BlackletterCalifornia law

CHAPTER 6.75. Petroleum Underground Storage Tank Cleanup [25299.10. - 25299.97.]

Chapter 6.75 added by Stats. 1989, Ch. 1442, Sec. 5.

§§ 25299.10–25299.97 · 79 sections

  1. ARTICLE 1. Findings and Declarations § 25299.10 · 1 section
    • § 25299.10 (a) This chapter shall be known, and may be cited, as the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989. (b) The Legislature hereby finds…
  2. ARTICLE 2. Definitions §§ 25299.11–25299.25 · 17 sections
    • § 25299.11 Unless the context indicates otherwise, the definitions in this article govern the construction of this chapter.
    • § 25299.11.5 “Adjudicative proceeding” has the same meaning as defined in Section 11405.20 of the Government Code.
    • § 25299.12 “Bodily injury” has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code and the…
    • § 25299.13 “Claim” means a submittal to the fund for the reimbursement of costs incurred due to an occurrence. A claim consists of several documents, including, but not…
    • § 25299.14 “Corrective action” includes, but is not limited to, evaluation and investigation of an unauthorized release, initial corrective actions measures, as specified…
    • § 25299.15 “Environmental impairment liability insurance” means liability insurance against liability for bodily injury, as defined in Section 25299.12, and for property…
    • § 25299.16 “Federal act” means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste…
    • § 25299.17 “Fund” means the Underground Storage Tank Cleanup Fund created pursuant to Section 25299.50.
    • § 25299.18 “MTBE” means methyl tertiary-butyl ether.
    • § 25299.19 “Occurrence” means an accident, including continuous or repeated exposure to conditions, which results in an unauthorized release of petroleum from an…
    • § 25299.20 “Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank containing petroleum. “Operator”…
    • § 25299.21 “Owner” means the owner of an underground storage tank containing petroleum. “Owner” includes any city, county, or district, or any agency or department…
    • § 25299.22 “Petroleum” means crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit…
    • § 25299.23 “Property damage” has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code and the…
    • § 25299.23.1 (a) “Site” means the parcel of real property at which an underground storage tank is located. (b) If underground storage tanks are located at adjacent parcels…
    • § 25299.24 “Tank,” “underground storage tank,” “underground tank system,” and “tank system” have the same meaning as defined in Chapter 6.7 (commencing with Section…
    • § 25299.25 For purposes of this chapter, “board,” “regional board,” “local agency,” “person,” “unauthorized release,” and “facility” shall have the same meanings as…
  3. ARTICLE 3. Financial Responsibility §§ 25299.30–25299.34 · 5 sections
    • § 25299.30 Every owner and operator shall comply with Section 25299.31 at the time prescribed in the federal act for the establishment and maintaining of financial…
    • § 25299.31 (a) Every owner and operator shall establish and maintain evidence of financial responsibility, as provided in this article, for taking corrective action and…
    • § 25299.32 (a) Except as provided in subdivision (f), a claimant who meets any of the following requirements may use the fund to establish and maintain evidence of…
    • § 25299.33 (a) An owner and operator subject to Section 25299.30 may establish evidence of financial responsibility pursuant to this article by any one or more of the…
    • § 25299.34 (a) The total liability of any guarantor under this chapter is limited to the aggregate amount which the guarantor has provided as evidence of financial…
  4. ARTICLE 4. Corrective Action §§ 25299.36–25299.39.3 · 4 sections
    • § 25299.36 The board, a regional board, or a local agency may undertake or contract for corrective action in response to an unauthorized release from an underground…
    • § 25299.38 (a) The local agency, the board, or the regional board shall advise and work with the owner, operator, or other responsible party on the opportunity to seek…
    • § 25299.39.2 (a) (1) The manager responsible for the fund shall notify tank owners or operators who have an active letter of commitment that has been in an active status…
    • § 25299.39.3 The board, a regional board, or local agency shall be permitted reasonable access to property owned or possessed by an owner, operator, or responsible party as…
  5. ARTICLE 5. Fees §§ 25299.40–25299.43 · 4 sections
    • § 25299.40 The Legislature hereby declares that the storage fees imposed by this article do not constitute a tax and are not collected for purposes of increasing state…
    • § 25299.41 For the purpose of implementing this chapter, every owner of an underground storage tank for which a permit is required pursuant to Section 25284 shall pay a…
    • § 25299.42 (a) The State Board of Equalization may adopt regulations to carry out Section 25299.41, including, but not limited to, provisions governing collections,…
    • § 25299.43 (a) To implement the changes to this chapter made by Chapter 1191 of the Statutes of 1994, and consistent with Section 25299.40, effective January 1, 1995,…
  6. ARTICLE 6. Underground Storage Tank Cleanup Fund §§ 25299.50–25299.63 · 22 sections
    • § 25299.50 (a) The Underground Storage Tank Cleanup Fund is hereby created in the State Treasury. The money in the fund may be expended by the board, upon appropriation…
    • § 25299.50.2 (a) The Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund is hereby established in the State Treasury. (b) (1) Except as provided in…
    • § 25299.50.3 (a) For purposes of this section, “school district” has the same meaning as set forth in Section 80 of the Education Code, and includes a county office of…
    • § 25299.50.5 Upon the repeal of Section 25299.50.3, all moneys in the School District Account and all moneys due that account shall revert to, and accrue to the benefit of,…
    • § 25299.50.6 (a) The Site Cleanup Subaccount is hereby established in the State Treasury. Moneys shall be deposited in the subaccount pursuant to subdivision (m) of Section…
    • § 25299.50.7 (a) The Expedited Claim Account is hereby created in the fund for expenditure by the board to pay claims that have been selected to participate in the pilot… see note
    • § 25299.51 The board may expend the moneys in the fund for all of the following purposes: (a) In addition to the purposes specified in subdivisions (c), (d), and (e), for…
    • § 25299.51.2 (a) On or before December 31, 2019, and at least once every five years thereafter, the board shall commission an independent program audit and a fiscal audit…
    • § 25299.51.3 (a) The board shall conduct a study to determine the cost-effectiveness and the feasability of issuing bonds to satisfy the obligations against the fund…
    • § 25299.51.4 (a) On or before June 1, 2016, the board shall conduct an analysis of whether the ranking criteria for the payment of claims pursuant to Sections 25299.57 and…
    • § 25299.52 (a) The board shall adopt a priority ranking list at least annually for awarding claims pursuant to Section 25299.57 or 25299.58. Any owner or operator…
    • § 25299.53 (a) A regional board or a local agency taking, or contracting for, corrective action pursuant to subdivision (f) of Section 25296.10 in response to an…
    • § 25299.54 (a) Except as provided in subdivisions (b), (c), (d), (e), (g), and (h), an owner or operator, required to perform corrective action pursuant to Section…
    • § 25299.55 The board shall prescribe appropriate forms and procedures for claims filed pursuant to Section 25299.54 that shall include, at a minimum, all of the…
    • § 25299.56 (a) The board shall determine an applicant’s eligibility for a claim for corrective action costs or third-party compensation costs pursuant to Section 25299.57…
    • § 25299.57 (a) (1) If the board makes the determination specified in subdivision (d) for a claim filed on or before December 31, 2014, the board may only pay for the…
    • § 25299.58 (a) Except as provided in subdivision (d), if the board makes the determination specified in subdivision (b), the board may reimburse only those costs that are…
    • § 25299.59 (a) If the board has paid out of the fund for any costs of corrective action, the board shall not pay any other claim out of the fund for the same costs. (b)…
    • § 25299.60 (a) The board shall not pay any claims against or presented to the fund pursuant to this article if the claim exceeds the total money in the fund at any one…
    • § 25299.61 The board shall not pay any claims against or presented to the fund pursuant to this article if the claims are in connection with an unauthorized release of…
    • § 25299.62 If funding is available, all reimbursement requests that are approved shall be forwarded to the Controller within 10 days from the date of approval, for…
    • § 25299.63 This article does not require any person to pursue a claim against the board pursuant to this article before seeking any other remedy. This section does not…
  7. ARTICLE 6.5. Performance-Based Contract §§ 25299.64–25299.66 · 3 sections
    • § 25299.64 (a) For purposes of this article, the following definitions shall apply: (1) “Baseline concentration” means the initial concentration of a constituent of…
    • § 25299.65 (a) The claimant shall submit multiple bids for a performance-based contract in accordance with paragraph (1) of subdivision (g) of Section 25299.57 and any…
    • § 25299.66 This article does not limit or abridge the powers and duties granted to the board, the regional board, or local agency pursuant to any other provision of law.
  8. ARTICLE 7. Cost Recovery, Enforcement, and Administration §§ 25299.70–25299.80.6 · 13 sections
    • § 25299.70 (a) The board may recover any costs incurred and payable from the fund pursuant to subdivisions (c), (e), (h), and (n) of Section 25299.51 from the owner or…
    • § 25299.71 (a) (1) Except as provided in subdivisions (b) and (c), if a person is convicted under Section 25299.80.5 or is found to be civilly liable under Section…
    • § 25299.72 Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures of the type…
    • § 25299.73 The standard of liability for any costs of corrective action recoverable pursuant to this chapter is strict liability.
    • § 25299.74 (a) No indemnification, hold harmless, conveyance, or similar agreement shall be effective to preclude any liability for costs recoverable under this article.…
    • § 25299.75 (a) Except as provided in Sections 25299.70, 25299.72, and 25299.73, this chapter does not affect or modify the obligations or liability of any person under…
    • § 25299.76 (a) Any person who violates any requirement of Article 3 (commencing with Section 25299.30) or Article 4 (commencing with Section 25299.36) is liable for a…
    • § 25299.77 (a) The board shall adopt regulations to implement this chapter. In adopting these regulations, the board shall ensure that the regulations are consistent with…
    • § 25299.78 (a) To carry out the purposes of this chapter, any authorized representative of the local agency, regional board, or board shall have the authority specified…
    • § 25299.79 The costs specified in subdivision (d) of Section 25299.51 are not recoverable pursuant to this article.
    • § 25299.80 (a) A person who makes a misrepresentation in any claim, including, but not limited to, a record, report, certification, application, invoice, form, or other…
    • § 25299.80.5 (a) A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in support of any claim under…
    • § 25299.80.6 An action by the executive director to impose civil liability under this chapter is subject to review by the board in the same manner as provided for the…
  9. ARTICLE 9. Sunset Provision §§ 25299.81–25299.82 · 2 sections
    • § 25299.81 (a) Except as provided in subdivisions (b) and (c), this chapter shall remain in effect only until January 1, 2036. (b) Notwithstanding subdivision (a), this…
    • § 25299.82 To ensure that the phase out of the fund, as provided in Section 25299.81, is achieved in an orderly manner that enables owners and operators to maintain…
  10. ARTICLE 11. Commingled Plume Account §§ 25299.90–25299.96 · 7 sections
    • § 25299.90 The Legislature hereby finds and declares all of the following: (a) Commingled plumes of petroleum contaminated groundwater involve serious water quality…
    • § 25299.91 As used in this article, the following terms have the following meaning: (a) “Commingled plume” means the condition that exists when groundwater contaminated…
    • § 25299.92 A sum not to exceed ten million dollars ($10,000,000) from Item 3940-001-0439 of Section 2.00 of the Budget Act of 1996 (Ch. 162, Stats. 1996) shall be…
    • § 25299.93 (a) A joint claim may be submitted for reimbursement of corrective action costs for a commingled plume if all of the following conditions are met: (1) Each…
    • § 25299.94 (a) (1) The board may pay the cost of corrective actions and third-party compensation claims that are submitted as part of a joint claim filed on or before…
    • § 25299.95 (a) An owner or operator named in a joint claim filed under this article may not file or maintain a claim under Article 6 (commencing with Section 25299.50)…
    • § 25299.96 The priority for payment of a joint claim submitted under this article shall be based on the date on which the board receives a complete application. For…
  11. ARTICLE 12. Drinking Water Well Protection § 25299.97 · 1 section
    • § 25299.97 (a) For the purposes of this article, the following definitions shall apply: (1) “Public drinking water well” means a wellhead that provides drinking water to…