STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 99 - 069 AMENDMENT OF THE CIRCLE K CORPORATION SETTLEMENT FUND PRIORITY LIST - AMENDMENT NO. 5
WHEREAS:

1. Through bankruptcy proceedings, the Circle K Corporation 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 the 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;

4. The SWRCB has established procedures for administering the Circle K Settlement Trust Fund, which was created by virtue of the SWRCB's authority expressed in Section 25299.50;

5. The SWRCB adopted its initial Circle K Annual Priority List on May 18, 1994;

6. The amended Circle K Annual Priority List includes 44 claims submitted after July 17,1998 (the date Amendment No. 4 was adopted) but prior to June 1, 1999. Claims will be paid in priority order.

7. It is estimated that approximately $784,700.00 is available for claim payments for Fiscal Year (FY) 1999-2000. 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 Annual Priority List to add 44 claims, and authorizes the Underground Storage Tank Cleanup Fund to process and pay claims in priority order.

CERTIFICATION 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 15, 1999.

/s/
Maureen Marché
Administrative Assistant to the Board

[UST Cleanup Fund Circle K Annual Priority List copies available by calling: 1-800-813-3863]