WHEREAS:

1. Through bankruptcy proceedings, Circle K Corporation has abandoned numerous petroleum underground storage tank (UST) sites in California and many of the USTs have leaked petroleum into the soil and groundwater;

2. Under a settlement agreement executed between the State Water Resources Control Board (SWRCB) and Circle K Corporation (effective July 26, 1993), California was awarded approximately $3.9 million, to be provided in seven annual payments, to pay landlords and other persons for costs associated with tank removal and cleanup at designated sites;

3. Section 25299.50 of Article 6 of Chapter 6.75, Division 20, California Health and Safety Code authorizes the SWRCB to create accounts within the Underground Storage Tank Cleanup Fund (USTCF);

4. The SWRCB has established procedures (Water Quality APM Chapter 20) for administering the Circle K Settlement Fund, which was created by virtue of the SWRCB's authority expressed in Section 25299.50;

5. The SWRCB adopted its initial priority list on May 18, 1994;

6. The amended priority list includes 59 claims submitted after July 23, 1996 (the date Amendment No. 2 was adopted) but prior to June 1, 1997. Claims will be paid in rank order.

7. It is estimated that approximately $463,000 is available for claim payments for Fiscal Year (FY) 1997-98. This is sufficient funding to pay all claims listed on the amended claims list.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board hereby amends the Circle K priority list to add 59 claims, and authorizes the Division of Clean Water Programs to process and pay claims in priority order.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on July 17, 1997.

/s/___________________________________

Maureen Marchè

Administrative Assistant to the Board