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State mater Resources ContrV Board <br /> Division of Financial Assistance <br /> 1001 I Street•Sacramento,California 95814 <br /> Terry Tamminen P.O.Box 944212•Sacramento.California•94244-2120 <br /> Secretarpfor (916) 341-5661 e FAX(916)341-5806 . www.swreb.ca.gov/cwphome/ustcf <br /> Environmental Arnold Schwarzenegger <br /> Protection <br /> Governor <br /> MAR 1 6 2004 <br /> Ms. Juli Lazano <br /> Sutter Office Center nscoven <br /> 242 North Sutter Street <br /> Stockton, CA 95202 MA?% 2 3 2004 <br /> Dear Ms. Lazano: ENVIRONMENT HEALZH <br /> pERMg'1g? *S <br /> UNDERGROUND STORAGE TANK (UST) CLEANUP FUND (FUND); FUND MANAGER <br /> DECISION FOR RECONSIDERATION OF CLAIM ELIGIBILITY: CLAIM NO. 17618; FOR <br /> SITE ADDRESS: 242 NORTH SUTTER STREET, STOCKTON, CA <br /> This letter responds to a letter from Mr. William Little of Advanced GeoEnvironmental, Inc. <br /> (AGE) dated January 16, 2004, requesting reconsideration of the rejection of Claim No. 17840 <br /> for the referenced site. Fund staff rejected the claim because you did not provide sufficient <br /> evidence that there were USTs currently located at your site and that petroleum contamination <br /> identified at your site was related to the alleged USTs. <br /> Based on my review of the letter from AGE and the supporting documentation in your file, I <br /> have decided to uphold the staff decision. The basis of my decision is discussed below. <br /> It is my understanding that four 450-gallon USTs were allegedly abandoned in place at your site <br /> in 1960. This is based on a hand written note of unknown origin on a document dated February <br /> 10, 1956 that states, "Tanks were filled with sand on 2-19-60"1. Based on this note, you have <br /> filed for acceptance into the Fund as the "de facto owner" of these USTs because you are the <br /> current property owner. <br /> California Code of Regulations (CCR), title 23, section 2804, Petroleum Underground Storage <br /> 'Lank Cleanup Fund Regulations, defines "de facto owner"as meaning: <br /> "...the owner of real property who has actual possession of and control over an <br /> underground storage tank or residential tall; that is located on the property and that has <br /> been abandoned by it's legal owner and operator". <br /> California Code of Regulations (CCR), title 23, section 2804, Petroleum Underground Storage <br /> Tank Cleanup Fund Regulations, also defines "Owner" as meaning: <br /> "...a person who owns an underground storage tank or a residential tank or a residential <br /> tank. The term includes an owner of real property who is de facto owner of an <br /> underground storage tank or residential tank located on such property..." <br /> The 2-19-60 date was obviously added to the February 10, 1956 note at some later date. <br /> California Environmental Protection Agency <br /> Z• Recycled Paper <br />