California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations › Article 4 - The Fund › Section 2811 - Permitting and Other Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  owner or operator of an underground storage tank or a residential tank for
				  which a permit is required under section
				  25284
				  of the Health and Safety Code shall be entitled to reimbursement for eligible
				  corrective action, regulatory technical assistance, and third party
				  compensation costs if all of the following are met:
(1) There was an unauthorized release of
				  petroleum from the underground storage tank or residential tank.
(2)
(A)
				  Except as provided in subdivision (B), the claimant has complied with the
				  permit requirements of chapter 6.7 (commencing with section
				  25280).
(B) If the underground storage tank or
				  residential tank that is the subject of the claim was installed before January
				  1, 1990, and the claimant owned or operated the tank before January 1, 1990,
				  the claimant must have obtained any permit required by Health and Safety Code,
				  division 20, chapter 6.7, or filed a substantially complete application for any
				  required permit on or before January 1, 1990. If the claimant did not obtain or
				  file for a permit required by Health and Safety Code section
				  25284
				  on or before January 1, 1990, then the claimant may seek a waiver of the
				  requirement to obtain a permit, as set forth in subdivisions
				  1. and 2. below.
1. For claims filed before January 1, 1994, a
				  claimant may obtain a waiver of the requirement to obtain a permit required by
				  Health and Safety Code section
				  25284
				  if the claimant owned or operated the tank before January 1, 1990, and
				  demonstrates to the satisfaction of the Division that obtaining or applying for
				  a permit was beyond the claimant's reasonable control, or that under the
				  circumstances of the particular case, it would be unreasonable or inequitable
				  to impose the requirement to obtain a permit. Any claimant who obtains a waiver
				  of the requirement to obtain a permit pursuant to this subdivision shall pursue
				  with reasonable diligence and obtain any permit required by Health and Safety
				  Code, division 20, chapter 6.7.
2.
				  For claims filed on or after January 1, 1994, and for claims filed before
				  January 1, 1994, but where the claimant is not granted a waiver pursuant to
				  subdivision
				  1. above, a claimant may obtain a
				  waiver of the requirement to obtain a permit required by Health and Safety Code
				  section
				  25284
				  if the claimant owned or operated the tank before January 1, 1990, and
				  demonstrates all of the following to the satisfaction of the Division:
a. The claimant was unaware prior to January
				  1, 1990, of the requirement to obtain a permit, and the claimant did not
				  intentionally avoid the requirement or associated fees at any time.
b. Before submitting the application to the
				  Fund, the claimant complied with the financial responsibility requirements set
				  forth in section
				  25299.31
				  of the Health and Safety Code.
c.
				  Before submitting the application to the Fund, the claimant paid for and
				  obtained any currently required permit.
d. Before submitting the application to the
				  Fund, the claimant paid all currently due fees, interest, and penalties imposed
				  pursuant to Health and Safety Code, division 20, chapter 6.75, article 5
				  (commencing with section
				  25299.40) and Revenue and Taxation
				  Code, division 2, part 26 (commencing with section
				  50101) for the underground storage
				  tank that is the subject of the claim.
(C) A claimant to whom the Division grants a
				  waiver pursuant to subdivision (B)2. shall obtain a level of financial
				  responsibility in an amount twice as great as the amount that the claimant is
				  otherwise required to obtain pursuant to section
				  25299.32
				  of the Health and Safety Code. The Division may waive the requirements of this
				  subdivision if the claimant can demonstrate that the conditions specified in
				  subdivisions (B)2.a., b., c., and d. above were satisfied before the release
				  resulting in contamination. That demonstration may be made through a
				  certification issued by the permitting agency based on site and underground
				  storage tank tests at the time of permit application, or in any other manner
				  acceptable to the Division.
(3) The claimant has complied with any
				  applicable financial responsibility requirements.
(4) On or after January 1, 1988, the claimant
				  was required to perform corrective action pursuant to Health and Safety Code,
				  division 20, chapter 6.7, Water Code, division 7, or section
				  25299.37
				  of the Health and Safety Code. If the claimant knew of the unauthorized release
				  of petroleum that is the subject of the claim before January 1, 1988, and
				  failed to initiate corrective action on or before June 30, 1988, then the
				  claimant may not file a claim against the Fund.
(5) Any corrective action performed before
				  December 2, 1991, was performed in accordance with Health and Safety Code,
				  division 20, chapter 6.7 and Water Code, division 7. Any corrective action
				  performed on or after December 2, 1991, was performed in accordance with
				  California Code of Regulations, title 23, division 3, chapter 16, article 11.
				  Any corrective action performed was performed in accordance with the written or
				  oral directives of the appropriate regulatory agency. If oral directives are
				  relied upon, the claimant shall provide a written statement from the regulatory
				  agency certifying that the directives were issued or other verification as may
				  be acceptable to the Division.
(6)
				  The claimant paid all currently due fees, interest, and penalties imposed
				  pursuant to Health and Safety Code, division 20, chapter 6.75, article 5
				  (commencing with section
				  25299.40) and Revenue and Taxation
				  Code, division 2, part 26 (commencing with section
				  50101) for the underground storage
				  tank that is the subject of the claim.