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AB 1465 Assembly Bill-AMENDED http://www.leginfo.ca.gov/pubfbiWasm/ab...00/ab_1465_bM_20010404_ammded_asm.html <br /> submitted but before the work plan has received regulatory agency <br /> acceptance, except that implementation of the work plan may not begin <br /> until 60 calendar days from the date of submittal, unless the <br /> responsible party is otherwise directed in writing by the regulatory <br /> agency. However, before beginning implementation pursuant to this <br /> paragraph, the responsible party shall notify the regulatory agency <br /> of the intent to initiate proposed actions set forth in the submitted <br /> work plan. <br /> (5) The owner, operator, or other responsible party shall conduct <br /> corrective actions in accordance with the work plan approved pursuant <br /> to the section. <br /> (6) (A) The local agency, the board, or the regional board shall <br /> advise and work with the owner, operator, or other responsible party <br /> on the opportunity to seek preapproval of corrective action costs <br /> pursuant to Section 2811.4 of Title 23 of the California Code of <br /> Regulations or any successor regulation. Regional board staff and <br /> local agency staff shall work with the responsible party and fund <br /> staff to obtain preapproval for the responsible party. The fund <br /> staff shall grant or deny a request for preapproval within 30 <br /> calendar days after the date a request is received. If fund staff <br /> denies a request for preapproval or fails to act within 30 calendar <br /> days after receiving the request, an owner, operator, or other <br /> responsible party who has prepared a work plan that has been reviewed <br /> and accepted pursuant to paragraph (3) , and is denied preapproval of <br /> corrective action costs for one or more of the actions required by <br /> the work plan, may petition the board for review of the request for <br /> preapproval. The board shall review the petition pursuant to Section <br /> 25299.56, and for that purpose the petition for review of a request <br /> for preapproval of corrective action costs shall be reviewed by the <br /> board in the same manner as a petition for review of an unpaid claim. <br /> (B) If the board receives a petition for review pursuant to <br /> subparagraph (A) , the board shall review the request for preapproval <br /> and grant or deny the request pursuant to this subparagraph and <br /> subparagraph (C) . The board shall deny the request for preapproval <br /> if the board makes one of the following findings: <br /> (i) The petitioner is not eligible to file a claim pursuant to <br /> Article 6 (commencing with Section 25299.50) . <br /> (ii) The petitioner failed to submit one or more of the documents <br /> required by the regulations adopted by the board governing <br /> preapproval. <br /> (iii) The petitioner failed to obtain three bids or estimates for <br /> corrective action costs and, under the circumstances pertaining to <br /> the corrective action, there is no valid reason to waive the <br /> three-bid requirement pursuant to the regulations adopted by the <br /> board. <br /> (C) If the board does not deny the request for preapproval <br /> pursuant to subparagraph (B) , the board shall grant the request for <br /> preapproval. However, the board may modify the request by denying <br /> preapproval of corrective action costs or reducing the preapproved <br /> amount of those costs for any action required by the work plan, if <br /> the board finds that the fund staff has demonstrated either of the <br /> following: <br /> (i) The amount of corrective action reimbursement requested for <br /> the action is not reasonable. In determining if the fund staff has <br /> demonstrated that the amount of reimbursement requested for an action <br /> is not reasonable, the board shall use, when available, recent <br /> experience with bids or estimates for similar actions. <br /> (ii) The action required in the work plan is, in all likelihood, <br /> not necessary for the corrective action to comply with the <br /> requirements of subdivisions (a) and (b) and the corrective action <br /> 5 of 15 4/24/013:49 PM <br />