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MAR 1 6 20N Juli Lazano No. 17618 I find that you have not demonstrated that there are USTs currently located on your property. The alleged USTs, if actually closed in place in 1960, could have been removed at any time after that date including, (1) when the site was redeveloped in the 1960"s as another service station, (2) when the second service station was demolished and USTs were removed in 1980, or(3) during subsequent property development including construction of the current office building. Until you can demonstrate that there are USTs currently located on your property, you cannot be accepted into the Fund. California Code of Regulations (CCR), title 23, section 2804, Petroleum Underground Storage Tank Cleanup Fund Regulations, Section 2811(a)(1) states in part: "An owner or operator of an underground storage tank or a residential tank for which a permit is required under section 25284 of the Health and Safety Code shall be entitled to reimbursement for eligible corrective action,regulatory technical assistance, and third party compensation costs if...There was an unauthorized release of petroleum from the underground storage tank or residential tank." In addition, please be aware that in the event that you do provide conclusive proof of the presence of decommissioned. USTs at your site, you will also need to demonstrate that the contamination identified at your site was the result of an unauthorized release from those USTs. My review of the information collected to date concerning the contamination identified at your site shows that the contamination could also be the result of an unauthorized release from the ineligible USTs that were removed in 1980. This represents a Fund Manager Decision. If you are not in agreement with the above decision, you may request a Final Division Decision by the Chief of the Division within 60 days of the date of this letter. If you do not request a Final Division Decision within those 60 days. this decision will become final and conclusive. The request should be sent to: Barbara L. Evoy, Chief USTCF Claim 917618 Division of Clean Water Programs State Water Resources Control Board P.O. Box 944212 Sacramento, CA 94344-2120 The request must include at a minimum: (1) A statement describing how the claimant is damaged by the prior staff decision. (2) A description of the remedy or outcome desired. California Environmental Protection Agency ti G1 Ree.veled Paper