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remedy in the form of a 'means of monitoring for water intrusion and for removing the water by the owner or <br /> operator'. <br /> Thus, there are two issues here: <br /> • 1) The water was condensation that naturally arose inside the closed sump environment and <br /> was exacerbated by the introduction of additional warm air after opening the system for <br /> testing. This does not fall under the scope of the regulation cited. There is no evidence that <br /> the accrual noted would have occurred at all absent the system being opened for <br /> testing. Therefore, this violation is akin to citing rain accumulation due to a passing shower <br /> while the system was open during testing. <br /> and <br /> • 2) Even if the condensation could be considered 'infiltration' and come within the regulation, <br /> the site is still in compliance, as it does have a means of monitoring for and removing any <br /> water. The sumps are all fully monitored and set to not only alarm, but to shut down the site <br /> upon liquid detection. Furthermore, in this specific situation, the technicians were not only on <br /> site at the time of the accumulation, but removed all appreciable collection during the <br /> inspection while the system was open for testing. Therefore, the site cannot be accused of <br /> failing to inspect or monitor the sumps, nor failing to properly remove the accumulated <br /> water. <br /> Accordingly, I respectfully request that this petition for rescission be reconsidered as the circumstances of this <br /> citation are not contemplated under, nor supported by, regulation. <br /> Thanks very much for your consideration. <br /> 03a-rdh <br /> Sarah Samuels <br /> Retail Compliance Coordinator <br /> BP—Fuels North America <br /> 360.526.3917 phone <br /> 360.255.9743 cell <br /> This message is intended for review by the named addressee(s)only and may be privileged,confidential or private. If <br /> you are not the named addressee(s),please delete this message and do not retain a copy. Inadvertent disclosure of this <br /> message does not constitute a waiver of any privilege. <br /> From: Vicki McCartney [EH] [mailto:vmccartneysa)sicehd.com] <br /> Sent: Monday, August 22, 2016 11:21 AM <br /> To: Samuels, Sarah <br /> Cc: Garrett Backus [EH]; Stacy Rivera [EH]; Michelle D. Henry [EH]; Kasey Foley [EH] <br /> Subject: RE: ARCO 5450 (1617 Fremont, Stockton, CA) - Annual Inspection 7/26/16 <br /> Hello Sarah, <br /> 2 <br />