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UST case. Closure of a UST case is appropriate where the corrective action ensures the <br />protection of human health, safety, and the environment, and where the corrective action is <br />consistent with: 1) Chapter 6.7 of Division 20 of the Health and Safety Code and implementing <br />regulations; 2) Any applicable waste discharge requirements or other orders issued pursuant to <br />Division 7 of the Water Code; 3) All applicable state policies for water quality control; and 4) All <br />applicable water quality control plans. <br />The Fund Manager has completed a five-year review of the UST case identified above, <br />and recommends that this case be closed. The recommendation is based upon the facts and <br />circumstances of this particular UST case. A UST Case Closure Review Summary Report has <br />been prepared for the case identified above and the bases for determining compliance with the <br />Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closures (Policy) <br />are explained in the Case Closure Review Summary Report. <br />In State Water Board Resolution No. 2012-0016, the State Water Board adopted the <br />Policy. The Policy became effective on August 17, 2012. The Policy establishes consistent <br />statewide case closure criteria for certain low-threat petroleum UST sites. In the absence of <br />unique attributes or site-specific conditions that demonstrably increase the risk associated with <br />residual petroleum constituents, cases that meet the general and media-specific criteria in the <br />Policy pose a low threat to human health, safety and the environment and are appropriate for <br />closure under Health and Safety Code section 25296.10. The Policy provides that if a regulatory <br />agency determines that a case meets the general and media-specific criteria of the Policy, then <br />the regulatory agency shall notify responsible parties and other specified interested persons that <br />the case is eligible for case closure. Unless the regulatory agency revises its determination based <br />on comments received on the proposed case closure, the Policy provides that the agency shall <br />issue a closure letter as specified in Health and Safety Code section 25296.10. The closure letter <br />may be issued only after the expiration of the 60-day comment period, proper destruction or <br />maintenance of monitoring wells or borings, and removal of waste associated with investigation <br />and remediation of the site. <br />Health and Safety Code section 25299.57, subdivision (1)(1) provides that claims for <br />reimbursement of corrective action costs that are received by the Fund more than 365 days <br />after the date of a closure letter or a Letter of Commitment, whichever occurs later, shall not be <br />reimbursed unless specified conditions are satisfied. A Letter of Commitment has already been <br />issued for the claim subject to this order and the respective Fund claimant, so the 365-day <br />timeframe for the submittal of claims for corrective action costs will start upon the issuance of <br />the closure letter. <br />2