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10/16/95 15:36 UST CLEANUP FUND - 912094b401SH nU. 112 100b <br /> • 0 <br /> 5/24/94 UST EAR Account <br /> cases will not be limited by any previous allocations for immediate <br /> emergency response, and such cases may receive additional funding, not <br /> to exceed $1,000,000 per occurrence, if Listed pursuant to Paragraph C <br /> below; <br /> (c) Provided there are sufficient funds in the EAR Account, Regional Water <br /> Boards and LFAs will be surveyed annually to obtain a list of <br /> abandoned and recalcitrant UST sites where they want to initiate <br /> corrective action, including the expected corrective action costs and <br /> LIA staff costs. Up to $1,000,000 per occurrence, less any amounts <br /> previously allocated for emergency or prompt action costs, may be <br /> allocated; <br /> (d) The State Water Board will attempt to retain an annual minimum reserve <br /> of $500,000 in the EAR Account for emergency and prompt action cases. <br /> EMERGENCY REQUESTS FOR IMMEDIATE FUNDING <br /> Regional Water Board Executive Officers and LIA Directors (or their designee), <br /> may verbally request emergency funds for amounts up to $100,000 to be used for <br /> emergency response if immediate action is required to protect human health, <br /> safety or the environment. Approval of these requests will be limited to those <br /> sudden cases where a crisis situation, caused by an unauthorized release of <br /> petroleum from a UST, poses an immediate threat to human health, safety or the <br /> environment and immediate action is required. An example of an emergency <br /> situation which could require immediate action is when the tank or piping <br /> ruptured and product is flowing directly into surface water or a source of <br /> drinking water. Another example is free product flowing beneath a building <br /> which poses an immediate threat of fire or explosion. In these cases, <br /> emergency funding can be requested to take immediate action to stop the flaw of <br /> petroleum and to abate the immediate threat to human health, safety or the <br /> environment. Any occurrence caused by gross negligence or the intentional or <br /> reckless acts of the UST owner or operator or any spills or overfills (i.e. , <br /> from tank trucks during the filling of a UST or spills occurring during <br /> automobile fueling) would not be eligible for emergency funding from the EAR <br /> Account. <br /> Requests for emergency funding shall be directed to the DCWP Chief. In the <br /> absence of that individual, other designated staff should be called in the <br /> order listed: the Chief, Division of Administrative Services (OAS) ; the <br /> Executive Director; or the Chief Counsel. Any--Df these four individuals may <br /> review and approve the request. (Appendix D lists their names and telephone <br /> numbers.) <br /> Following verbal approval of the emergency funding request, emergency response <br /> may be initiated immediately. The DCWP Chief, or other designated <br /> representative, shall complete and sign the EAR Account Approval for Emergency <br /> Funding Form (Appendix A) authorizing emergency expenditures, and forward <br /> copies to the appropriate Regional Water Board's Executive Officer or the LIA's <br /> Director. In addition, a copy of the form will be forwarded to the State Water <br /> Board's Accounting Office for encumbrance. <br /> Fallowing receipt of the completed EAR Account Approval for Emergency Funding <br /> Form, the requesting agency shall submit the information specified in the <br /> Funding Criteria Section. This information must be submitted to the DCWP Chief <br /> -6- <br />