SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

25299.94. (a)The board may pay the cost of corrective actions and third-party compensation claims that are submitted as part of a joint claim and which exceed the amount specified in subdivision (b), but do not exceed an amount equal to one million dollars($1,000,000) per occurrence,for which an owner or operator named in the joint claim is eligible for reimbursement under this chapter. (b) For each joint claim,the board may only pay for the costs of corrective action and third-party compensation claims that exceed the aggregate of the levels of financial responsibility required pursuant to Section 25299.32 for each owner or operator named in the joint claim. (c) The costs of corrective action determined eligible for reimbursement shall be paid before third-party compensation claims. (d) Except as provided in paragraph (1)of subdivision (e), reimbursement for costs of corrective action is limited to costs incurred by the joint claimants after executing an agreement under paragraph(7) of subdivision(a)of Section 25299.93. (e) Both of the following costs of corrective action incurred at a contributing site may be reimbursed in accordance with subdivision (f): (1) Costs incurred by an owner or operator before executing an agreement described in paragraph (7) of subdivision(a) of Section 25299.93. (2) Costs relating to unauthorized releases that do not contribute to the commingled plume, but which are included in the occurrence which is the subject of the joint claim. (f)An owner or operator may seek reimbursement of costs described in subdivision(e) by doing either of the following: (1) Including a payment request for those corrective action costs with the claim filed under this article. (2) Fling a claim or maintaining an existing claim under Article 6(commencing with Section 25299.50). (g) Any reimbursement received pursuant to subdivision (f) and any amount excluded from the payment based on the amount of financial responsibility required to be maintained shall be applied toward the limitations prescribed in subdivision (a). (h) The board shall not reimburse a claimant or joint claimant for any eligible costs for which the claimant or joint claimant has been, or will be, compensated by another party. 25299.95. (a)An owner or operator named in a joint claim filed under this article may not file or maintain a claim under Article 6 (commencing with Section 25299.50) for the same occurrence. (b) When a joint claim under this article has been approved,the board shall remove any claims filed under Article 6 (commencing with Section 25299.50)by an owner or operator named in the approved claim. (c) If an owner or operator withdraws from a claim filed under this article,the owner or operator may submit or resubmit a claim pursuant to Article 6(commencing with Section 25299.50). (d) Any claims filed pursuant to subdivision (c)shall be assigned to a priority class pursuant to Section 25299.52 and ranked in accordance with the procedures contained in regulations adopted by the board pursuant to Section 25299.77. (e)This section does not apply to a claim filed for a separate occurrence at a contributing site or a claim authorized pursuant to paragraph (2) of subdivision (f)of Section 25299.94. 25299.96. The priority for payment of a joint claim submitted under this article shall be based on the date on which the board receives a complete application. For purposes of this section,an application shall not be considered complete until the applicable local agency or other regulatory agency confirms the existence of a commingled plume and the joint claimant submits an agreement which complies with paragraph (7) of subdivision (a) of Section 25299.93. SEC. 19. The Legislature finds and declares that the change to Section 25299.19 of the Health and Safety Code made by Section 4 of this act, and the addition of Section 2529923.1, as made by Section 5 of this act, do not constitute a change in and are deciaratory of, existing law. are intended to clarify the Legislature's original intent In enacting Section 5 of Chapter 1442 of the Statutes of 1989, effective October Z, 1989, the Legislature intended that several unauthorized releases at a site, which can be addressed in a single site investigation because of the close physical and temporal proximity to one another, should be treated as a single occurrence regardless of the number of unauthorized releases or underground tanks involved. �1 �-ri