reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 3 - Financial Responsibility › Section 25299.30.

25299.30. Every owner and operator shall comply with Section 25299.31 at the time prescribed in the federal act for the establishment and maintaining of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage arising from operating an underground storage tank, or when the tank is first filled, for use, with petroleum.
(Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 3 - Financial Responsibility › Section 25299.31.

25299.31. (a) Every owner and operator shall establish and maintain evidence of financial responsibility, as provided in this article, for taking corrective action and compensating third parties for bodily injury and property damage arising from operating an underground storage tank.
(b) If the owner and the operator are separate persons, either the owner or the operator shall demonstrate compliance with subdivision (a).
(c) An owner may comply with this article by entering into an agreement with the operator of the tank requiring the operator to demonstrate compliance with subdivision (a). However, both the owner and the operator are in violation of subdivision (a) if evidence of financial responsibility is not established and maintained in accordance with this article.
(Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 3 - Financial Responsibility › Section 25299.33.

25299.33. (a) An owner and operator subject to Section 25299.30 may establish evidence of financial responsibility pursuant to this article by any one or more of the means specified in the federal act.
(b) An owner or operator shall submit evidence of financial responsibility on a prepared form to the local agency which has issued a permit for the operation of the tank pursuant to Section 25284.
(Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 3 - Financial Responsibility › Section 25299.34.

25299.34. (a) The total liability of any guarantor under this chapter is limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator pursuant to this article. This section does not limit any other state or federal statutory, contractual, or common-law liability of a guarantor to its owner or operator, including, but not limited to, the liability of the guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim.
(b) For the purposes of this section, “guarantor” means any person, including the insurance fund or the fund, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to Section 25299.31.
(Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 4 - Corrective Action › Section 25299.36.

25299.36. The board, a regional board, or a local agency may undertake or contract for corrective action in response to an unauthorized release from an underground storage tank that is subject to this chapter, pursuant to subdivision (f) of Section 25296.10 or if a situation exists that requires prompt action by the board, a regional board, or local agency to protect human health or the environment. At the request of the board or a regional board, the Department of General Services may enter into a contract on behalf of the board or a regional board and acting as the agent of the board or a regional board. Notwithstanding any other provision of law, if a situation requires prompt action by the board or a regional board to protect human health or the environment, the board or a regional board may enter into oral contracts for this work, and the contracts, whether written or oral, may include provisions for equipment rental and, in addition, the furnishing of labor and materials necessary to accomplish the work. These contracts for corrective action by the board or a regional board are exempt from approval by the Department of General Services if the situation requires prompt action to protect human health or the environment.
(Amended by Stats. 2002, Ch. 999, Sec. 33. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 4 - Corrective Action › Section 25299.39.3.

25299.39.3. The board, a regional board, or local agency shall be permitted reasonable access to property owned or possessed by an owner, operator, or responsible party as necessary to perform corrective action pursuant to Section 25299.36. The access shall be obtained with the consent of the owner or possessor of the property or, if the consent is withheld, with a warrant duly issued pursuant to the procedure described in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting public health or safety, or the environment, the board, a regional board, or local agency may enter the property without consent or the issuance of a warrant.
(Amended by Stats. 2002, Ch. 999, Sec. 42. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 5 - Fees › Section 25299.40.

25299.40. The Legislature hereby declares that the storage fees imposed by this article do not constitute a tax and are not collected for purposes of increasing state revenues pursuant to Section 3 of Article XIII A of the California Constitution.
(Repealed and added by Stats. 1990, Ch. 1366, Sec. 10. Effective September 27, 1990. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 5 - Fees › Section 25299.41.

25299.41. For the purpose of implementing this chapter, every owner of an underground storage tank for which a permit is required pursuant to Section 25284 shall pay a storage fee of six mills ($0.006) for each gallon of petroleum placed in an underground storage tank that the person owns. The fee imposed pursuant to this section shall be paid to the California Department of Tax and Fee Administration pursuant to Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code.
(Amended by Stats. 2023, Ch. 561, Sec. 2. (AB 1115) Effective January 1, 2024. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 5 - Fees › Section 25299.42.

25299.42. (a) The State Board of Equalization may adopt regulations to carry out Section 25299.41, including, but not limited to, provisions governing collections, reporting, refunds, and appeals.
(b) The State Board of Equalization shall collect the fee imposed by this article commencing on the first day of the first calendar quarter which begins more than 90 days after the effective date of the act adding this article.
(c) The State Board of Equalization shall deposit all fees collected pursuant to this article in the fund.
(Repealed and added by Stats. 1990, Ch. 1366, Sec. 14. Effective September 27, 1990. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.50.

25299.50. (a) The Underground Storage Tank Cleanup Fund is hereby created in the State Treasury. The money in the fund may be expended by the board, upon appropriation by the Legislature, for purposes of this chapter. From time to time, the board may modify existing accounts or create accounts in the fund or other funds administered by the board, which the board determines are appropriate or necessary for proper administration of this chapter.
(b) All of the following amounts shall be deposited in the fund:
(1) Money appropriated by the Legislature for deposit in the fund.
(2) The fees, interest, and penalties collected pursuant to Article 5 (commencing with Section 25299.40).
(3) Notwithstanding Section 16475 of the Government Code, any interest earned upon the money deposited in the fund.
(4) Any money recovered by the fund pursuant to Section 25299.70.
(5) Any civil or criminal penalties collected by the board or regional board pursuant to Section 25299.76, 25299.78, 25299.80, or 25299.80.5.
(6) Money recovered as compensation for expenditures associated with investigations or enforcement actions pursuant to subdivision (j) or (n) of Section 25299.51.
(7) Money recovered to correct a previously overpaid expenditure issued pursuant to this chapter.
(c) Notwithstanding subdivision (a), any funds appropriated by the Legislature in the annual Budget Act for payment of a claim for the costs of a corrective action in response to an unauthorized release, that are encumbered for expenditure for a corrective action pursuant to a letter of credit issued by the board pursuant to subdivision (e) of Section 25299.57, but are subsequently not expended for that corrective action claim, may be reallocated by the board for payment of other claims for corrective action pursuant to Section 25299.57.
(Amended by Stats. 2014, Ch. 547, Sec. 5. (SB 445) Effective September 25, 2014. Operative January 1, 2015, pursuant to Stats. 2014, Ch. 547, Sec. 34. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.50.5.

25299.50.5. Upon the repeal of Section 25299.50.3, all moneys in the School District Account and all moneys due that account shall revert to, and accrue to the benefit of, the Underground Storage Tank Cleanup Fund in the State Treasury.
(Added by Stats. 2008, Ch. 644, Sec. 3. Effective January 1, 2009. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.51.2.

25299.51.2. (a) On or before December 31, 2019, and at least once every five years thereafter, the board shall commission an independent program audit and a fiscal audit of the fund by an independent auditor.
(b) Within 90 days of the completion of the independent program audit or fiscal audit of the fund, the board shall post the results of the program audit or fiscal audit on the board’s Internet Web site.
(c)  The audit shall include a review of projected expenses and revenue for the five years subsequent to the date of the audit and shall include proposals for the appropriate amount of the fee under Section 25299.43 for that five-year period. When establishing and analyzing those proposals, the auditor may consult with appropriate agencies, including the board, the State Energy Resources Conservation and Development Commission , the State Board of Equalization, and any other entity that may provide information or analysis pertinent to implementing this subdivision.
(Amended by Stats. 2014, Ch. 547, Sec. 13. (SB 445) Effective September 25, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.51.3.

25299.51.3. (a) The board shall conduct a study to determine the cost-effectiveness and the feasability of issuing bonds to satisfy the obligations against the fund existing on the effective date of this section. The proceeds from the bonds would be used to expedite the payment of active claims and those claims on the priority list awaiting reimbursement. At a minimum, the study shall include participants from the board, the Department of Finance, the Treasurer’s office, the California Infrastructure and Economic Development Bank, and fund stakeholders, including claimant and industry representatives.
(b) The board shall, on or before March 1, 2018, post a report of the study conducted pursuant to this section on the board’s Internet Web site.
(Added by Stats. 2014, Ch. 547, Sec. 14. (SB 445) Effective September 25, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.51.4.

25299.51.4. (a) On or before June 1, 2016, the board shall conduct an analysis of whether the ranking criteria for the payment of claims pursuant to Sections 25299.57 and 25299.58, with regard to owners and operators of tanks that are small businesses, as specified in subparagraph (A) of paragraph (2) of subdivision (b) of Section 25299.52, should be revised to better achieve the goal of ranking claims based on the claimant’s ability to pay for cleanup. The board shall consider, but is not limited to consideration of, all of the following factors in its analysis:
(1) Whether single location revenues or other factors should be considered rather than aggregate affiliate income.
(2) Whether gallons of fuel throughput should be considered rather than aggregate affiliate income.
(3) Whether other factors should be considered to ensure equitable qualification under subparagraph (A) of paragraph (2) of subdivision (b) of Section 25299.52.
(b) The board shall consult with stakeholders of the Underground Storage Tank Cleanup Fund, including claimant and industry representatives, when preparing the analysis required by this section.
(c) The board shall coordinate with the State Board of Equalization and the State Energy Resources Conservation and Development Commission to obtain data collected by these agencies that would be relevant to the conduct of the analysis required by this section.
(d) Within 90 days after completing the analysis required by this section, the board shall post the results on the board’s Internet Web site.
(Added by Stats. 2014, Ch. 547, Sec. 15. (SB 445) Effective September 25, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.53.

25299.53. (a) A regional board or a local agency taking, or contracting for, corrective action pursuant to subdivision (f) of Section 25296.10 in response to an unauthorized release from an underground storage tank subject to this chapter shall, before commencing the corrective action, take both of the following actions:
(1) The regional board or local agency shall notify the board of the planned corrective action. If an owner, operator, or other responsible party is taking the corrective action in accordance with Section 25296.10, the regional board or local agency shall not initiate a corrective action pursuant to this chapter or Chapter 6.7 (commencing with Section 25280).
(2) If an owner, operator, or other responsible party is not taking or has not taken the action specified in paragraph (1), the regional board or local agency shall submit the estimated cost of the corrective action to the board, which shall approve or disapprove the reasonableness of the cost estimate. The regional board or local agency shall obtain approval of the corrective action and the cost estimate before taking, or contracting for, any corrective action.
(b) If the board approves the request of the regional board or local agency made pursuant to paragraph (2) of subdivision (a), the board shall, after making the determination specified in subdivision (c), pay for the costs of corrective action performed by a regional board, local agency, or qualified contractor.
(c) The board shall not make any payment pursuant to subdivision (b) unless the board determines that the owner, operator, or other responsible party of the tank has failed or refused to comply with a final order for corrective action issued pursuant to Section 25296.10 with respect to the unauthorized release of petroleum from the tank.
(d) Upon making any payment to a regional board or local agency pursuant to subdivision (b), the board shall recover the amount of payment pursuant to Section 25299.70.
(Amended by Stats. 2002, Ch. 999, Sec. 45. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.55.

25299.55. The board shall prescribe appropriate forms and procedures for claims filed pursuant to Section 25299.54 that shall include, at a minimum, all of the following:
(a) A provision requiring the claimant to make a sworn verification of the claim to the best of the claimant’s knowledge.
(b) A full description, supported by appropriate evidence from government agencies, of the unauthorized release of petroleum into the environment from an underground storage tank claimed to be the subject of the third-party judgment specified in Section 25299.58 or the corrective action performed pursuant to Section 25296.10.
(c) Certification by the claimant of all costs that have been, or will be, incurred in undertaking corrective action after January 1, 1988.
(Amended by Stats. 2002, Ch. 999, Sec. 47. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.59.

25299.59. (a) If the board has paid out of the fund for any costs of corrective action, the board shall not pay any other claim out of the fund for the same costs.
(b) (1) Notwithstanding Sections 25299.57 and 25299.58, for a claim filed on or before December 31, 2014, the board shall not reimburse or authorize prepayment of any claim in an aggregate amount exceeding one million five hundred thousand dollars ($1,500,000), less the minimum level of financial responsibility specified in Section 25299.32, for a claim arising from the same event or occurrence. If a claim exceeds one million dollars ($1,000,000) for an occurrence, the board may only reimburse costs submitted pursuant to Section 25299.57 for those costs in excess of one million dollars ($1,000,000).
(2) If a claim is filed on or after January 1, 2015, the board shall not reimburse or authorize prepayment of the claim in an aggregate amount exceeding one million dollars ($1,000,000), less the minimum level of financial responsibility specified in Section 25299.32, for a claim arising from the same event or occurrence.
(c) The board may conduct an audit of any corrective action claim honored pursuant to this chapter. The claimant shall reimburse the state for any costs disallowed in the audit. A claimant shall preserve, and make available, upon request of the board or the board’s designee, all records pertaining to the corrective action claim for a period of three years after the final payment is made to the claimant.
(Amended by Stats. 2014, Ch. 547, Sec. 18. (SB 445) Effective September 25, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.60.

25299.60. (a) The board shall not pay any claims against or presented to the fund pursuant to this article if the claim exceeds the total money in the fund at any one time. The board shall pay these claims only when additional money is collected, appropriated, or otherwise added to the fund. If the total claims outstanding at any time exceed the current balance of the fund, the board shall pay these claims in full to the extent authorized pursuant to this article.
(b) Any claim filed against the fund pursuant to this article may be paid only out of the fund. This chapter does not authorize the payment by the state of any additional amount with respect to any claim out of any source other than the fund.
(c) (1) Except as provided in paragraph (2), notwithstanding this article, the board shall not pay out any claims pursuant to this article to a claimant if the total amount paid to the claimant is greater than 5 percent of the total amount annually appropriated by the Legislature from the fund for purposes of paying claims pursuant to this article. For purposes of determining the total amount paid to a claimant for purposes of this section, the board shall include any payments made to any person or entity which has a relationship with the claimant specified in subsection (b) of Section 267 of Title 26 of the United States Code.
(2) The board may exempt a claim from the requirements of paragraph (1) if the board determines all of the following:
(A) The exemption would provide for an equitable and timely use of available fund moneys.
(B) The exemption would help to ensure an efficient petroleum underground storage tank cleanup program that adequately protects public health and safety and the environment.
(C) All claims subject to the exemption are awarded in accordance with the priority rankings established pursuant to Section 25299.52.
(Amended by Stats. 1993, Ch. 432, Sec. 8. Effective September 24, 1993. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.61.

25299.61. The board shall not pay any claims against or presented to the fund pursuant to this article if the claims are in connection with an unauthorized release of petroleum into the environment from an underground storage tank resulting from the gross negligence or the intentional or reckless acts of the claimant.
(Added by Stats. 1990, Ch. 1366, Sec. 26. Effective September 27, 1990. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.62.

25299.62. If funding is available, all reimbursement requests that are approved shall be forwarded to the Controller within 10 days from the date of approval, for payment by the Controller. If a reimbursement request is approved but not forwarded to the Controller because funding is unavailable at the time of approval, the claimant may seek reimbursement for carrying costs actually incurred for the approved amount pursuant to paragraph (2) of subdivision (i) of Section 25299.57.
(Amended by Stats. 2009, Ch. 649, Sec. 5. (AB 1188) Effective November 5, 2009. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6 - Underground Storage Tank Cleanup Fund › Section 25299.63.

25299.63. This article does not require any person to pursue a claim against the board pursuant to this article before seeking any other remedy. This section does not affect the requirement for exhaustion of administrative remedies before obtaining judicial review of any action of the board on a claim or petition for closure of a tank case.
(Added by Stats. 1999, Ch. 328, Sec. 21. Effective January 1, 2000. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6.5 - Performance-Based Contract › Section 25299.65.

25299.65. (a) The claimant shall submit multiple bids for a performance-based contract in accordance with paragraph (1) of subdivision (g) of Section 25299.57 and any regulations adopted by the board to implement that section.
(b) To assist claimants in soliciting bids for performance-based contract projects, the board shall advertise bid solicitations for these projects through the board’s Web site. The board shall be the receiving address for the bids, and shall offer other assistance, upon request, in accordance with the regulations adopted pursuant to this chapter. The bids shall be sealed prior to submittal to the board. This subdivision does not prevent the board from approving a performance-based contract covering multisite cleanups, if the board determines that economies of scale will assist claimants in soliciting bids or reducing overall costs.
(c) The sites for which the board may consider approving a performance-based contract include, but are not limited to, all of the following:
(1) A site that had an unauthorized release reported to the board, the regional board, or local agency five or more years ago and active remediation has not begun.
(2) A site where corrective action has been implemented for two or more years pursuant to a corrective action plan that was approved by the board, the regional board, or local agency, but that corrective action has not been effective in reducing the concentrations of the constituents of concern to the satisfaction of that board or agency.
(3) A site where corrective action costs are expected to exceed the maximum fund reimbursement amount prior to case closure.
(4) A site where the board, the regional board, or local agency has recently determined that an unauthorized release has occurred that has the potential to impact nearby receptors or otherwise cause significant impact to the waters of the state.
(5) A site where an unauthorized release of MTBE, as defined in paragraph (2) of subdivision (a) of Section 25299.97, has occurred and corrective action has not been initiated or satisfactorily conducted, as determined by the board, the regional board, or local agency, or according to any regulations adopted pursuant to Section 25296.30.
(6) A site where the board, the regional board, or local agency has determined that corrective action other than ongoing monitoring of groundwater is more likely to reduce the concentrations of constituents of concern sooner and at a lower cost.
(d) This article does not preclude a claimant from requesting board approval of a performance-based contract to conduct corrective action at the claimant’s site.
(Added by Stats. 2003, Ch. 689, Sec. 3. Effective January 1, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 6.5 - Performance-Based Contract › Section 25299.66.

25299.66. This article does not limit or abridge the powers and duties granted to the board, the regional board, or local agency pursuant to any other provision of law.
(Added by Stats. 2003, Ch. 689, Sec. 3. Effective January 1, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.70.

25299.70. (a) The board may recover any costs incurred and payable from the fund pursuant to subdivisions (c), (e), (h), and (n) of Section 25299.51 from the owner or operator of the underground storage tank which released the petroleum and which is the subject of those costs or from any other responsible party.
(b) The liability of an owner or operator shall be the full and total costs specified in subdivision (a) if the owner or operator has not complied with the requirements of Article 3 (commencing with Section 25299.30) or has violated Section 25296.10 or any corrective action order, directive, notification, or approval order issued pursuant to this chapter, Chapter 6.7 (commencing with Section 25280), or Division 7 (commencing with Section 13000) of the Water Code. The liability of a responsible party who is not an owner or operator shall be the full and total costs specified in subdivision (a).
(c) The amount of costs determined pursuant to this section shall be recoverable in a civil action. This section does not deprive a party of any defense the party may have.
(d) All money recovered by the board pursuant to this section shall be deposited in the fund.
(e) The amount of the costs constitutes a lien on the affected property upon service of a copy of the notice of lien on the owner and upon the recordation of a notice of lien, if the notice identifies the property on which the condition was abated, the amount of the lien, and the owner of record of the property, in the office of the county recorder of the county in which the property is located. Upon recordation, the lien shall have the same force, effect, and priority as a judgment lien, except that it attaches only to the property posted and described in the notice of lien, and shall continue for 10 years from the time of the recording of the notice, unless sooner released or otherwise discharged. Not later than 45 days from the date of receipt of a notice of lien, the owner may petition the court for an order releasing the property from the lien or reducing the amount of the lien. In that court action, the governmental agency that incurred the cleanup costs shall establish that the costs were reasonable and necessary. The lien may be foreclosed by an action brought by the board for a money judgment.
(Amended by Stats. 2014, Ch. 547, Sec. 19. (SB 445) Effective September 25, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.72.

25299.72. Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures of the type recoverable pursuant to this article.
(Added by renumbering Section 25299.62 by Stats. 1990, Ch. 1366, Sec. 27. Effective September 27, 1990. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.73.

25299.73. The standard of liability for any costs of corrective action recoverable pursuant to this chapter is strict liability.
(Added by renumbering Section 25299.63 by Stats. 1990, Ch. 1366, Sec. 28. Effective September 27, 1990. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.74.

25299.74. (a) No indemnification, hold harmless, conveyance, or similar agreement shall be effective to preclude any liability for costs recoverable under this article. This section does not bar any agreement to insure, hold harmless, or indemnify a party to the agreement for any costs under this chapter.
(b) The entry of judgment against any party to the action does not bar any future action by the fund against any person who is later discovered to be potentially liable for costs paid from the fund.
(c) Payment of any claim by the fund pursuant to this chapter shall be subject to the state acquiring by subrogation the rights of the claimant to recover those costs of corrective action for which it has compensated the claimant from the person responsible or liable for the unauthorized release.
(Added by renumbering Section 25299.64 by Stats. 1990, Ch. 1366, Sec. 29. Effective September 27, 1990. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.75.

25299.75. (a) Except as provided in Sections 25299.70, 25299.72, and 25299.73, this chapter does not affect or modify the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury, or loss resulting from an unauthorized release of petroleum or for corrective action or the costs of corrective action.
(b) This chapter shall not be construed as authorizing recovery for costs of corrective action resulting from any release authorized or permitted pursuant to state or federal law.
(Added by renumbering Section 25299.65 by Stats. 1990, Ch. 1366, Sec. 30. Effective September 27, 1990. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.76.

25299.76. (a) Any person who violates any requirement of Article 3 (commencing with Section 25299.30) or Article 4 (commencing with Section 25299.36) is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for each day of violation.
(b) The state or a local agency may bring an action in superior court to impose the civil penalty specified in subdivision (a).
(c) The board or a regional board may impose the civil penalty specified in subdivision (a) pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code.
(d) In determining the amount of any liability imposed under this section, the superior court, the board, or the regional board shall take into account the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the ability to pay, any prior history of violations, the degree of culpability, the economic benefits or savings, if any, resulting from the violations, and other matters as justice may require.
(e) Remedies under this section are in addition to, and do not supersede or limit, any other civil or criminal remedies, except that no civil penalties shall be recovered under this section for violations for which a civil penalty is recovered pursuant to Section 13268 or 13350 of the Water Code.
(Added by renumbering Section 25299.66 by Stats. 1990, Ch. 1366, Sec. 31. Effective September 27, 1990. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.77.

25299.77. (a) The board shall adopt regulations to implement this chapter. In adopting these regulations, the board shall ensure that the regulations are consistent with this chapter, Chapter 6.7 (commencing with Section 25280), and the requirements for state programs implementing the federal act.
(b) The adoption of any regulations pursuant to this section that are filed with the Office of Administrative Law on or before January 1, 1995, shall be deemed to be an emergency necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulation adopted by the board pursuant to this subdivision shall not be repealed by the Office of Administrative Law, and shall remain in effect until revised by the board.
(Amended by Stats. 2002, Ch. 37, Sec. 3. Effective May 10, 2002. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.79.

25299.79. The costs specified in subdivision (d) of Section 25299.51 are not recoverable pursuant to this article.
(Added by Stats. 1990, Ch. 1574, Sec. 3. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.80.

25299.80. (a) A person who makes a misrepresentation in any claim, including, but not limited to, a record, report, certification, application, invoice, form, or other document that is submitted to the fund relating to a claim, is subject to civil liability of not more than five hundred thousand dollars ($500,000) for each violation of this subdivision.
(b) Except as provided in subdivision (d), the Attorney General, upon request of the state board, shall bring an action in superior court to impose the civil liability specified in subdivision (a).
(c) Except as provided in subdivision (d), the executive director of the board may impose the civil liability specified in subdivision (a) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code.
(d) If the violation by a claimant of subdivision (a) is not knowing, willful, or intentional, the board or an authorized representative shall first issue a notice to comply pursuant to Chapter 5.8 (commencing with Section 13399) of Division 7 of the Water Code before an action may be taken pursuant to subdivision (b) or (c).
(e) In determining the amount of civil liability imposed under this section, the executive director of the board, or the court, as the case may be, shall take into account the nature, circumstance, extent, and gravity of the violation, the person’s ability to pay, any prior history of misrepresentations by the person to the board or local agency, any economic benefits or savings that resulted or would have resulted from the false statement, and other matters as justice may require.
(f) Remedies under this section are in addition to, and do not supersede or limit, any other civil, administrative, or criminal remedies.
(g) All money collected pursuant to this section shall be deposited into the fund.
(h) The board shall file a complaint with any applicable licensing board against any person licensed or otherwise regulated by that licensing board who is found to be liable under this section.
(Added by Stats. 2014, Ch. 547, Sec. 22. (SB 445) Effective September 25, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.80.5.

25299.80.5. (a) A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in support of any claim under this chapter, including, but not limited to, in an application, record, report, certification, plan, invoice, form, or other document that is submitted, filed, or required to be maintained under this chapter for purposes of a claim, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or in the state prison for 16 months, two years, or three years, or by both that fine and imprisonment.
(b) The Attorney General, upon request of the board, may bring an action in superior court to impose the criminal penalty specified in subdivision (a).
(c) Remedies under this section are in addition to, and do not supersede or limit, any other civil or criminal remedies.
(d) All funds collected pursuant to this section shall be deposited into the fund.
(e) The board shall file a complaint with any applicable licensing board against any person licensed or otherwise regulated by that licensing board who is convicted under this section.
(Added by Stats. 2014, Ch. 547, Sec. 23. (SB 445) Effective September 25, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 7 - Cost Recovery, Enforcement, and Administration › Section 25299.80.6.

25299.80.6. An action by the executive director to impose civil liability under this chapter is subject to review by the board in the same manner as provided for the review by the State Water Resources Control Board of actions of a regional board under Section 13320 of the Water Code.
(Added by Stats. 2014, Ch. 547, Sec. 24. (SB 445) Effective September 25, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 9 - Sunset Provision › Section 25299.82.

25299.82. To ensure that the phase out of the fund, as provided in Section 25299.81, is achieved in an orderly manner that enables owners and operators to maintain continuous coverage for financial responsibility obligations required by Sections 25292.2 and 25299.31 and the federal act, the board shall take the following actions:
(a) The board shall not accept claim applications submitted to the fund pursuant to Section 25299.57 or 25299.58 after January 1, 2035, unless the board finds that the unauthorized release that is the subject of the claim was discovered before January 1, 2035, and the submission of a claim application by that date was beyond the claimant’s reasonable control.
(b) The board shall not accept requests for reimbursements submitted to the fund pursuant to Section 25299.57 or 25299.58 after July 1, 2035.
(Amended by Stats. 2023, Ch. 561, Sec. 10. (AB 1115) Effective January 1, 2024. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 11 - Commingled Plume Account › Section 25299.90.

25299.90. The Legislature hereby finds and declares all of the following:
(a) Commingled plumes of petroleum contaminated groundwater involve serious water quality impacts.
(b) Unauthorized releases from underground storage tanks are a major source of commingled plumes of petroleum contaminated groundwater.
(c) Unless corrective action is performed in a coordinated manner, remedial action of commingled plumes may be ineffective.
(d) Disagreement over shared liability among parties responsible for underground storage tank leaks which contributed to commingled plumes may result in substantial expenditures for legal costs and the expense of necessary cleanup.
(e) Reimbursing claimants jointly will result in more efficient cleanups, lower total corrective action costs, and reduced legal costs for commingled plumes.
(Added by Stats. 1996, Ch. 611, Sec. 18. Effective January 1, 1997. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 11 - Commingled Plume Account › Section 25299.91.

25299.91. As used in this article, the following terms have the following meaning:
(a) “Commingled plume” means the condition that exists when groundwater contaminated with petroleum from two or more discrete unauthorized releases have mixed or encroached upon one another to the extent that the corrective action performed on one plume will necessarily affect the other. A commingled plume does not include either of the following:
(1) Contaminated groundwater plumes resulting from unauthorized releases or discharges from a single site.
(2) Soil contamination, unless it can be demonstrated that the contaminated soil is an immediate threat to groundwater.
(b) “Contributing site” means a site on which an unauthorized release or discharge of waste has occurred or is occurring and has impacted or threatens to impact groundwater.
(Added by Stats. 1996, Ch. 611, Sec. 18. Effective January 1, 1997. Repealed as of January 1, 2036, pursuant to Section 25299.81.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.75 - Petroleum Underground Storage Tank Cleanup › ARTICLE 11 - Commingled Plume Account › Section 25299.92.

25299.92. A sum not to exceed ten million dollars ($10,000,000) from Item 3940-001-0439 of Section 2.00 of the Budget Act of 1996 (Ch. 162, Stats. 1996) shall be available for expenditure for the 1996–97 fiscal year for the purposes of this article. In subsequent fiscal years, it is the intent of the Legislature that an appropriation be made in the annual Budget Act to carry out this article.
(Amended by Stats. 1997, Ch. 17, Sec. 71. Effective January 1, 1998. Repealed as of January 1, 2036, pursuant to Section 25299.81.)