(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.
(f) Only third party compensation costs incurred on or after January 1, 1988 are eligible for reimbursement from the Fund. The Fund may only reimburse the following types of third party compensation costs:
(1) medical expenses caused by an unauthorized release;
(2) actual lost wages or business income caused by an unauthorized release;
(3) actual expenses for remedial action necessary to remedy the effects of property damage caused by an unauthorized release; and
(4) damages equal to the fair market value of any property rendered permanently unsuitable for beneficial use by an unauthorized release.
Credits
Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.10, 25299.14, 25299.51, 25299.57 and 25299.58, 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 subsection (d)(10), new subsections (d)(11), (d)(15) and (d)(16), and subsection renumbering 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, section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
