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The Customer Co. <br /> Claim No. 17179 -2- <br /> Section 2811.1(b) of the Fund Regulations states, <br /> "For purposes of assignment to a priority class, the Board will base the priority of <br /> a claim on the lowest priority appropriate for any claimant, including any joint <br /> claimant, the owners and operators at the time of discovery of the unauthorized <br /> release, and the owners and operators at the time of application to the Fund, <br /> unless the claimant can demonstrate to the satisfaction of the Division that such <br /> treatment would be inconsistent with the priority scheme mandated by section <br /> 25299.52(b) of the Health and Safety Code. <br /> Section 2804 of the Fund Regulations defines "small business" as: <br /> "Small business" means a business which, at the time of application to the Fund, <br /> fits the definition of a small business set forth in Government Code section <br /> 14837, subdivision (d), except that a business that is domiciled or has its <br /> principal office outside of the state is a "small business" if the business otherwise <br /> fits the definition set forth in section 14837, subdivision (d). <br /> Section 25299.52(b) of the H&SC states, in part, that the State Water Resources <br /> Control Board shall pay claims in accordance with the following order of priority: <br /> (1) [Residential tank owners]. <br /> (2) Owners and operators of tanks that are either of the following: <br /> (A)An owner or operator of a tank that is a small business, by meeting the <br /> requirements of subdivision (d) of Section 14837 of the Government <br /> Code. An owner or operator that meets that definition of small <br /> business, but who is domiciled or has its principal office outside of the <br /> state, shall be classified in this category if the owner or operator <br /> otherwise meets the requirements of subdivision (d) of Section 14837 <br /> of the Government Code with regard to the number of employees and <br /> the total annual revenues received. <br /> (B)An owner or operator that is a city, county, district, or nonprofit <br /> organization that receives total annual revenues of not more than <br /> seven million dollars ($7,000,000). In determining the amount of a <br /> non-profit organization's annual revenues, the board shall calculate <br /> only those revenues directly attributable to the particular site at which <br /> the tank or tanks for which the claim is submitted are located. . . . <br /> Government Code Section 14837(d) defines "small business," in relevant part, as: <br /> CaliforniaZziP I-o rmenlalProleelion flgency <br /> .fl <br /> ala ?ecy,1edPape, <br />