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SEP 0 4 X992 ENVIRONMENTAL HEALTH May 1S , 1992 PERMIT/SERvIC�$ Dave Deaner Manager, UST Cleanup Fund Program State Water Resources Control Board Division of Clean Water Programs P.O. Box 944212 Sacramento, CA 94244-2120 Dear Mr. Deaner: We recently received your Notice of Claim Acceptance and Priority Class Change for our Claim Number 43 with a site location of 4648 East Waterloo Road in Stockton, CA. . our notice indicated that our claim had been assigned to Priority Class D, not Class B as we had requested. The notice indicates that this was done because our business Nross revenues exceeded the limits established by Section 1896 of Title 2 of the California Code of Regulations" , i. e . enceeded $3 , 000 , 000 . Following our consultation with your staff member, Ms . Erin Velasco , who has been responsible for reviewing and classifying our application, we are hereby requesting a Final. Staff. Decision: in accordance with the Appoal Process outlined in Article S in the application packet. We are claiming that our business three-year-gross income_ did not exceed the 13 , 000 , 000 ceiling . We herein: set forth that your staff member in attempting to follow your guidelines , did incorrectly assess the total annual receipts for our company' s business . We thin that we are clearly under the stated limit of 3 million dollars as combined over the past three years . We have documented this in the complete income tax returns submitted to you. Your staff member apparently added in additional income monies which were not a part of the company' s gross receipts but rather personal income from other sources . Our Company is a sole proprietorship, ie . , is awned by husband and wife . The tax returns submitted per your guidelines included not only the company schedules but all IRS farms not connected with "the company" in question:, ie . , Marlowe Properties , We. are .a small real estate investment and property management Lousiness with two full time employees' A an apartment resident-manager- coupled , • and 8 part-time , hourly wage employees . We are cleanly a Small Business as defined by Title 2 , Section 1896 of the California Code of Regulations in which "Annual Receipts" is ' defined as "all pecuniary receipts . . . .of a business concern from whatever source derived, as entered or to have been entered on its regular books of account for its most recently completed fiscal year" . This clearly states that the gross receipts are those receipts directly from the