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PR0544111
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Last modified
2/7/2019 11:18:32 AM
Creation date
2/7/2019 10:24:29 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
3500 - Local Oversight Program
File Section
FIELD DOCUMENTS
RECORD_ID
PR0544111
PE
3528
FACILITY_ID
FA0003625
FACILITY_NAME
ARCO STATION #83560*
STREET_NUMBER
2908
Direction
W
STREET_NAME
BENJAMIN HOLT
STREET_TYPE
DR
City
STOCKTON
Zip
95207
APN
09763032
CURRENT_STATUS
02
SITE_LOCATION
2908 W BENJAMIN HOLT DR
P_LOCATION
01
P_DISTRICT
002
QC Status
Approved
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EHD - Public
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25299.94. (a)The board may pay the cost of corrective actions and third-party compensation claims that <br /> are submitted as part of a joint claim and which exceed the amount specified in subdivision(b),but do not <br /> exceed an amount equal to one million dollars($1,000,000) per occurrence,for which an owner or operator <br /> named in the joint claim is eligible for reimbursement under this chapter. <br /> (b) For each joint claim,the board may only pay for the costs of corrective action and third-party <br /> compensation claims that exceed the aggregate of the levels of financial responsibility required pursuant to <br /> Section 25299.32 for each owner or operator named in the joint claim. <br /> (c)The costs of corrective action determined eligible for reimbursement shall be paid before third-party <br /> compensation claims. <br /> (d) Except as provided in paragraph(1)of subdivision(e), reimbursement for costs of corrective action is <br /> limited to costs incurred by the joint claimants after executing an agreement under paragraph(7)of <br /> subdivision(a)of Section 25299.93. <br /> (e) Both of the following costs of corrective action incurred at a contributing site may be reimbursed in <br /> accordance with subdivision(f): <br /> (1)Costs incurred by an owner or operator before executing an agreement described in paragraph(7)of <br /> subdivision(a)of Section 25299.93. <br /> (2)Costs relating to unauthorized releases that do not contribute to the commingled plume,but which are <br /> included in the occurrence which is the subject of the joint claim. <br /> (f)An owner or operator may seek reimbursement of costs described in subdivision(e) by doing either of <br /> the following: <br /> (1) Including a payment request for those corrective action costs with the claim filed under this article. <br /> (2) Fling a claim or maintaining an existing claim under Article 6(commencing with Section 25299.50)- <br /> (g) Any reimbursement received pursuant to subdivision (f) and any amount excluded from the payment <br /> based on the amount of financial responsibility required to be maintained shall be applied toward the <br /> limitations prescribed in subdivision (a). <br /> (h)The board shall not reimburse a claimant or joint claimant for any eligible costs for which the claimant <br /> or joint claimant has been. or will be,compensated by another party. <br /> 25299.95. (a)An owner or operator named in a joint claim filed under this article may not rile or maintain <br /> a claim under Article 6(commencing with Section 25299.50) for the same occurrence. <br /> (b)When a joint claim under this article has been approved,the board shall remove any claims filed <br /> under Article 6(commencing with Section 25299.50)by an owner or operator named in the approved claim. <br /> (c) If an owner or operator withdraws from a claim fled under this article,the owner or operator may <br /> submit or resubmit a claim pursuant to Article 6(commencing with Section 25299.50). <br /> (d)Any claims filed pursuant to subdivision(c)shall be assigned to a priority class pursuant to Section <br /> 25299.52 and ranked in accordance with the procedures contained in regulations adopted by the board <br /> pursuant to Section 25299.77. <br /> (e)This section does not apply to a claim fled for a separate occurrence at a contributing site or a claim <br /> authorized pursuant to paragraph (2)of subdivision(f)of Section 25299.94. <br /> 25299.96. The priority for payment of a joint claim submitted under this article shall be based on the date <br /> on which the board receives a complete application. For purposes of this section,an application shall not <br /> be considered complete until the applicable local agency or other regulatory agency confirms the existence <br /> of a commingled plume and the joint claimant submits an agreement which complies with paragraph (7)of <br /> subdivision(a)of Section 25299.93. <br /> SEC. 19. The Legislature finds and declares that the change to Section 25299.19 of the Health and <br /> Safety Code made by Section 4 of this act,and the addition of Section 2529923.1,as made by Section 5 of <br /> this act, do not constitute a change in and are declaratory of. existing law. are intended to clarify the <br /> Legislature's original intent. In enacting Section 5 of Chapter 1442 of the Statutes of 1989, effective <br /> October 2, 1989, the Legislature intended that several unauthorized releases at a site, which can be <br /> addressed in a single site investigation because of the close physical and temporal proximity to one <br /> another, should be treated as a single occurrence regardless of the number of unauthorized releases or <br /> underground tanks involved. <br />
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