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i <br /> STATE OF CALIFORNIA PETE WILSON,Governor <br /> STATE WATER RESOURCES CONTROL BOARD <br /> DIVISION OF CLEAN WATER PROGRAMS AN&tuEN <br /> 2014 T STREET,SUITE 130 "e <br /> P.O.BOX 944212 .�, <br /> L LN <br /> SACRAMENTO,CA 94244-2120 <br /> 916/739-4344 APR 0 9 1992 <br /> Facsimile 916/739-2300 ENVIRONMENTAL HEALTH <br /> PrRKVIC,E9 <br /> AIPR 61992 <br /> Mr. John C. Dieckman, Trustee <br /> McAllister Trusts <br /> 500 Airport Boulevard, Suite 220 <br /> Burlingame, CA 94010 <br /> Dear Mr.- Dieckman: <br /> UNDERGROUND STORAGE TANK (UST) LOCAL OVERSIG T PROGRAM, PETITIONS FOR REVIEW <br /> OF LOCAL AGENCY COSTS FUNDED FROM THE HAZARD US SUBSTANCE BOND ACCOUNT AND THE <br /> HAZARDOUS SUBSTANCE CLEANUP FUND, FILE NO. 9( -022 <br /> As you were previously Notified, we recently presented the first petition to <br /> the State Water Resources Control Board (Stae Water Board) for review. As a <br /> result of this hearing, it was determined th t the repeal of Section 25297. 1 <br /> of the Health and Safety Code on January 1, 990 deprived the State Water <br /> Board of any authority under that section to recover costs funded from the <br /> Hazardous Substance Bond Account and the Hazardous Substance Cleanup Fund <br /> prior to January 1, 1990 and to make any determinations regarding those costs. <br /> Section 25297.1 of the Health and. Safety Code was amended and became effective <br /> January 1, 1991 . Therefore, any costs incurred after January 1 , 1991 are <br /> subject to review by the State Water Board. <br /> Section 25360 of the Health and Safety Code requires the Attorney General to <br /> recover monies expended from the Bond Account and Hazardous Substance Cleanup <br /> Fund. Therefore, collection of unpaid costs incurred prior to January 1 , 1991 <br /> will . be referred to the Attorney General for enforcement action. <br /> Your site was funded from the Hazardous Substance Bond Account and the <br /> .Hazardous Substance--Cl ea.nup Fund..-.- The.r..efore. because of this—re.cen.t,deci si on., <br /> the State Water Board will not hear your petition. As discussed above, any <br /> unpaid accounts will be referred to the Attorney General for collection. You <br /> will be notified .by the Attorney General of further cost recovery action. <br /> For your information, for sites at which the Federal Petroleum Trust Fund was <br /> expended, the State Water Board has separate and independent authority apart <br /> from Section 25297. 1 to recover oversight program costs from responsible <br /> parties and review related issues. Petitions for federally funded sites will <br /> continue to be heard by the State Water Board. <br /> Our letter to you dated October 31 , 1990 gave an explanation of the various <br /> cost components of the invoices, including the program management charge. We <br /> explained how the program management charge was allocated to each site in the <br /> Local Oversight Program and your site in particular. Your January 9, 1992 <br />