SITE INFORMATION AND CORRESPONDENCE

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J6 May 13 , 1992 Dave Deaner Manager, UST Cleanup Fund Program Page 3 . Ms . Velasco why this had occurred, she seated that we had not provided the necessary documentation fo= Priority C classification so that she automatically defaulted our classification to the lowest level . Please note that we submitted our docs-mentation for the classif?cati on into which we believed we should be placed, and not for any other classification. Furthermore , the only Information that was needed to place us in Priority C was that we had less than 500 employees and that we were not dominant in our field of operation. If your staff member reviewed each page of the submitted ta:r returns , we feel that it should have been apparent that with an average annual pa,,rrroll expense totalling approximately $68 , 817 , that we clearly have less than 500 employees . Even a cursory review points out that we are a small business and definitely not "dominant in our field" . As a result of overlooking the latter factors , we were classified along with such giants as Chevron, Shell and Bank of America. This was surely not the intent of the fund and its priority classifications . As an interim measure , we are submitting the documentation in accordance with the application format that you may immediately and tentatively reclassify as `nom D to C, while you -review our request to be placed in P where we believe we belong . However, please know that in no wav do we believe that C is the appropriate final classification. The second fundamental issue , which hoperully we will not be required to further pursue unless t:_ s reclassification request must be taken through the appeal prc cess . involves the Type of Business classification that presen-.ad itself as our only choice, ie . , Service : "ix. l Real Estate Operators , Accountants , Auditors , Appraisers and Business Sewvices :NEC ; " . In your initial draft of the application form f,r the fund, "Real Estate Operators" dial not appear at all . However, subsequently you did insert the latter referenced listlr_g in your final draft. eTn• Article 2 of the California Code of Regulations upon _ which your Gross Revenue Chart is presumably modelled, such a listing does not exist ie . in the latter cede i._, 1 only lists "Accountants , ' Auditors and Appraise=s" . a_._` -does not include Real Estate Operators . Your inclusi-3n .:,f meal Estate Operators in this classification, assuming th-at t- is accurately describes our business which it does only in part, represents a misunderstanding of the nature and Qtructure of our business .