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5 " <br /> Islamic Center Of Stockton -7- <br /> Claim No. 18513 FEB 1 <br /> compliance after January 1, 1990, unless the Islamic Centers situation meets the <br /> p ry <br /> Kelsoe fact pattern (i.e., claimants whose violations began before 1990 and continued <br /> beyond January 1, 1990, but who later paid thousands of dollars into the Fund over a <br /> period of substantial compliance). <br /> Like Mr. Kelsoe, the Islamic Center's permit violations began before 1990 and continued <br /> beyond January 1,'1990. Unlike Mr. Kelsoe, however, the Islamic Center did not have a <br /> period of substantial compliance with permitting requirements. Therefore, the Islamic <br /> Center is not eligible for a waiver of post-January 1, 1990; permit non-compliance under <br /> the Kelsoe Order. <br /> C. Additional Documentation <br /> In the Fund Staff's letter dated April 27, 2006, the Islamic Center was advised that the <br /> Fund's technical staff would need to review the circumstances, which led to the <br /> release/spill/emergency response that occurred at this site, and requested additional <br /> information for their review in order to determine if there is an eligible release. <br /> Complete copies were not provided of all technical reports, (including the latest) and <br /> any prior site assessment reports that may have been done for this site. <br /> Summary <br /> The language of the H&SC Section 25299.57(d)(3)(A) does not provide any latitude. <br /> (other than the waiver provision) with regard to the permit requirement. In this case, <br /> permits were not obtained for the UST,'except for the removal permit. As a UST owner, <br /> the Islamic Center had the responsibility of ensuring compliance with UST laws. <br /> Although the Islamic Center contends that they were not aware of the UST, they could <br /> have known in the exercise of reasonable diligence, that the UST still existed on the <br /> property, and obtained the proper permits. The fill pipe and vent pipe were physical <br /> evidence of the UST's existence. <br /> The Islamic Center did not obtain a permit until obtaining the removal permit in April <br /> 2004. A permit waiver Under H&SC.Section 25299.57(d)(3)(B) cannot be used to <br /> excuse your permit non-compliance after January.1, 1990, unless the situation is <br /> comparable to the Kelsoe fact pattern. Unlike Mr. Kelsoe, the Islamic Center did not <br /> pay money into the Fund and did-not have a period of substantial compliance with <br /> permitting requirements. Therefore, the Islamic Centers situation is not similar to <br /> Mr. Kelsoe's. The Islamic Center is not eligible to be considered for a permit waiver for <br /> post-January 1, 1990, permit non-compliance under H&SC Section 25299.57(d)(3)(B) <br /> and the Kelsoe Order and Claim No. 18513 is not eligible for the Fund. <br /> Effective January 1, 2008, the requirements for a permit waiver were amended by <br /> Chapter 282, Statutes 2007. The new requirements for a permit waiver are applicable <br /> only for claims submitted to the.Fund on or after January 1, 2008. 1 have enclosed the <br /> Calijorn�a�'n vrronmenlalProlecfron flgency <br /> 01* ,per <br />