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r Y `M f Claimant -2- Date Claim No. seek a permit waiver for permit noncompliance that began before you were aware of the permitting requirements. Assembly Bill 1437 (Aghazarian) — Broadened Permit Waiver Criteria for all Fund Claims Filed After January 1, 2008 AB 1437 specifies that permit compliance, for purposes of accessing the Fund, is satisfied if the claimant obtained a UST permit when the claimant became subject to UST permitting requirements or when the applicable local agency began issuing UST permits, whichever is later. Assembly Bill 1437 also expands availability and changes the criteria for waivers of UST permitting requirements. Under AB 1437, there is no cutoff date for UST permit waivers — permit waivers may be granted for permit noncompliance that occurred both before and after January 1, 1990, if all of the following criteria are met: • The claimant was unaware of the permit requirement, and upon becoming aware of the permit requirement, the claimant complies with H&SC section 25284 (UST permitting requirements) or H&SC 25298 (UST closure requirements) within a reasonable period, not to exceed one year, from when the claimant became aware of the permit requirement. • Before submitting the application to the Fund, the claimant has complied with H&SC section 25299.31 [financial responsibility requirements] and has obtained and paid for all permits currently required. • Before submitting the application to the Fund, the claimant has paid all UST storage fees, interest, and penalties imposed pursuant to Article 5 (commencing with Section 25299.40) and Part 26 (commencing with Section 50101) of Division 2 of the Revenue and Taxation Code for the UST that is the subject of the claim. Claimants who qualify for the permit waiver under AB 1437 must pay a higher deductible on their claim, depending upon the date that the claimant complied with UST permitting or closure requirements. Claimants who comply on or before December 22, 1998, must pay twice the amount of deductible that would otherwise apply to the claim, and claimants who comply after December 22, 1998, must pay a deductible that is four times the amount that would otherwise apply to the claim. have enclosed information regarding AB 1437 for your review. Please review the enclosed information and if you feel that your situation meets the requirements of AB 1437, you may re-apply to the Fund. The new application is located at http://www.waterboards.ca.gov/cwphome/ustcf. California Environmental Protection Agency Z,3 Recycled Paper