantial issues that are appropriate for review by the State <br /> Water Board. Accordingly, the petition is dismissed as of this date. (See Cal. Code Regs., <br /> tit. 23, § 2814.4, subd. (a)(1);' see also People v. Barry(1987) 194 Cal.App.3d 158; Johnson v. <br /> State Water Resources Control Board(2004) 123 Cal.AppAth 1107.) <br /> Petitioner seeks review of the Division of Financial Assistance's (Division) Final Division <br /> Decision (FDD) dated October 27, 2009. In the FDD, the Division determined that Petitioner's <br /> Fund Claim No. 18513 is ineligible for participation in the Fund because the Petitioner did not <br /> comply with the permit requirement contained in Health and Safety Code section 25299.57, <br /> subdivision (d)(4)(A).3 Additionally, Petitioner did not obtain a removal permit until over two and <br /> a half years after being notified of the possible underground storage tank (UST) by the <br /> San Joaquin County Environmental Health Department (SJEHD). Therefore, Petitioner's Fund <br /> Claim No. 18513 is not eligible to the Fund pursuant to the permit requirement in <br /> section 25299.57, subdivision (d)(4)(B).4 Because Petitioner is not eligible for the Fund under <br /> t The State Water Board's regulations concerning the Underground Storage Tank Cleanup Fund(Fund)are codified <br /> at California Code of Regulations,title 23, division 3,chapter 18,section 2803, at seq. All references to the"Fund <br /> Regulations" are to the applicable section or sections of title 23 of the California Code of Regulations. <br /> 2 All statutory references are to the Health and Safety Code unless otherwise noted. <br /> 3 Effective January 1,2008,section 25299.57,subdivision(d)(4)(A)clarified the permit requirement previously <br /> located in section 25299.57,subdivision(d)(3)(A). <br /> 4 Section 25299.57, subdivision(d)(4)(B), effective January 1,2008, codifies the Fund's interpretation of <br /> section 25299.57, subdivision(d)(3)(A)as it existed before January 1,2008. <br /> California Environmental Protection Agency <br /> ?fA Recvcled Paper <br />