reglab/statecodes huggingface dataset:
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 6 - Petitions for Site Closure › Section 2814.7 - Action by the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board shall send a copy of the petition to the regulatory agency overseeing
				  corrective action at the site and notify the agency that the record relative to
				  the case and any agency response to the petition must be received by the Board
				  within 20 days of the date of the letter of notification. The regulatory agency
				  overseeing corrective action at the site will also be notified that a list of
				  persons, if any, known by the regulatory agency to have an interest in the
				  subject matter of the petition must be received by the Board within 10 days of
				  the date of the letter of notification.
(b) Upon receipt of a list of interested
				  persons, the Board will notify those persons, the current site owner, the
				  owners of adjacent property, and the appropriate regional board if it has not
				  already been notified as the regulatory agency overseeing corrective action at
				  the site, that any response to the petition by an interested person must be
				  received by the Board within 20 days of the date of the letter of
				  notification.
(c) The regulatory
				  agency shall send a copy of its response, if any, to the petitioner. All other
				  respondents shall send copies of their responses to the petitioner and the
				  regulatory agency. The deadline for filing a response to the petition or
				  submitting the record may be extended by the Board.
(d) Following review of the petition, the
				  record, and all responses to the petition, the Board may:
(1) if a case is under the jurisdiction of a
				  regional board or local agency that is implementing a local oversight program
				  pursuant to Health and Safety Code section
				  25297.1,
				  close the case or remand the case to the regulatory agency for action
				  consistent with the Board decision;
(2) if a case is under the jurisdiction of a
				  regulatory agency that is not implementing a local oversight program pursuant
				  to Health and Safety Code section
				  25297.1,
				  recommend that the case be closed;
(3) deny the request to require or recommend
				  that the case be closed;
(4) refuse
				  to review the request that the case be closed if the petition fails to raise
				  substantial issues that are appropriate for review by the Board; or
(5) take such other action as the Board deems
				  appropriate.
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 6 - Petitions for Site Closure › Section 2814.8 - Board Workshop and Meeting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board may discuss a proposed order in response to a petition for site closure
				  in a public workshop prior to formal action at a Board meeting.
(1) At the workshop, the Board may invite
				  comments on the proposed order from interested persons. These comments shall be
				  based solely upon factual material contained in the record or upon legal
				  argument.
(2) If the petitioner or
				  an interested person desires to submit factual material not contained in the
				  record before the Board, the person may make this request to the Board prior to
				  or during the workshop. This request shall include a description of the
				  material, and a statement and supporting argument that the material was
				  improperly excluded from the record or an explanation of the reasons why the
				  person could not previously submit the factual material. If the Board in its
				  discretion approves the request, the person requesting consideration of the
				  material must submit the material in writing to the Board and all other
				  interested persons within five days of such approval. The submittal shall be
				  accompanied by a notification to all other interested persons that they will be
				  allowed an additional five days from the submittal date to file responsive
				  comments in writing. The person requesting consideration of the material shall
				  file with the Board a copy of the notification to other interested
				  persons.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.20 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context clearly requires otherwise, the terms
					 used in this article shall have the following meanings:
"Affiliates"
(a)
				  Affiliates means persons who have one or more of the following relationships
				  with each other:
(1) Familial
				  relationship.
(2) Fiduciary
				  relationship.
(3) A relationship of
				  direct or indirect control or shared interests.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.21 - Other Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context clearly requires otherwise, any term
					 used in this article that is not defined in section
					 2814.20 has the same meaning as
					 defined in section
					 2804.
1. New
					 section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-22-2006 as an emergency; operative
					 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be
					 transmitted to OAL by 7-26-2006 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006
					 (Register 2006, No. 30).
4. Repealer and new section filed
					 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.11.5-
						25299.24
						and
						25299.50.2,
						Health and Safety Code.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.22 - Types of Grants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant may apply for an assessment grant, cleanup grant, or both from the
				  Orphan Site Cleanup Fund. An applicant may apply for both an assessment grant
				  and a cleanup grant on a single application.
(b) Assessment grants provide funding for
				  response actions that characterize, assess, and investigate an unauthorized
				  release from an underground storage tank. These actions include a preliminary
				  site assessment and soil and water investigation and the preparation of a
				  corrective action plan in accordance with California Code of Regulations, title
				  23, chapter 16, article 11. Assessment grants may also provide funding for
				  underground storage tank system removal, free product removal, and soil
				  excavation, not to exceed 500 cubic yards at the eligible site.
(c) Cleanup grants provide funding for
				  response actions that carry out cleanup activities and include implementing a
				  corrective action plan and verification monitoring, in accordance with
				  California Code of Regulations, title 23, chapter 16, article 11. If a
				  corrective action plan is required, the Board shall not award a cleanup grant
				  to an applicant until the applicant demonstrates the corrective action plan is
				  complete and approved by the regulatory agency overseeing the response actions
				  at the eligible site, but the applicant may apply for a cleanup grant before
				  completion and approval of the corrective action plan.
1. New
					 section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-22-2006 as an emergency; operative
					 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be
					 transmitted to OAL by 7-26-2006 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-22-2006 order, including amendment of subsections (a) and (c),
					 transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No.
					 30).
4. Repealer and new section filed 9-16-2009; operative
					 10-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code Reference: Sections
						25296.10,
						25299.50.2,
						25322,
						25323
						and
						25323.3,
						Health and Safety Code.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.23 - Eligible Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person may apply to the Orphan Site Cleanup Fund for a
					 grant to pay for costs of response actions that relate to an unauthorized
					 release from an underground storage tank at an eligible site if all of the
					 following conditions are met:
(a) The
				  applicant did not cause or contribute to the unauthorized release from the
				  underground storage tank.
(b) The
				  applicant and any person who caused or contributed to the unauthorized release
				  from the underground storage tank are not affiliates.
(c) The applicant does not satisfy the
				  eligibility criteria contained in sections
				  25299.54
				  and
				  25299.57
				  of the Health and Safety Code for the eligible site.
(d) The applicant owns the eligible site or
				  otherwise has authority to access and perform response actions at the eligible
				  site.
1. New
					 section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-22-2006 as an emergency; operative
					 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be
					 transmitted to OAL by 7-26-2006 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-22-2006 order, including amendment of subsection (c), transmitted to
					 OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4.
					 Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009,
					 No. 38).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.50.2,
						Health and Safety Code.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.24 - Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant may receive a grant from the Orphan Site Cleanup Fund for reasonable
				  and necessary costs of response actions that relate to an unauthorized release
				  from an underground storage tank at an eligible site if a financially
				  responsible party, other than the applicant if the applicant is a responsible
				  party, has not been identified to pay for response actions to remediate the
				  harm caused by the unauthorized release. When determining if a responsible
				  party is financially able to pay for response actions to remediate the harm
				  caused by the unauthorized release from an underground storage tank, the Board
				  shall consider the following factors:
(1) The
				  estimated cost of response actions to remediate the harm caused by the
				  unauthorized release. If the applicant does not provide a reasonable cost
				  estimate, the Board shall consider the cost of response actions at sites
				  involving a similar unauthorized release from an underground storage
				  tank.
(2) The responsible party's
				  income and assets.
(3) The
				  responsible party's insurance coverage for response actions to remediate the
				  harm caused by the unauthorized release from the underground storage
				  tank.
(4) Other financial
				  assistance available to the responsible party for response actions to remediate
				  the harm caused by the unauthorized release from the underground storage
				  tank.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.25 - Grant Conditions and Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board may pay from the Orphan Site Cleanup Fund reasonable and necessary costs
				  of response actions that relate to an unauthorized release from an underground
				  storage tank at an eligible site if all of the following conditions are met:
(1) The costs of response actions are
				  incurred on or after January 1, 2005, and are incurred by or on behalf of the
				  applicant.
(2) Either of the
				  following is met:
(A) The regulatory agency
				  responsible for overseeing response actions at the eligible site directs or
				  approves response actions.
(B)
				  Response actions are required as part of the site development
				  process.
(3) The response
				  actions are necessary to protect human health, safety, and the environment, and
				  are performed in accordance with applicable laws, including Health and Safety
				  Code, division 20, chapter 6.7, Water Code, division 7, and California Code of
				  Regulations, title 23, division 3, chapter 16.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.26 - Double Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant may not receive payment from the Orphan Site
					 Cleanup Fund for response actions that have been or will be paid or otherwise
					 compensated from another source. For purposes of this article, a reduction in
					 the applicant's cost to acquire an eligible site shall not be considered
					 compensation from another source. If an applicant has or will receive
					 compensation for costs of response actions from another source, the Board shall
					 apply California Code of Regulations, title 23, chapter 18, article 4, section
					 2812.3 to determine the amount of
					 double payment, if any. However, any reference in section
					 2812.3 to the claimant, the Fund,
					 and corrective action shall, for the purposes of this article, be deemed a
					 reference to the applicant, the Orphan Site Cleanup Fund, and response actions,
					 respectively.
1. New
					 section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-22-2006 as an emergency; operative
					 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be
					 transmitted to OAL by 7-26-2006 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006
					 (Register 2006, No. 30).
4. Repealer and new section filed
					 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.50.2,
						Health and Safety Code.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.27 - Priority Ranking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications received by the Board on or before 45 days after the effective
				  date of this section will be ranked in the following order of priority:
(1) Applications for a grant to complete
				  assessment, cleanup, or both that are submitted by applicants who applied for
				  and received a grant for the same site from the Underground Storage Tank
				  Petroleum Contamination Orphan Site Cleanup Subaccount. These applications will
				  be ranked according to their order of priority on the Underground Storage Tank
				  Petroleum Contamination Orphan Site Cleanup Subaccount Priority List, adopted
				  on April 5, 2006, and amended effective November 22, 2006, February 9, 2007,
				  March 23, 2007, May 14, 2007, and October 16, 2007.
(2) Applications from applicants who applied
				  for a grant from the Underground Storage Tank Petroleum Contamination Orphan
				  Site Cleanup Subaccount and were on the Underground Storage Tank Petroleum
				  Contamination Orphan Site Cleanup Subaccount Priority List, Amendment Number 6,
				  effective October 16, 2007, but did not receive a grant. These applications
				  will be ranked according to their order of priority on the Underground Storage
				  Tank Petroleum Contamination Orphan Site Cleanup Subaccount Priority List,
				  Amendment Number 6, effective October 16, 2007.
(3) Except as provided in subdivision (c),
				  all other applications will be ranked as if received on the same date. These
				  applications will be randomly ranked to determine the order of
				  priority.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.29 - Priority List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 60 days of receipt of a complete application, the Board will conduct a
				  review of the application to determine if the application is eligible. If the
				  application is eligible, the Board shall issue to the applicant a notice of
				  eligibility and place the application on the priority list.
(b) At least once each calendar year, the
				  Board will adopt a revised priority list. The Board will place on a revised
				  priority list only those applications determined eligible prior to adoption of
				  a revised list.
(c) The Board will
				  not incorporate into a revised priority list those applications from the
				  previous priority list for which a grant agreement exists between the Board and
				  the applicant.
(d) Except as
				  provided in section
				  2814.27, subdivision (c):
(1) Applications that are carried over from a
				  previous priority list will retain their previous ranking on any revised
				  priority list; and
(2) New
				  applications added to a revised priority list will be ranked below applications
				  that are carried over from the previous priority list.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.30 - General Procedures for Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After the Board issues a notice of eligibility to the applicant, the Board and
				  the applicant shall enter into a grant agreement.
(1) The applicant shall submit a proposed
				  scope of work and budget for response actions that are the subject of the
				  grant. The scope of work shall include a brief and quantified description of
				  the tasks to be performed. The budget shall include the following information
				  for each task: total amount, breakdown of the estimated number of hours, job
				  classification and hourly rate of personnel performing the task, subcontractor
				  charges, and any other information reasonably required by the Board to finalize
				  the scope of work and budget.
(2)
				  For cleanup grants, the applicant shall submit at least three responsive
				  proposals or bids in accordance with section
				  2814.31.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.32 - Effect of Placement on Priority List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Management of Priority List and Payments.
(a) Placement of an application on the
				  priority list does not constitute a commitment to pay eligible costs claimed.
				  That commitment occurs only when the Board and the applicant enter into a grant
				  agreement.
(b) Applications on the
				  priority list generally will be processed and paid according to the ranking of
				  the application on the priority list. However, to assure equitable, effective,
				  and timely use and expenditure of available funds from the Orphan Site Cleanup
				  Fund, the Board reserves the right at any time to:
(1) Modify the order of processing, payment,
				  and approval of applications; or
(2) Modify the ranking of applications in
				  accordance with section
				  2814.27, subdivision
				  (c).
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.33 - Removal from the Priority List and Resubmission of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  application that has been placed on the priority list may be removed if:
(1) The applicant is not in compliance with
				  any of the applicable requirements of this article, Health and Safety Code,
				  division 20, chapter 6.7, California Code of Regulations, title 23, division 3,
				  chapter 16, or any provision of the Water Code under which the applicant is
				  required to take response actions for an unauthorized release from an
				  underground storage tank;
(2) The
				  applicant fails to provide necessary documentation or information, or refuses
				  to provide access to the eligible site that is the subject of the application
				  to a regulatory agency; or
(3) The
				  information submitted with the application contains a material
				  error.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.34 - Verification of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants shall verify under penalty of perjury that all
					 statements, documents, and certifications contained in or accompanying an
					 application are true and correct to the best of the applicant's knowledge. This
					 shall include all statements and documents submitted during the active life of
					 the application. If an applicant discovers information that creates a material
					 error in any statement, document, or certification previously submitted by the
					 applicant, the applicant shall submit the new information to the Board within
					 30 days of discovering the new information.
1. New
					 section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-22-2006 as an emergency; operative
					 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be
					 transmitted to OAL by 7-26-2006 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006
					 (Register 2006, No. 30).
4. Repealer and new section filed
					 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.50.2,
						Health and Safety Code.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.35 - Intentional or Reckless Acts; Disqualification of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding any other provision of this article, response costs that result
				  from the gross negligence or the intentional or reckless acts of the applicant
				  or an agent, servant, employee or representative of the applicant, are not
				  eligible for funding from the Orphan Site Cleanup Fund.
(b) The Board may disqualify an application
				  and may bar the application and any other application submitted by the
				  applicant from further participation in the Orphan Site Cleanup Fund at any
				  time if it is found that any application submitted by the applicant contains a
				  material error that was a result of misrepresentation, fraud, or other
				  misconduct on the part of the applicant.
1. New
					 section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-22-2006 as an emergency; operative
					 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be
					 transmitted to OAL by 7-26-2006 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006
					 (Register 2006, No. 30).
4. Repealer and new section filed
					 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.50.2,
						Health and Safety Code.
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.36 - Overpayment; Repayment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant that obtains payment from the Orphan Site Cleanup Fund as a result of
				  a material error in the application or another submitted document shall repay
				  to the Board the amount of funds paid to the applicant.
(b) Any payment made to the applicant to
				  which applicant is not entitled must be repaid to the Board immediately upon
				  knowledge or notice that such a payment has been made and, in any event, not
				  later than 30 days after a written request for repayment by the
				  Board.
(c) Money repaid to the
				  Board pursuant to this section shall be deposited in the Orphan Site Cleanup
				  Fund established by section
				  25299.50.2
				  of the Health and Safety Code.
1. New
					 section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-22-2006 as an emergency; operative
					 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be
					 transmitted to OAL by 7-26-2006 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006
					 (Register 2006, No. 30).
4. Repealer and new section filed
					 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code Reference: Section
						25299.50.2,
						Health and Safety Code
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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund › Section 2814.37 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board denies the application, the applicant shall
					 have no right to administratively appeal the decision, but may reapply at any
					 time. An applicant may not reapply if the previously-denied application or any
					 other information submitted to the Board by the applicant contained a material
					 error that was a result of misrepresentation, fraud, or other
					 misconduct.
1. New
					 section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-22-2006 as an emergency; operative
					 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be
					 transmitted to OAL by 7-26-2006 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006
					 (Register 2006, No. 30).
4. Repealer and new section filed
					 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.50.2,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 19 - Certification Under the California Pollution Control Financing Authority Act [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				Subchapter 19 (Sections
				2800 through
				2811) filed 9-5-81; effective
				thirtieth day thereafter (Register 80, No. 36). For prior history see Register
				74, No. 10.
Note: Authority cited: Section
				  1058, Water
				  Code. Reference: Section
				  39615,
				  Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 1 - General › Section 2815 - Authority and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The standards contained herein are prescribed by the State
					 Board pursuant to Chapter 6 (commencing with Section
					 775) of Division 3 of the Harbors
					 and Navigation Code. The purpose of these standards is to establish criteria
					 for the design, construction, operation, and maintenance of pumpout facilities
					 for the removal of sewage from vessel sewage retention devices.
1. New
					 Subchapter 20 (Sections
					 2815-2829, not consecutive) filed
					 9-3-76; effective thirtieth day thereafter (Register 76, No. 36).
2.
					 Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
					 85, No. 40).
Note: Authority cited: Sections
						775,
						775.5,
						776,
						778,
						783
						and
						784,
						Harbors and Navigation Code. Reference: Chapter 6 (commencing with Section
						775), Division 3, Harbors and
						Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 1 - General › Section 2816 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to this
					 subchapter.
(a) "Pumpout facility"
				  means any facility or other means used to transfer sewage from a vessel sewage
				  retention device aboard a vessel to storage and/or disposal
				  facilities.
(b) "Sewage retention
				  device" means any equipment on board a vessel which is designed to receive and
				  retain sewage.
1. New
					 subsection (e) filed 8-6-81; effective thirtieth day thereafter (Register
					 81,No. 32).
2. Order of Repeal of subsections (b-d) filed 6-3-85 by
					 OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
3.
					 Amendment filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
					 40).
Note: Authority cited: Sections
						775.5
						and
						778,
						Harbors and Navigation Code. Reference: Section
						775.5,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 1 - General › Section 2817 - Application of Regulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 2 - Design and Construction › Section 2819 - Pumpout Facility Design and Use

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The pumpout facility must be designed or utilized such that
					 all sewage transferred from vessel marine sanitation devices is stored or
					 disposed of in a manner approved by the appropriate Regional Water Quality
					 Control Board and in accordance with local ordinances.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
					 40).
2. Editorial correction (Register 95, No. 33).
Note: Authority cited: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code. Reference: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 2 - Design and Construction › Section 2820 - Prevention of Leakage and Spillage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All pumpout facilities shall be designed and constructed in
					 such a manner that there shall be no leakage or spillage of sewage.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code. Reference: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 2 - Design and Construction › Section 2821 - Pump Design Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pumps provided at the pumpout facility for the transfer of
					 waste from vessel to the pumpout facility and from the pumpout facility to the
					 disposal system shall:
(a) Be of
				  self-priming and non-clogging design.
(b) Be of sufficient size and capacity to
				  complete the transfer operation in a reasonable amount of time when operating
				  against the maximum anticipated head.
(c) Be designed and installed to prevent
				  leakage or spillage.
(d) Be
				  designed and installed to meet all safety requirements.
(e) Be constructed of corrosion-resistant
				  material.
The pumps may be either of fixed or portable type
					 installation.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code. Reference: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 2 - Design and Construction › Section 2822 - Storage Tank Design Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Storage tanks used to store pumpout waste shall:
(a) Be designed and constructed to allow for
				  complete emptying of contents into a disposal system or waste haulers
				  tank.
(b) Be equipped with a means
				  of determining the amount of sewage in the tank.
(c) Be equipped with a means of preventing
				  backflow from the storage tank into the pumpout system.
(d) Be designed and constructed to prevent
				  overflow or spillage.
(e) Be
				  designed and installed to protect against a 1-in-100 year flood.
(f) Be constructed of material capable of
				  withstanding solar radiation and chemical action of freshwater, saltwater,
				  chemical additives and sewage without excessive deterioration.
(g) Be designed and constructed such that the
				  sewage enters the tank above maximum storage level.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code. Reference: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 2 - Design and Construction › Section 2823 - Design Requirements for Piping and Hoses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All piping/hosing used in the design and construction of a
					 pumpout system shall:
(a) Be designed
				  to withstand any pumping pressure or vacuum encountered without leakage;
				  and
(b) Be constructed of material
				  capable of withstanding solar radiation and chemical action of freshwater,
				  saltwater, chemical additives, and sewage without excessive deterioration.
All fittings shall be of corrosion-resistant material and
					 shall be so constructed and installed as to ensure a water-tight seal. All
					 pumpout systems shall be designed and constructed to have a minimum capability
					 of pumping out vessel marine sanitation devices having 1 1/2-inch fittings. The
					 system shall be designed and constructed to prevent leakage when transferring
					 or when the system is disconnected. This would normally require a minimum of
					 four valves; one on each side of the pump, plus one at the storage tank, and
					 one at the vessel holding tank connection.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
					 40).
2. Editorial correction of printing error in subsection (b)
					 (Register 94, No. 26).
Note: Authority cited: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code. Reference: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 2 - Design and Construction › Section 2824 - Pumpout Facility Water Supply Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The pumpout facility shall be designed and constructed such
					 that a water supply is available at appropriate locations for flushing and
					 cleaning of vessel holding tanks and storage tanks. The water supply shall be
					 protected against back-siphonage of waste into the water system by a backflow
					 prevention device meeting the standards established by the State Board of
					 Public Health in Group 4 (commencing with Section
					 7583), Subchapter 1, Chapter 5,
					 Part 1 of Title 17 of the California Administrative Code.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code. Reference: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 3 - Operation and Maintenance › Section 2827 - Operation and Maintenance Instructions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A set of operation and maintenance instructions shall be
					 prepared and used in the operation of the pumpout facility. The operation and
					 maintenance instructions shall be available for inspection at the pumpout
					 facility and if found to be deficient by the staff of the Regional Board, the
					 instructions shall be corrected within 30 days.
(a) The operation instructions shall have a
				  detailed explanation of valve positions when the system is transferring sewage
				  and when the system is not being used.
(b) The operation and maintenance
				  instructions shall include methods which will be used to isolate portions of
				  the system for maintenance and repair.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code. Reference: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 3 - Operation and Maintenance › Section 2828 - Prevention of Leakage and Spillage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All pumpout facilities shall be operated and maintained in
					 such a manner that there shall be no leakage or spillage of sewage.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						777
						and
						778,
						Harbors and Navigation Code. Reference: Section
						777,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20 - Standards for the Removal of Sewage from Vessels › Article 3 - Operation and Maintenance › Section 2829 - Inspection and Maintenance Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The entire pumpout system shall be inspected by the
					 operator at regular intervals not exceeding six months and any worn components
					 replaced. The Regional Board staff shall inspect the facility at regular
					 intervals not to exceed one yea.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code. Reference: Sections
						775,
						776,
						777
						and
						778,
						Harbors and Navigation Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 20.1 - Designation of Marine Terminals to Provide Adequate Sewage Retention Device Pumpout Facilities › Article 1 - General Provisions › Section 2831 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Chapter 6 (commencing with Section
					 775) of Division 3 of the Harbors
					 and Navigation Code the State Board shall, as needed for the protection of
					 water quality, require any person lawfully vested with the possession,
					 management, or control of a marine terminal to provide adequate vessel sewage
					 retention device pumpout capability, at locations which are convenient and
					 accessible to vessel users.
It is the intent of these regulations to provide a standard
					 method of determining which marine terminals shall be required to install and
					 operate pumpout facilities.
1. New
					 Subchapter 20.1 (Articles 1-2, Sections
					 2831-2836) filed 8-11-77;
					 effective thirtieth day thereafter (Register 77, No. 33).
2.
					 Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
					 32).
3. Amendment of NOTE filed 10-1-85; effective thirtieth day
					 thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						776
						and
						778,
						Harbors and Navigation Code. Reference: Section
						776,
						Harbors and Navigation Code.