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§ 2812.5. Reimbursement Limitations.


Barclays Official California Code of Regulations Currentness
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 § 2812.5
§ 2812.5. Reimbursement Limitations.
(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.
(b) For each occurrence, a claimant must pay for otherwise eligible costs in the amount of the claimant's level of financial responsibility as set forth in section 2808.1 of this chapter. For each occurrence, the Board may reimburse from the Fund only eligible corrective action, regulatory technical assistance, and third party compensation costs in excess of a claimant's level of financial responsibility.
(c) If multiple or joint claimants file separate or joint claims against the Fund for the same occurrence, the Fund will require the claimants as a group to pay the amount of financial responsibility only once per occurrence. The required amount of financial responsibility will be equal to the amount of financial responsibility that would be required of the claimant in the lowest priority class.
(d) Reimbursement under section 2813.1, subdivision (c) of this chapter is available only to the extent that reimbursement for the earlier corrective action does not exceed the amount of reimbursement authorized by this section.
(e) No claimant may receive reimbursement from the Fund in any fiscal year which exceeds five percent of the total amount appropriated by the legislature for payment of claims for that fiscal year unless exempted by the Board pursuant to Health and Safety Code, section 25299.60, subdivision (c)(2).
Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.32, 25299.57(a), 25299.58, 25299.59(b) and 25299.60(c), Health and Safety Code.
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 and new section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
4. Amendment of subsection (b) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 2812.5, 23 CA ADC § 2812.5
End of Document