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HomeMy WebLinkAbout101 19TH ST (2) -�4 State Water Resources Control Board`'' V Division of Financial Assistance 1001 1 Street Sacramento,CaliAmija 95814 xr;% Linda S.Adams P.O. Bux 944212•Sacranwntu,Calilornia•9,1244-2 1 2 0 .�"•s (916)341-5761t FAX(916)341-5800. www.wawrbu;ids.ca.guv lwatcr__issues/pru�rams/iisic17 1'`dmunrlG. l3ruwn.,Jr. I c Irrrt .Sc crrlure-fur l` vo I•.nvrrurrrnerNul!'rulrclrun •• - • IIIIIIIIIIIIIIIIIIII 31 January 13, 2011 IE Boun Ly 1631 17th.St Bakersfield, CA 93309 UNDERGROUND STORAGE TANK CLEANUP FUND (FUND), FINAL STAFF DECISION TO REJECT CLAIM: CLAIM NO. 019580; FOR SITE ADDRESS: 101 19TH ST, BAKERSFIELD On October 11, 2010, a "Staff Decision to Reject Claim" was sent to you (copy enclosed). The letter informed you that your claim is not eligible for placement on the Fund.'s Priority List, and stated the reason(s) for that determination. The letter also informed you that if you did not respond within sixty (60) calendar days from the.date of the letter, the'decision to reject the claim would become final and conclusive. Since you did not exercise your right to submiVa'dditiohal information within the time specified your claim is not eligible fo'r participation;'inlfhe•Fund. Section 2811.2 of the Fund Regulations states, in part: "A Fund application for . reimbursement"of corrective action;`c' osts shall conta;ih:the'following: (a)... (n)' any other information or'supporting documentation reasonably required by the Division to determine the eligibility, reimbursable amount due, or appropriate priority class of the claim." NOTE: The sections cited are found in the Petroleum Underground Storage Tank Cleanup Fund Regulations, Title 23, Division 3, Chapter 18, of-the California Code of Regulations, or Petroleum Underground Storage Tank Cleanup Fund Statutes, California Health and Safety Code (H&SC), Division 20, Chapter 6.75. If you disagree with this Final Staff Decision, you may appeal to the Fund Manager pursuant to Section 2814 of the Petroleum Underground Storage Tank Cleanup Fund Regulations. If you would like review of the decision.by the Fund Manager, please submit your request along with'any`additional documentation to: John Russell, P.G., Fund Manager, Claim #019580 Underground Storage•TanklCle' anup Fund State Water Resources Confrol,Bdard +IIIIIIII+11111IIII' 32 IE Califbrahi Environmental Protection Agency — p. Kecyrh,cl Pvper- JW 1� Boun Ly -2- .,.Claim 19580 Division of Financial Assistance P.O. Box 944212 Sacramento, CA 94244-2120 A request to the Fund Manager must include, at a minimum: (1) a•statement describing how the claimant is damaged by the prior Staff Decision; (2) a description of the remedy or outcome desired;.and (3) an explanation of why the claimant believes the Staff Decision is erroneous, inappropriate or improper. . If you do not request a review by the .Fund Manager within thirty (30) calendar days from the date of this letter, the Final Staff Decision will then become final and conclusive. If you have any questions, please me at-(916) 341-5761. Sincerely, `LA Barbara Rempel Claims Review Unit Underground Storage Tank Gleanup'Fund� Enclosure' (1) cc: Mr. John Noonan Mr. Howard Wines RWQCB, Reg. 5 - Fresno ,. City'of Bakersfield Fire Dept. 1685 E. Street 1501 Truxtun Ave Fresno, CA 93706 - 2020 Bakersfield, CA 93301-4831 Gayle McKnight v, Complete Business Services ' 1631 17" St. Bakersfield, CA 93301 Ca/ilornia Environmental Protection Agency Qa Recycled Paper State Water Resources "Control Board Division of Financial Assistance IOU I Street•SucrSmcniti,California 95814 I'.0. Box 944212 Sacranxnty,Calilvrniu•04244-2120 Linda S.,1tl;uus (916)341-5761. VAX(9 16)341-;806. www.wator boards.ca.guv/watcr_issucs/prugrants/uslcl7 Arnuld Scluw:u°icnrkk.e1. Jcc'n•hrr':y/ur i,ir•,'rir•,r h.irvn•urtrat irral NruleCli�r October 11, 2010 r , Boun Ly 1631 17th St . Bakersfield, CA 93309 UNDERGROUND STORAGE TANK CLEANUP FUND (FUND), STAFF DECISION TO REJECT CLAIM: CLAIM NUMBER 01958'0; FOR SITE ADDRESS: 101 19TH ST, BAKERSFIELD After reviewing your claim application and supporting documents submitted to the Fund, we find that your claim is ineligible for placement on the Priority List. All the required documentation and/or information necessary to make an eligibility determination were not submitted. The following documentation and information is missing and must be submitted to determine your eligibility for placement on the Priority List: • In the latest revision to page one of your claim application you changed your mailing information. Please complete the enclosed Address Change form. This form should be used whenever you chan9e your address/contact information. Also, in number..9• of this page you,listed the "In Care of" as Gayle:McKnight (which is already;listed in. • number 14). It appears that number 9 would .be `,.,Complete'Business Services",, according to the letterhead on the response letters we have received (if this is where you want your mail from the Fund sent—see'highlights on the enclosed Address Change form). • Claimants are required to:have current financial,responsibility documents on file with the local regulatory agency. Enclosed is the.financial responsibility information for your. review. Please note that you are not exempt from Financial Responsibility and therefore must revise page 18 of the claim application appropriately (the mechanisms you checked in number 4 are either unacceptable and/or incomplete; refer to enclosed instructions/examples). If all USTs were removed and not replaced by the appropriate compliance deadlines, you would not be subject to financial responsibility; however this does not appear to be the case with this site because the USTs were removed on 4/22/08 and replaced. Please complete and submit the original financial responsibility documents to the local regulatory agency and forward a copy to the Fund. Any questions regarding financial responsibility should be directed to Ginny Lagomarsino at (916) 341-5722. • Provide a copy of the latest UST "operating permit" issued by the local regulatory agency prior to the UST "removal permit";dated 4/18/08) (it should be dated after. C"wilui-nia F,nVit-Ulllnrnral Pi`w.�&Iarj Agency Boun Ly 2- Claim19580 6/30/03 & before the 4/18/08 removal permit), for the USTs that are the subject of the claim application. No documentation has been provided to indicate that the USTs were properly permitted between the dates of 6/3/03 and 4/18/08. You have provided the following: 1. an Upgrade Certification-(No. 00869) dated 2/12/02; 2. a permit (#015-000-001856) with no issue date & with an expiration date of 6/30/03; 3. a permit dated 4/22/08 (no. TR-044)(Application Closure Certification); 4. a. removal permit (no. TR=0343) dated 4/18/08-4/24/08); 5. a undated Billing & Permit:Statement (#N1-0386) for UST Modification (appears to be for newly,.instal)ed ;USTs); 6. an undated permit application"(#N1-0386) to install new USTs (1-15,000 & 1 15,000 split). • Claimant must provide the following for the purchase of the site: 1. Purchase Offer 2.' Purchase Agreement (Executed) 3. Appraisal.Report 4. Escrow Instructions • Provide a map drawn to scale that shows all underground storage tank locations, a north arrow and distances relative to the nearest public road. Include locations of all current and former USTs, waste oil tanks, fuel dispensers, products lines, vapor recovery lines, and other potential sources of contamination including, aboveground storage tanks (ASTs), lifts/hoists, sumps, etc. If the documentation and information requested above is not submitted within sixty (60) calendar days from the date of this letter, the Staff Decision will then become final and conclusive. Please note that if you respond to thiss letfbr°with.,the additional outstanding issues listed above, your file will also need to be reviewed by our technical unit (to determine if this is an eligible.release, due to previous releases at this site in 1987 & 1996 under a previous owner-Cleanup Fund claim 11591); and the file will also need to be reviewed by our tax reviewer to determine if you qualify for a priority "B" classification. If you have any questions, please contact me at (916) 341-5761. Sincerely, Barbara Rempel "Claims Review Unit Underground Storage Tank Cleanup Fund Caiilornia Environmental Protection Agenty ti �. ?Kecycled Paper