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Charlie's Day & Nite, Inc. -2- <br /> Priority Class and rank are reached. At that time, staff will conduct an extensive Compliance Review at the. <br /> local regulatory agency or Regional Water.Quality Control Board. During this Compliance Review, staff may <br /> request additional inforrnation needed to verify eligibility. Once the Compliance Review is completed, staff <br /> will determine if the claim is valid or must be rejected.,If the claim is valid, a Letter of Commitment will be <br /> issued obligating funds toward the cleanup. If staff determine that you have not complied with regulations <br /> governing site cleanup, you have not supplied necessary information or documentation,or your claim <br /> application contains a material error, the claim will be rejected. In such event, you will be issued a Notice of <br /> Intended Removal from the Priority List,informed of the basis for the proposed removal of your claim,and <br /> provided an opportunity to correct the condition that is the basis for the proposed removal. Your claim will be <br /> barred from further participation in the Fund,if the claim application contains a material error resulting from <br /> fraud or intentional or negligent misrepresentation. <br /> Record kee in : During your cleanup project you should keep complete and well organized records of all <br /> - -corrective actio;i-activity and payii ent trarisactions:p'If y-bu are-eventually issued;a Letter of:Cornmitment;you n W <br /> will be required to submit: (1)copies of detailed invoices for all corrective action activity performed <br /> (including subcontractor invoices), (2)copies of canceled checks used to pay for work shown on the invoices, 4 <br /> (3)copies of technical documents (bids,narrative work description,reports), and(4)evidence that the claimant <br /> paid for the work performed(not paid by another party). These documents are necessary for reimbursement <br /> and failure to submit them could impact the amount of reimbursement made by the Fund. It not necessary <br /> to submit these documents at this time;however,they will definitely be required prior to reimbursement. <br /> 4 <br /> Compliance with Corrective Action Requirements: In order to be reimbursed for your eligible costs of cleanup <br /> incurred after December 2, 1991, you must have complied with corrective action requirements of Article 11, <br /> Chapter 16,Division 3,Title 23, California Code of Regulations. Article 11 categorized the corrective action <br /> process into phases. In addition,Article 11 requires the responsible party to submit an investigative , <br /> workplan/Corrective Action Plan (CAP)before performing any work. This phasing process and the <br /> workplan/CAP requirements were intended to: <br /> 1. help the responsible party undertake the necessary corrective action in a cost-effective, efficient and timely <br /> manner; <br /> 2. enable the regulatory agency to review and approve the proposed cost-effective corrective action <br /> alternative before any corrective action work was performed; and <br /> 3. ensure the Fund will only reimburse the most'cost-effective corrective action alternative required by the ., l <br /> regulatory agency to achieve the minimum cleanup necessary to protect human health, safety and the <br /> In some limited situations interim cleanup will be necessary to mitigate a demonstrated immediate hazard to <br /> public health, or the environment. Program regulations allow the responsible party to undertake interim <br /> remedial action after: (1)notifying the regulatory agency of the proposed action,and; (2) complying with any <br /> requirements that the regulatory agency may set. Interim remedial action should only be proposed when <br /> necessary to mitigate an immediate demonstrated hazard.Implementing interim remedial action does not <br /> eliminate the requirement for a CAP and an evaluation of the most cost-effective corrective action <br /> alternative. <br /> Three bids and Cost Preapproval: Only corrective action costs required by the regulatory agency to protect <br /> human health, safety and the environment can be claimed for reimbursement. You must comply with all <br /> regulatory agency time schedules and requirements and you must obtain three bids for any required corrective <br /> action. Unless waived in writing,you are required to obtain preapproval of costs for all future corrective <br /> California En;irozrmeatal Protection Ab enc: <br /> %c79 RervdedP✓per <br />