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 3 - Financial Responsibility Requirements › Section 2808.1 - Use of Fund to Meet Financial Responsibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As
				  an alternative to, or in conjunction with, demonstration of financial
				  responsibility in the manner and through use of other mechanisms authorized by
				  the Federal Act, an owner or operator may demonstrate financial responsibility
				  of up to $1 million through use of the Fund. In order to use the Fund as a
				  basis for demonstration of financial responsibility for taking corrective
				  action and for compensating third parties for bodily injury and property
				  damage, an owner or operator must at all times:
(1) demonstrate financial responsibility of
				  at least the following amount per occurrence and per annual aggregate coverage
				  exclusive of the Fund:
Claim Priority Class
Financial Responsibility
Pursuant to Section
							 2811.1
Amount
Priority Class A
$-0-
Priority Class B
$ 5,000
Priority Class C
$ 5,000
Priority Class D
$10,000
If a waiver is granted pursuant to section
					 2811, subdivision (a)(2)(B),
					 demonstrate financial responsibility of at least twice the above amounts per
					 occurrence and per annual aggregate coverage, exclusive of the
					 Fund.
(2) demonstrate
				  financial responsibility for an additional $1 million, exclusive of the Fund if
				  the owner or operator is required to comply with the provisions of section
				  2807, subdivision (a)(4);
				  and
(3) maintain eligibility to
				  participate in the Fund.
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 2808.2 - Fund Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  owner or operator using the Fund to demonstrate financial responsibility shall
				  be liable for all costs of corrective action, third party compensation, and
				  regulatory technical assistance.
(b) Provided that an owner or operator is in
				  compliance with applicable financial responsibility requirements and meets all
				  requirements for payment from the Fund, and subject to the availability of
				  funds, the Fund will reimburse the owner or operator as follows:
(1) for the reasonable and necessary cost of
				  corrective action, third party compensation, and regulatory technical
				  assistance incurred by the owner or operator up to an amount not to exceed
				  $1,000,000 for each occurrence, less the applicable financial responsibility
				  limits set forth in section
				  2808.1, subdivision (a)(1) of this
				  chapter; and
(2) after the Fund has
				  reimbursed an owner or operator the maximum amount specified in subdivision
				  (b)(1) of this section, up to an additional $500,000 for each occurrence for
				  the reasonable and necessary cost of corrective action and regulatory technical
				  assistance in excess of the amount specified in subdivision (b)(1) of this
				  section.
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 2808.3 - Fund Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 subsection (b)
					 filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52).
					 Notwithstanding Chapter 3.5 (commencing with section
					 11340) of Part 1 of Division 3 of
					 Title 2 of the Government Code, this section shall not be repealed by OAL and
					 shall remain in effect until revised by the State Water Resources Control
					 Board, pursuant to Health and Safety Code section
					 25299.77,
					 subdivision (b).
4. New subsection (b) and subsection relettering,
					 amendment of newly designated subsection (c), new subsection (d) and subsection
					 relettering, and amendment of newly designated subsection (e) filed 8-8-96;
					 operative 8-8-96 pursuant to Government Code section
					 11343.4(d)
					 (Register 96, No. 32).
5. Renumbering of section
					 2808.3 to section
					 2808.2 filed 10-27-2000; operative
					 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.32(a),
						25299.57(a) and
						(d),
						25299.58,
						25299.59(e)
						and
						25299.77,
						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 3 - Financial Responsibility Requirements › Section 2809 - Reporting by Owner or Operator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  owner or operator shall notify the appropriate regulatory agency, in writing,
				  of compliance with the financial requirements of this article within 45 days of
				  the appropriate date specified in section
				  2806.1. An owner or operator shall
				  notify the appropriate regulatory agency of compliance with financial
				  responsibility when applying for an initial permit to operate a new underground
				  storage tank containing petroleum. Thereafter, at the time of permit renewal,
				  an owner or operator shall notify the appropriate regulatory agency of
				  continued compliance with the requirements of this article.
(b) An owner or operator must submit a copy
				  of the financial responsibility mechanism or mechanisms being used by the owner
				  or operator, and otherwise document current compliance with financial
				  responsibility requirements, upon request of the appropriate regulatory agency
				  under any of the following conditions:
(1)
				  within 30 days after the owner or operator identifies an unauthorized release
				  of petroleum which is required to be reported under the California Code of
				  Regulations, title 23, division 3, chapter 16, article 5; or
(2) as required by the Federal
				  Act.
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 2809.2 - Additional Financial Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Division or an appropriate regulatory agency may
					 require an owner or operator to submit evidence of financial responsibility or
					 other information relevant to compliance with this article at any time.
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.
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 2810 - Types of Costs Reimbursed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  claimant may submit a claim to the Fund for the reimbursement of the following
				  types of costs incurred due to an occurrence:
(1) corrective action costs incurred for work
				  performed on or after January 1, 1988;
(2) third party compensation costs;
(3) regulatory technical assistance costs
				  incurred for work performed on or after January 1, 1997; or;
(4) any combination of the foregoing types of
				  costs.
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 2810.1 - Eligible Claimants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Only a current or former owner or operator of an underground storage tank or
				  residential tank who has paid or will pay for the costs for which reimbursement
				  from the Fund is requested may file a claim against the Fund. In order to file
				  a request for reimbursement of third party compensation costs, the owner or
				  operator must be eligible to file a request for reimbursement of corrective
				  action costs for the site at which the unauthorized release occurred, and the
				  judgment, arbitration award, or settlement must have been entered or approved
				  after January 1, 1988.
(b)
				  Notwithstanding subdivision (a), a person who owns a site may file a claim
				  against the Fund if:
(1) an unauthorized
				  release requiring corrective action previously occurred at the site;
(2) the site was the subject of completed
				  corrective action;
(3) as a result
				  of the corrective action identified in subdivisions (b)(1) and (b)(2), a
				  regulatory agency issued a closure letter stating that no further action was
				  required at the site;
(4) the
				  person who completed the corrective action identified in subdivisions (b)(1)
				  and (b)(2) was eligible for reimbursement from the Fund and filed a claim with
				  the Fund;
(5) reimbursements by the
				  Fund for earlier claims at the site did not exceed the amount of reimbursement
				  authorized by section
				  2808.2, subdivision (b) of this
				  chapter; and
(6) a regulatory
				  agency requires additional corrective action at the site due to additionally
				  discovered contamination from the previous unauthorized
				  release.
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 2810.2 - Ineligibility of Cost Prior to January 1, 1988. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. Repealer filed 10-27-2000;
					 operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.55(c),
						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 4 - The Fund › Section 2810.3 - Intentional or Reckless Acts; Ineligibility of Costs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. Repealer filed 10-27-2000;
					 operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.61,
						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 4 - The Fund › Section 2811.1 - Claim Priority Classes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board will assign each acceptable claim to one of the following priority
				  classes:
(1) Class A--Claims by owners of
				  residential tanks as defined in article 2 of this chapter.
(2) Class B--Claims by owners and operators
				  of underground storage tanks who meet the definition of a small business as
				  defined in article 2 of this chapter, and cities, counties, districts, and
				  nonprofit organizations that have total annual revenues of not more than
				  $7,000,000. In determining the amount of a nonprofit organization's annual
				  revenues, only those revenues directly attributable to the particular site
				  which is the subject of the claim will be calculated.
(3) Class C--Claims by owners and operators
				  of underground storage tanks who own or operate a business that employs fewer
				  than 500 full-time and part-time employees, is independently owned and
				  operated, and is not dominant in its field of operation, and claims by cities,
				  counties, districts, and nonprofit organizations that have less than 500
				  full-time and part-time employees. In determining the number of employees
				  employed by a nonprofit organization, only those full-time and part-time
				  employees employed at the site that is the subject of the claim will be
				  calculated.
(4) Class D--Claims by
				  all other owners and operators of underground storage
				  tanks.
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 2811.3 - Fund Application Requirements; Reimbursement Requests for Third Party Compensation Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Fund application for reimbursement of third party
					 compensation costs shall contain the following:
(a) the information described in section
				  2811.2, subdivisions (a) through
				  (h) and, if applicable, subdivisions (
l
) and (m);
(b) a certification that the claimant meets
				  all applicable eligibility requirements set forth in section
				  2811 of this chapter;
(c) a certified or verified copy of the
				  judgment, court-approved settlement, or arbitration award pursuant to which the
				  claimant seeks reimbursement;
(d)
				  an agreement by the claimant that the Board may conduct an audit of any claim
				  honored by the Board and that the claimant will reimburse the Board for any
				  disallowance of costs occasioned by such an audit. The claimant must also agree
				  to retain all records pertaining to the claim for a period of at least three
				  years after final payment on the claim, and to provide the records to the Board
				  upon request. The three-year period shall be extended until the completion of
				  any audit in progress.
(e) any
				  other information or supporting documentation reasonably required by the
				  Division to determine the eligibility, reimbursable amount due, and appropriate
				  priority class of the claim.
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 heading
					 filed 8-8-96; operative 8-8-96 pursuant to Government Code section
					 11343.4(d)
					 (Register 96, No. 32).
4. Amendment of section and NOTE filed
					 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5.
					 Amendment of section heading, first paragraph, subsection (a) and NOTE filed
					 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.13,
						25299.37(a), (b) and
						(e),
						25299.52(a)-(b),
						25299.54(a)-(d),
						25299.55,
						25299.57(a), (b),
						(d) and (f),
						25299.58
						and
						25299.59(c),
						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 4 - The Fund › Section 2811.4 - Pre-Approval of Corrective Action Proposals or Bids; Assistance with Contractor and Consultant Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Where a claimant seeks pre-approval of a proposal or bid for preparing a
				  workplan or corrective action plan as specified in the California Code of
				  Regulations, title 23, division 3, chapter 16, article 11, the claimant shall
				  submit copies of all proposals or bids received for preparing the workplan or
				  corrective action plan.
(b) Where a
				  claimant seeks pre-approval of corrective action proposals or bids for
				  implementing a workplan or corrective action plan, the claimant shall submit
				  the following:
(1) a copy of the workplan or
				  corrective action plan prepared as specified in the California Code of
				  Regulations, title 23, division 3, chapter 16, article 11;
(2) a copy of a letter or other written
				  materials that demonstrate to the Division's satisfaction that the appropriate
				  regulatory agency has directed that a workplan or corrective action plan be
				  prepared, and that the regulatory agency has concurred with the workplan or
				  corrective action plan;
(3) copies
				  of all proposals or bids that the claimant received from contractors or
				  consultants for conducting the work specified in the workplan or corrective
				  action plan. If the claimant has obtained fewer than three proposals or bids,
				  the claimant must submit a written request that the Division waive the three
				  bid requirement pursuant to section
				  2812.1 of this chapter. The
				  request must include an explanation as to why the three bid requirement is
				  unnecessary, unreasonable or impossible to comply with under the circumstances
				  pertaining to the claim; and
(4)
				  other information the Division deems necessary.
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 - General Procedures for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board will issue eligible claimants a letter of commitment that will obligate
				  funds for eligible corrective action costs, regulatory technical assistance
				  costs, third party compensation costs, or any combination of the foregoing.
				  Issuance of a letter of commitment does not guarantee that the costs claimed in
				  the application are eligible or will be reimbursed by the Fund.
(b) After being issued a letter of
				  commitment, a claimant may submit a request for reimbursement of costs incurred
				  to date.
(c) A claimant may submit
				  reimbursement requests on an on-going basis for eligible costs provided that
				  the requests are for $10,000 or more, and not made more than once a month
				  except for final payment.
(d)
				  Reimbursement requests must include invoices and auxiliary documentation that
				  demonstrate to the Division's satisfaction that the corrective action and
				  regulatory technical assistance costs claimed by a claimant are eligible.
				  Invoices must include, at a minimum, all of the following:
(1) a brief description of the work
				  performed;
(2) the date when the
				  work was performed;
(3) the
				  consultant's or contractor's name and address;
(4) the name or initials of the person
				  performing the work;
(5) the job
				  classification or title and hourly rate of the person performing the
				  work;
(6) the hours charged for
				  each task per day;
(7) the cost
				  amount of the work performed;
(8)
				  if the invoice is for telephone calls or meetings and is submitted to support a
				  request for reimbursement of regulatory technical assistance costs, then the
				  invoice must identify the subject of the telephone calls or meetings and the
				  person contacted; and
(9) if the
				  invoice identifies typical overhead costs (such as clerical support, copying
				  costs, postage costs, and telephone costs) as distinct costs, then
				  documentation should be submitted explaining why these costs are not included
				  in the billed rate.
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 2812.3 - Double Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  claimant may not receive reimbursement from the Fund for corrective action,
				  regulatory technical assistance, or third party compensation costs that have
				  been or will be reimbursed from another source.
(b) If a claimant receives compensation for
				  corrective action, regulatory technical assistance, or third party compensation
				  costs from the Fund and also receives compensation from a source other than the
				  Fund for the same costs, the claimant will remit to the Fund an amount equal to
				  the sum disbursed from the Fund on account of such costs.
(c) If a claimant has received compensation
				  (such as a settlement payment or a reduction in the cost to acquire an interest
				  in real property) from another source, the Division shall determine whether the
				  claimant will receive a double payment if the Fund reimburses the claimant's
				  corrective action, regulatory technical assistance, or third party compensation
				  costs. If the claimant can demonstrate that the compensation was for costs
				  other than corrective action, regulatory technical assistance, or third party
				  compensation costs, the Division shall not consider the compensation to be a
				  double payment. For that demonstration the claimant must submit to the
				  Division, for its review, all of the following documents:
(1) the written contract (e.g., a settlement
				  agreement) or judgment requiring the payment of compensation to the
				  claimant.
(2) the pleadings in any
				  underlying lawsuit, demands or any other request for compensation that relates
				  to the compensation paid to the claimant.
(3) the claimant's documentation of actual,
				  ascertainable costs to which the payment of compensation reasonably may be
				  attributed based on the documents described in subdivisions (1) and (2) above.
				  The Division will not allocate the payment to costs that are
				  unsubstantiated.
(4) any other
				  information or supporting documentation reasonably required by the Division to
				  explain the purpose(s) of the compensation received by the
				  claimant.
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 2812.4 - Intentional or Reckless Acts; Ineligiblity of Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any other provision of this article,
					 corrective action costs, regulatory technical assistance costs, and third party
					 compensation costs that result from the gross negligence or the intentional or
					 reckless acts of the claimant or an agent, servant, employee or representative
					 of the claimant, are not eligible for reimbursement from the Fund.
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 filed 12-27-94 as an
					 emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter
					 3.5 (commencing with section
					 11340) of Part 1 of Division 3 of
					 Title 2 of the Government Code, this section shall not be repealed by OAL and
					 shall remain in effect until revised by the State Water Resources Control
					 Board, pursuant to Health and Safety Code section
					 25299.77,
					 subdivision (b).
4. Repealer and new section filed 10-27-2000;
					 operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.61,
						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 4 - The Fund › Section 2812.5 - Reimbursement Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) The Board may not reimburse from the Fund
				  more than $1,000,000 per occurrence less the claimant's level of financial
				  responsibility as set forth in section
				  2808.1 of this chapter.
(2) Notwithstanding subdivision (a)(1) of
				  this section, if the Board has already reimbursed a claimant the maximum amount
				  specified in subdivision (a)(1) of this section, the Board may reimburse from
				  the Fund up to an additional $500,000 per occurrence for reasonable and
				  necessary corrective action and regulatory technical assistance
				  costs.
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 2812.6 - Verification of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Claimants shall verify under penalty of perjury that all
					 statements, documents and certifications contained in or accompanying a claim
					 are true and correct to the best of the claimant's knowledge. This shall
					 include all statements and documents submitted during the active life of the
					 claim.
1. New
					 section filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No.
					 52). Notwithstanding Chapter 3.5 (commencing with section
					 11340) of Part 1 of Division 3 of
					 Title 2 of the Government Code, this section shall not be repealed by OAL and
					 shall remain in effect until revised by the State Water Resources Control
					 Board, pursuant to Health and Safety Code section
					 25299.77,
					 subdivision (b).
2. Amendment of section heading, 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: Section
						25299.55(a),
						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 4 - The Fund › Section 2812.7 - Submission and Receipt of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A claimant may hand-deliver claims to the Board or submit
					 claims by mail. A claimant shall not submit claims by facsimile or through
					 other electronic means.
1. New
					 section filed 8-8-96; operative 8-8-96 pursuant to Government Code section
					 11343.4(d)
					 (Register 96, No. 32).
2. Repealer and new section filed 10-27-2000;
					 operative 11-26-2000 (Register 2000, No. 43).
Note: Authority: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.55,
						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 4 - The Fund › Section 2812.8 - Disqualification of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may disqualify a claim and may bar the claim from
					 further participation in the Fund at any time during the active life of the
					 claim if it is found that the claimant has made a misrepresentation.
1. New
					 section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.55
						and
						25299.56(a),
						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 4 - The Fund › Section 2813 - Creation of Priority Lists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 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 claims received at
				  least 30 days prior to adoption of a revised list and for which the Board has
				  not issued a letter of commitment.
(b) Within 60 days of receipt of a new,
				  completed Fund application that was not included on the previous priority list,
				  the Division will conduct a review of the claim to determine if the claim is
				  eligible.
(c) The Board will not
				  incorporate into a revised priority list those claims from the previous
				  priority list for which a letter of commitment has been issued.
(d) Claims which are carried over from a
				  previous priority list will retain their previous ranking within their
				  respective priority class on any revised priority list. New claims added to any
				  priority class on any revised priority list will be ranked below claims that
				  are carried over from the previous priority list within that class, and the new
				  claims will be ranked in the order of receipt. New claims received on the same
				  day will be randomly ranked.
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 subsection (a)
					 filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52).
					 Notwithstanding Chapter 3.5 (commencing with section
					 11340) of Part 1 of Division 3 of
					 Title 2 of the Government Code, this section shall not be repealed by OAL and
					 shall remain in effect until revised by the State Water Resources Control
					 Board, pursuant to Health and Safety Code section
					 25299.77,
					 subdivision (b).
4. Repealer and new section filed 10-27-2000;
					 operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of
					 subsection (b) and NOTE filed 7-6-2004; operative 8-5-2004 (Register 2004, No.
					 28).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.13,
						25299.52(a)-(b)
						and
						25299.55,
						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 4 - The Fund › Section 2813.1 - Effect of Placement on Priority List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Placement of a claim on the priority list does not constitute a commitment to
				  reimburse eligible costs claimed. Such a commitment will be deemed to occur
				  only when a letter of commitment is issued that specifically commits funds to a
				  claim.
(b) Claims on the priority
				  list will generally be processed and paid according to priority class and the
				  ranking of claims within each priority class. To the extent practicable, all
				  claims within a higher priority class will be processed and paid before any
				  claims in a lower priority class.
(c) Reimbursement to a claimant on a site
				  that has been reopened pursuant to section
				  2810.1, subdivision (b) of this
				  chapter will be made when funds are available as follows:
(1) If the original claim has not been issued
				  a letter of commitment, then the claim on the reopened site shall be placed on
				  the priority list with the same priority class and rank as the original
				  claim.
(2) If the original claim
				  has been issued a letter of commitment, then a letter of commitment will be
				  issued for the reopened site ahead of all other claims on the 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 4 - The Fund › Section 2813.2 - Management of Priority Lists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To assure equitable, effective, and timely use and
					 expenditure of available Fund monies, the Board reserves the right at any time
					 to:
(a) modify the order of
				  processing, payment and approval of claims against the Fund;
(b) modify the ranking of claims within any
				  priority class, provided, however, that such action will only be taken after
				  public hearing;
(c) transfer a
				  claim to its correct priority class if the claim has been inappropriately
				  assigned to a priority class. The claim will be placed on the list in
				  accordance with the date on which the claim was received;
(d) determine that a claim that is on the
				  priority list shall receive no further funding or shall be reduced in rank or
				  priority class if the claimant fails to pursue completion of corrective action
				  with reasonable diligence;
(e)
				  waive any non-statutory requirements pertaining to processing, payment or
				  approval of claims.
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. Renumbering of former section
					 2813.2 to new section
					 2813.1 and renumbering of former
					 section 2813.3 to new section
					 2813.2, including 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
						25299.52,
						25299.55
						and
						25299.57(d)(2)-(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 4 - The Fund › Section 2813.3 - Removal from the Priority List; Suspension and Rejection of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  claim that has been placed on the priority list may be removed if:
(1) the claimant is not in compliance with
				  any of the applicable requirements of this chapter, the California Code of
				  Regulations, title 23, division 3, chapter 16, Health and Safety Code, division
				  20, chapters 6.7 or 6.75, or any provision of the Water Code under which the
				  claimant is required to take corrective action in response to an unauthorized
				  release of petroleum from an underground storage tank or a residential tank;
				  or
(2) the claimant fails to
				  provide necessary documentation or information, or refuses to provide access to
				  the site that is the subject of the claim to a regulatory agency; or
(3) the information submitted with the claim
				  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 4 - The Fund › Section 2813.4 - Removal from the Priority List. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 subsection (b)
					 filed 8-8-96; operative 8-8-96 pursuant to Government Code section
					 11343.4(d)
					 (Register 96, No. 32).
4. Renumbering of former section
					 2813.4 to section
					 2813.3 filed 10-27-2000; operative
					 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Sections
						25299.37(a)-(c),
						25299.52(a),
						25299.54(a), (b) and
						(d),
						25299.55,
						25299. 57(a), (d)(2)-(3),
						25299.58(b)(3)-(4) and 25299.77, 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 5 - Request for Review, Appeal, and Petition Process › Section 2814 - Fund Manager Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  claimant who disagrees with a decision rendered by Division staff may request
				  review of the decision by the Fund Manager.
(b) A request for review by the Fund Manager
				  must be accompanied by all material that the claimant wishes to be considered
				  by the Fund Manager, and by the Division Chief and the Board in any subsequent
				  review by the Division Chief or Board. The request for review must include the
				  following information:
(1) a statement
				  describing how the claimant is damaged by the prior staff decision. This
				  section shall be entitled "Claimant's Grievance";
(2) a description of the remedy or outcome
				  desired. This section shall be entitled "Remedy Requested";
(3) an explanation why the claimant believes
				  the staff decision is erroneous, inappropriate or improper. This section shall
				  be entitled "Statement of Reasons"; and
(4) a completed reimbursement request when
				  the subject of the request is non-payment of a specific
				  cost.
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 5 - Request for Review, Appeal, and Petition Process › Section 2814.1 - Final Division Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  claimant may appeal to the Division Chief for review of a Fund Manager
				  Decision. In addition, a claimant who disagrees with a decision rendered by
				  Division staff may appeal directly to the Division Chief pursuant to this
				  section, as an alternative to requesting review by the Fund Manager. A claimant
				  who chooses to request review by the Fund Manager must receive a Fund Manager
				  Decision before appealing to the Division Chief.
(b) An appeal to the Division Chief must be
				  accompanied by all material that the claimant wishes to be considered by the
				  Division Chief, and by the Board in any subsequent review by the Board. The
				  appeal must include the following information:
(1) a statement describing how the claimant
				  is damaged by the Fund Manager Decision or prior staff decision. This section
				  shall be entitled "Claimant's Grievance";
(2) a description of the remedy or outcome
				  desired. This section shall be entitled "Remedy Requested";
(3) an explanation why the claimant believes
				  the Fund Manager Decision or prior staff decision is erroneous, inappropriate,
				  or improper. This section shall be entitled "Statement of Reasons";
				  and
(4) a completed reimbursement
				  request when the subject of the appeal is non-payment of a specific
				  cost.
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 5 - Request for Review, Appeal, and Petition Process › Section 2814.2 - Petition for Board Review and Response by the Division Chief

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  claimant may petition the Board for review of a Final Division
				  Decision.
(b) A petition for Board
				  review shall contain the following:
(1) the
				  name and address of the petitioner;
(2) a copy of the Final Division Decision
				  that the Board is requested to review;
(3) an explanation why the claimant believes
				  the Final Division Decision is erroneous, inappropriate, or improper;
(4) a statement describing how the petitioner
				  is damaged by the Final Division Decision; and
(5) a description of the remedy or outcome
				  desired.
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 5 - Request for Review, Appeal, and Petition Process › Section 2814.3 - Defective Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the Board's receipt of a petition which does not
					 comply with section
					 2814.2 of this chapter, the Board,
					 through its Chief Counsel, will advise the petitioner of the manner in which
					 the petition is defective and allow a reasonable time within which an amended
					 petition may be filed. If the Board does not receive a properly amended
					 petition within the time allowed, the petition shall be dismissed.
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 subsection (d) and
					 NOTE filed 8-8-96; operative 8-8-96 pursuant to Government Code section
					 11343.4(d)
					 (Register 96, No. 32).
4. Renumbering of former section
					 2814.3 to new section
					 2814.4 and renumbering of former
					 section 2814.2 to new section
					 2814.3, including amendment of
					 section, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note: Authority cited: Section
						25299.77,
						Health and Safety Code. Reference: Section
						25299.56,
						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 5 - Request for Review, Appeal, and Petition Process › Section 2814.4 - Action by the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  response to the petition, the Board may:
(1)
				  refuse to review the petition if it is late or fails to raise substantial
				  issues which are appropriate for Board review;
(2) affirm the final decision that the Board
				  has been requested to review;
(3)
				  set aside or modify the final decision that the Board has been requested to
				  review; or
(4) 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 5 - Request for Review, Appeal, and Petition Process › Section 2814.5 - 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 review of a
				  Final Division Decision 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 Division Chief, 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 6 - Petitions for Site Closure › Section 2814.6 - Filing of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  underground storage tank or residential tank owner or operator or other
				  responsible party who believes that the corrective action plan for the site has
				  been satisfactorily implemented, but who has not been granted closure of the
				  site, may petition the Board for review of the case, whether or not the
				  petitioner is eligible for reimbursement from the Fund pursuant to Health and
				  Safety Code section
				  25299.54.
(b) Prior to petitioning the Board for
				  review, an underground storage tank or residential tank owner or operator or
				  other responsible party must do both of the following:
(1) remove free product to the maximum extent
				  practicable; and
(2) request and be
				  denied case closure from the regulatory agency that is overseeing corrective
				  action at the site. The denial must be signed by the regional board's Executive
				  Officer or, if a local agency is overseeing corrective action, by the
				  Environmental Health Director, or equivalent. If the petitioner filed a request
				  for closure, and if within 60 days of the date of the request for closure the
				  regulatory agency neither acts on the request nor informs the petitioner of
				  when the regulatory agency will act, the inaction of the regulatory agency will
				  be deemed to constitute a denial of the request.