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Mr. Bradford J. Dozier - 3 - MAY 9 4 2010 <br /> In a letter dated August 3, 2001, the SJEHD notified Petitioner of the possibility of a UST at the <br /> site. The letter reads in part ". . . a fill pipe exists on the property . . . a vent pipe exists on the <br /> building . . . pipe had overflowed fuel to the ground." The SJEHD's letter also reads in part ". . . <br /> You are required at this time to investigate to determine if an underground tank exists at the site <br /> . . . . If a tank is located, permitting is required from the EHD for proper closure of improperly <br /> abandoned tanks." With that letter, the SJEHD also provided Petitioner with a list of UST <br /> removal contractors who could help them locate and determine the condition of any tanks on the <br /> property. <br /> Petitioner did not take any action to locate and properly remove or close the UST until <br /> March 26, 2004. On March 26, 2004, Petitioner's contractor, Advanced GeoEnviron mental, <br /> Inc., located a heating oil UST. Petitioner obtained a removal permit on April 31, 2004,5 and <br /> removed the UST on or about May 7, 2004. <br /> The Fund received Petitioner's claim application on August 31, 2005. Fund staff rejected the <br /> claim by a letter dated June 30, 2006, because Petitioner did not provide documentation <br /> requested by Fund staff. In a letter dated February 13, 2009, the Fund Manager determined <br /> that Petitioner's Claim No. 18513 is not eligible for reimbursement from the Fund, because <br /> Petitioner did not comply with permitting requirements and there was not sufficient technical <br /> data needed to determine if there is an eligible release. In the FDD, the Division determined <br /> that there has been an eligible release. <br /> DISCUSSION <br /> The Act Requires Persons Seeking Reimbursement from the Fund to Have Complied with All <br /> Applicable UST Permitting Requirements. <br /> Pursuant to section 25299.57, subdivision (d)(4)(A), in order to be eligible to file a claim with the <br /> Fund, the claimant must show that: <br /> . . . the claimant has complied with the permit requirements of Chapter 6.7 <br /> (commencing with Section 25280). A claimant shall obtain a permit required by <br /> subdivision (a) of Section 25284 for the underground storage tank that is the <br /> subject of the claim when the claimant becomes subject to subdivision (a) of <br /> Section 25284 or when the applicable local agency begins issuing permits <br /> pursuant to subdivision (a) of Section 25284, whichever occurs later. <br /> You assert that because Petitioner never operated the UST, it was not required to obtain a <br /> permit under section 25284, subdivision (a). You further assert that the only permit that <br /> Petitioner was required to obtain was a removal permit, "which it obtained, albeit in an untimely <br /> manner." Pursuant to section 25284, subdivision (a)(1), "no person may own or operate an <br /> underground storage tank unless a permit for its operation has been issued by the local agency <br /> to the owner or operator of the tank . . . ." (Italics added.) Contrary to your assertion, the <br /> requirement to obtain a permit pursuant to section 25284, subdivision (a) is not limited to USTs <br /> e The approval date is erroneously listed on the removal permit as April 31, 2004. This date is clearly incorrect as <br /> there are only 30 days in the month of April. <br /> California Environmental Protection Agency <br /> Qa Recycled Paper <br />