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 3 - Financial Responsibility Requirements › Section 2809.1 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Owners and operators must maintain evidence of all mechanisms used to
				  demonstrate financial responsibility in accordance with the provisions of this
				  article until the provisions of this article no longer require such
				  maintenance. Such evidence must be maintained at the underground storage tank
				  site or sites or the owner or operator's place of business.
(b) Evidence of all mechanisms used, other
				  than a chief financial officer's letter utilized pursuant to subdivision (c) of
				  section 2808.1, shall be maintained in
				  accordance with the requirements of the Federal Act. A copy of any chief
				  financial officer's letter used pursuant to subdivision (c) of section
				  2808.1 must be maintained on file
				  at the underground storage tank site(s) or the owner or operator's place of
				  business within 5 days after execution of the letter. The copy of such letter
				  shall be maintained so long as the owner or operator continues to use the
				  letter to demonstrate financial responsibility and must be maintained in
				  addition to the certification provided for in subdivision (c) of this
				  section.
(c) An owner or operator
				  using a mechanism allowed by this article must maintain an updated copy of a
				  certification of financial responsibility worded as follows, except that
				  instructions in brackets are to be replaced with the relevant information and
				  the brackets deleted:
CERTIFICATION OF FINANCIAL RESPONSIBILITY
[Owner or operator] hereby certifies that [owner or
					 operator] is in compliance with the requirements of section
					 2807, article 3, chapter 18,
					 division 3, title 23, California Code of Regulations.
The mechanisms used to demonstrate financial responsibility
					 as required by section
					 2807 are as follows:
[List the facility and address, each type of mechanism,
					 name of issuer, mechanism number (if applicable), amount of coverage, effective
					 period of coverage, and whether the mechanism covers taking corrective action
					 and/or compensating third parties for bodily injury and property damage]
[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]
The owner or operator must update this certification
					 whenever the mechanisms used to demonstrate financial responsibility
					 change.
1. New
					 section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in
					 effect uninterrupted pursuant to Health and Safety Code section
					 25299.77
					 (Register 92, No. 9).
2. Editorial correction of printing errors in
					 HISTORY 1. (Register 92, No. 43).
3. Amendment of section and NOTE
					 filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.31
						and
						25299.33,
						Health and Safety Code.