SITE INFORMATION AND CORRESPONDENCE_2001-2018

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Mr. Bradford J. Dozier - 7 - NAY 2 4 2010 former section 25299.57, subdivision (d)(3)(B) may be used to excuse permit non-compliance for permits required before January 1, 1990. With the exception of claimants who meet the Kelsoe fact pattern, a waiver of the permit requirement authorized under former section 25299.57, subdivision (d)(3)(B) cannot be used to excuse permit non-compliance after January1,1990. Petitioner remained out of compliance with the permit requirements until 2004. Therefore, a waiver under former section 25299.57, subdivision (d)(3)(B) cannot be used to excuse permit non-compliance after January 1, 1990, unless Petitioner's situation meets the Kelsoe fact pattern (i.e., claimants whose violations began before 1990 and continued beyond January 1, 1990, but who later paid thousands of dollars into the Fund over a period of substantial compliance). In Petitioner's Request for an FDD, you admitted that Petitioner did not pay any money into the Fund. Since Petitioner did not pay any money into the Fund, Petitioner's case does not fall within the Kelsoe fact pattern. Petitioner is not eligible for the waiver of the permit requirements, authorized pursuant to former section 25299.57, subdivision (d)(3)(B), because Petitioner's permit noncompliance continued beyond January 1, 1990, and Petitioner's situation does not meet the Kelsoe fact pattern. Therefore, it is not necessary to determine whether Petitioner otherwise met the requirements for a waiver of the permit requirements in former subdivisions (d)(3)(6)(i), (d)(3)(B)(ii), and (d)(3)(B)(iii) of section 25299.57. Effective January 1, 2008, the requirements for a waiver of the permit requirements were amended by Chapter 282, Statutes 2007. The new requirements for a waiver of the permit requirements are applicable only for claims submitted to the Fund on or after January 1, 2008. Claimants, such as Petitioner, who are not eligible under the prior law, may submit a new application to obtain an eligibility determination under the new statute. If Petitioner submits a new claim, Fund staff will evaluate the claim under the Health and Safety Code's new waiver provisions. CONCLUSION Petitioner is not eligible for the Fund under either subdivision (d)(4)(A) or (d)(4)(B) of section 25299.57. Additionally, Petitioner's Fund Claim No. 18513, which was received by the Fund on August 31, 2005, does not meet the requirements for a waiver of the permit requirements under the applicable statutes and regulations 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. particular case, it would be unreasonable or inequitable to impose the requirement to obtain a permit" (Fund Regulations, §2811, subd.(a)(2)(13)(1).) This provision only applies to claims filed before January 1, 1994. This provision does not apply to this claim,which was filed on August 31,2005. California Environmental Protection Agency QA Recycled Paper