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STAT°OF CALIFORNIA-CALIFORNIA ENVIRCNMEN T-'L:�a.OTECTION AGENCY PETE WILSON.Governor STATE WATER RESOURCES CONTROL BOARD DIVISION OF CLEAN WATER PROGRAMS �`� 2014 T STREET,SUITE 130 PP.�O,. BOX 94lr4�2}12 �9�5)" ,W9:i�(3 7244_z,za c7 1 D (915) 227-4530 FAX 2 J99 UNDERGRC= STORAGE TANK CLEANUP FUND (US'TCF) TO: LOCAL IMPLEMENTING ?L._WCIZS AND INTERESTED PARTIES � FINANCIAL RESPONSIBILITY ?OR PETROLEUM UNDERGROD2�iD STORAGE T �A r v �J GENERAL COMMENTS x,�SFq��y Our recent notice dated iugust 2, 1993 to UST owners and operators informing them that EPA had anproved California's UST Cleanup Fund (Fund) as a mechanism for meeting the federal f-L=cial responsibility requirements, generated a large number of inquiries from the public and Local Implementing Agencies (LIAs) . We received man-% requests to publish a. simple and concise summary of financial responsibility requirements as they pertain to the Fund. In response to these requests, we have prepared the attached information which addresses financial responsibility as it relates to petroleum underground storage tanks (UST_s) . Attachment 1 lis,s the most commonly asked questions regarding financial responsibility. Attachment 2 is a useful chart which covers the who, what, when, where a=c =ow. Attachment 3 lists the "who does what" . Attachme-at 4 is a cony cf zhe "Certification of Financial Resnonsibility" form_ Attachment 5 is P- example of the certification completed by an owner using the Fund as their =echanism. Much of the information contained in this summary is also contained in the "Petroleum Underground Storage Tank Financial Responsibility Guide" da ed April 1992 which was published by the Fund. A primary objective in e—�orcing financial responsibility requirements is to bring owners and operatcrs into ccmpliance with UST laws and regulations . The fact that one must be i_. c.mnliance with UST laws and regulations in order to use the State Fund as a ==uncial responsibility mechanism should be a valuable toel for LIA's c: bring owners and operators into compliance. To be eligible to use t`e Fund to demonstrate financial responsibility, the owner or onerator must 'e in substantial compliance with UST laws and regulations . This includes (1) compliance with the requirement for a permit to own or operate a UST; ',2) compliance with requirements of that permit (testing, monitoring, records, upgrades, etc. )' ; and (3) compliance with regulatory agency orders =—d directives. In order for the LIA to use the financial responsibility requirement and the Fund as a tool to bring y*uers and operators into compliance, the Fund when determining eligibility 0=11 rely heavily on the recommendations of the LIA. Where the LIA advises t_e Fund that an owner or operator has willfully disregarded the law and case not to comply, 'and subsequently has a release and Liles a claim for reimbursement, the claim will be deemed ineligible because of non-compliance. If you have any questions on financial responsibility, please call Doug Wilson with the Fund at (916) 1-27-4413 . 8i merely, a e Deaner, Manager Underground Storage Tana Cleanup Fund Attachments (5) ti