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§ 2811.2. Fund Application Requirements; Reimbursement Requests for Corrective Action Costs.

23 CA ADC § 2811.2Barclays Official California Code of Regulations

Barclays 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

23 CCR § 2811.2

§ 2811.2. Fund Application Requirements; Reimbursement Requests for Corrective Action Costs.

Currentness

A Fund application for reimbursement of corrective action costs shall contain the following:

(a) the name of the claimant, a correspondence address, a telephone number or numbers where the claimant can be contacted during normal business hours, and a federal tax identification number or social security number;

(b) if a joint claim is submitted by multiple owners and operators, the name, correspondence address, telephone number or numbers, tax identification number or social security number of each claimant, and the dates during which each claimant owned or operated the underground storage tank or residential tank that is the subject of the claim;

(c) if the claimant designates a representative to be a co-payee for payment from the Fund, the name, address, and telephone number of the co-payee;

(d) the site address or a description of the site where the underground storage tank or residential tank that is the subject of the claim is located, and a site map drawn to scale which includes a north arrow and distances relative to the nearest public roads;

(e) any identification number assigned by a regulatory agency, and the underground storage tank storage fee account number assigned by the California Board of Equalization, if applicable;

(f) a brief description of the background of the claim, to the best of the claimant's knowledge, including the following:

(1) if the claimant is an owner, the date on which the claimant acquired the underground storage tank or residential tank that is the subject of the claim, the person from whom the claimant acquired the underground storage tank or residential tank and, if the underground storage tank or residential tank has been transferred to another person, the date of transfer and the person who acquired the underground storage tank or residential tank;

(2) if the claimant is an operator, the dates during which the claimant operated the underground storage tank or residential tank that is the subject of the claim, the person who owned the underground storage tank or residential tank during such periods, including the person's last known correspondence address and telephone number, the name and address of the current owner of the underground storage tank or residential tank involved, and the priority class that would be appropriate for the current owner if the owner were to file a claim against the Fund;

(3) if the claimant owns the site at which the underground storage tank or residential tank that is the subject of the claim is located, the date on which the claimant acquired the site, the person from whom the claimant acquired the site, and if the site has been transferred, the date of sale and the person who acquired the underground storage tank or residential tank.

(4) the capacity of the underground storage tanks or residential tanks located at the site and the substances that have been stored therein;

(5) the date on which the claimant first learned of the unauthorized release;

(6) the date on which any corrective action was initiated and the current status of any corrective action in progress;

(7) if corrective action on the site is complete, the date on which such action was completed; and

(8) a brief description of the corrective action which was undertaken;

(g) a statement of the priority class sought by the claimant and the following documentation to support assignment to that priority class:

(1) for Priority Class A, documentation showing that the tank meets the definition of “residential tank” set forth in section 2804;

(2) for Priority Class B, copies of the claimant's federal tax returns. If the claimant is a city, county, or district, a copy of the Annual Report of Financial Transactions as submitted to the State Controller's Office for the latest fiscal year. If the claimant is a nonprofit organization, a copy of the annual fiscal report filed with the Registry of Charitable Trust or a copy of the federal tax records for the latest fiscal year;

(3) for Priority Class C, documentation identifying the number of full-time and part-time employees (e.g., copy of an Employment Development Department form DE6);

(h) a statement of the total amount of costs for which reimbursement is sought;

(i) a certification that all corrective action costs claimed were incurred for work performed after January 1, 1988;

(j) a certification that the claimant meets all applicable eligibility requirements set forth in section 2811 of this chapter;

(k) 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 agree to retain all records pertaining to the claim for a period of at least three years after final payment by the Fund, 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; and

(l) a copy of any agreement entered into by a claimant where a person agrees to incur costs on behalf of the claimant or where the claimant assigns Fund reimbursement rights to a person;

(m) if a claimant has entered into the agreement described in subdivision (l), documentation that confirms the date of the agreement (e.g., a sworn statement by all parties to the agreement);

(n) any other information or supporting documentation reasonably required by the Division to determine the eligibility, reimbursable amount due, or appropriate priority class of the claim.

Credits

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)-(e), 25299.55, 25299.57(a), (b), (d) and (f), 25299.58(b)(1), (3) and (4) and 25299.59(c), Health and Safety Code.

History

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 subsections (j), (j)(3), (k), and (l) 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. Amendment of section heading and subsection (e) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).

5. Amendment of section heading, section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).

6. Amendment of section heading, first paragraph and subsection (g)(1), new subsections (l) and (m), subsection relettering and amendment of Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).

This database is current through 8/30/24 Register 2024, No. 35.

Cal. Admin. Code tit. 23, § 2811.2, 23 CA ADC § 2811.2

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