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 2812.2 - Eligible and Ineligible Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board may only reimburse from the Fund reasonable and necessary corrective
				  action, regulatory technical assistance, and third party compensation costs
				  that are incurred by or on behalf of a claimant.
(b) In order to be reimbursable from the
				  Fund, the corrective action work undertaken must be acceptable to the
				  appropriate regulatory agency.
(c)
				  The Board will review court-approved settlements to assure that awarded costs,
				  including third party compensation costs, are eligible.
(d) Regulatory agency oversight costs of
				  corrective action work are eligible costs.
(e) The following are ineligible corrective
				  action and regulatory technical assistance costs:
(1) attorney fees or other legal costs,
				  except those to provide regulatory technical assistance;
(2) interest or any finance charge;
(3) any cost associated with removal, repair,
				  retrofit, or installation of an underground storage tank, residential tank, or
				  the equipment associated with an underground storage tank or residential
				  tank;
(4) any cost associated with
				  supervision by a claimant of corrective action;
(5) the cost of soil density tests that are
				  not directly related to the corrective action which is the subject of the
				  claim;
(6) the cost of
				  environmental audits or pre-purchase agreements unless performed as part of
				  corrective action;
(7) the cost of
				  testing for non-hydrocarbon contamination that is not associated with
				  corrective action which is the subject of the claim;
(8) the cost of abandonment of wells not
				  directly impacted by the unauthorized release and not installed or used for
				  corrective action purposes;
(9) the
				  cost of blacktop or concrete replacement or repair not directly associated with
				  corrective action;
(10) the cost of
				  demolition of buildings except when it can be demonstrated to the Division's
				  satisfaction to be necessary to implement the most cost effective corrective
				  action option;
(11) the cost of
				  repairs, remodels, or reconstruction of buildings or other
				  improvements;
(12) the cost of
				  monitoring devices to detect hydrocarbon contamination in soil, the vadose
				  zone, or water to the extent that they are not used for corrective
				  action;
(13) the cost of small
				  tools except as required for corrective action;
(14) the cost of purchase of equipment,
				  unless the claimant can demonstrate that the purchase of equipment is more cost
				  effective than leasing or renting;
(15) any consequential costs incurred as a
				  result of corrective action such as, but not limited to, loss of rents or
				  business;
(16) the added costs of
				  implementing a corrective action alternative that is not the most
				  cost-effective alternative to achieve cleanup levels identified as necessary by
				  the regulatory agency;
(17) the
				  costs of corrective action incurred to clean up the property beyond cleanup
				  levels identified as necessary by the regulatory agency;
(18) corrective action costs incurred by the
				  claimant before January 1, 1988;
(19) regulatory technical assistance costs
				  incurred before January 1, 1997;
(20) regulatory technical assistance costs in
				  excess of $3,000 per occurrence submitted with a reimbursement request received
				  by the Fund on or after January 1, 2000;
(21) costs associated with resubmitting an
				  application or reimbursement request to the extent the costs are incurred in
				  response to a finding of noncompliance with the application or reimbursement
				  requirements contained in this chapter; and
(22) any other costs not directly related to
				  corrective action, including but not limited to costs associated with filing of
				  appeals and petitions.