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January 5, 1998 <br /> -aIIPA James J Szemes Pete Wilson <br /> Department of <br /> Arco Products Co/Stockton Terminal Governor <br /> Toxic Substances 2700 W Washington St Peter M.Rooney <br /> ,antro! Stockton, CA 95203 Secretaryfor <br /> 245 West Broadway, EPA ID #CAD000633032 Environmental <br /> Suite 350 Protection <br /> Long Beach, CA Dear Mr. Szemes: <br /> 20802-4tit <br /> This is to advise you that the Department of Toxic Substances Control (DTSC) <br /> has not received documentation showing that you are in compliance with financial <br /> assurance requirements associated with your Permit-by-Rule (PBR) or Conditional <br /> Authorization(CA) unit(s). <br /> The California Health and Safety Code (HSC), sections 25245.4(a)(1)(B) and <br /> 25245.4(b)(1)(B), require all active PBR and CA businesses to provide financial <br /> assurance for closure by October 1, 1996. Title 22, California Code of Regulations <br /> (Cal. Code Regs.), section 67450.13(a)(8), requires businesses to submit documentation <br /> showing compliance with these financial assurance requirements to the DTSC and the <br /> Certified Unified Program Agency (CUPA) with jurisdiction for your business, by <br /> January 1, 1997. This documentation consists of a Certification of Financial Assurance <br /> for Permit by Rule and Conditional Authorization Operations (DTSC Form 1232) with <br /> the appropriate financial documents. <br /> On September 11, 1996, a request to submit the required Certification was <br /> initially mailed out by DTSC to all active PBR and CA businesses. As of <br /> December 18, 1997, DTSC had not received your facility's Certification for financial <br /> assurance for closure (DTSC Form 1232). <br /> Failure to provide DTSC with those documents is a violation of title 22, Cal. Code <br /> Regs., section 67450.13(a)(8). <br /> To correct this violation you are required to submit to this office within sixty (60) <br /> days of receipt of this letter: <br /> 1. A written cost estimate itemizing each closure activity; - <br /> 2. The financial documents to satisf}, the requirements of financial assurance <br /> for closure costs. The financial documents must be in the form of a trust <br /> fund, surety bond, letter of credit, closure insurance, financial <br /> test corporate guarantee, or alternative mechanism; and <br />