|
§ 25299.53 MISCELLANEOUS PROVISIONSPETROLEUM
<br /> Div. 20 Ch. 6.75
<br /> estimated cost of the corrective action to the board, which shall approve or orders issued pr
<br /> disapprove the reasonableness of the cost estimate. The regional board or Water Code co:
<br /> local agency shall obtain approval of the corrective action and the cost (d) An owne:
<br /> estimate before taking, or contracting for, any corrective action. 25299.36) is li.
<br /> (b) If the board approves the request of the regional board or local agency owner's or op
<br /> made pursuant to paragraph (2) of subdivision (a), the board shall, after 25299.36) and
<br /> making the determination specified in subdivision (c), pay for the costs of (e) Notwithst
<br /> corrective action performed by a regional board, local agency, or qualified ground that is t
<br /> contractor. of a claim, ant
<br /> (c) The board shall not make any payment pursuant to subdivision (b) without makim
<br /> unless the board determines that the owner or operator of the underground Section 25299.`
<br /> tank has failed or refused to comply with a final order for corrective action (1) The tank
<br /> issued pursuant to Section 25299.37 with respect to the unauthorized release (A) The tank
<br /> of petroleum from the underground storage tank. (B) The tanl.
<br /> (d) Upon making any payment to a regional board or local agency pursuant which, on and
<br /> to subdivision (b), the board shall recover the amount of payment pursuant to tank is of a typ
<br /> Section 25299.70.
<br /> and the petrol
<br /> (Added by Stats.1989, c. 1442, § 5, eff. Oct 2, 1989. Amended by Stats.1990, c. 1366 paragraph (2)
<br /> (S.B.2004), § 18, eff. Sept 27, 1990.) — 1985.
<br /> (2) The tank
<br /> § 25299.54. Applications to board for satisfaction of claims; eligibility Section 25281
<br /> restrictions; liability for corrective action costs; insuffi- purposes speci
<br /> cient funds
<br /> (3) The Clair
<br /> (a) Except as provided in subdivisions (b), (c), (d), and (e) an owner or quirements of
<br /> operator, required to perform corrective action pursuant to Section 25299.37, is not subject t
<br /> or an owner or operator who, as of January 1, 1988, is required to perform (f) Wheneve
<br /> corrective action, who has initiated this action in accordance with Division 7 to Section 252
<br /> (commencing with Section 13000) of the Water Code, who is undertaking I insufficient to -
<br /> corrective action in compliance with waste discharge requirements or other undertake the
<br /> orders issued pursuant to Division 7 (commencing with Section 13000) of the (Added by Stats.
<br /> Water Code, or Chapter 6.7 (commencing with Section 25280), may apply to (S.B,2004), § 19,
<br /> the board for satisfaction of a claim filed pursuant to this article. 1991.)
<br /> (b) A person who has failed to comply with Article 3 (commencing with
<br /> Section 25299.30) is ineligible to file a claim pursuant to this section. § 25299.55.
<br /> (c) Any owner or operator of an underground storage tank containing The board sh
<br /> petroleum is ineligible to file a claim pursuant to this section if the person
<br /> meets both of the following conditions: pursuant to Se:
<br /> (1) The person knew, before January 1, 1988, of the unauthorized release of following
<br /> e hb
<br /> petroleum which is the subject of the claim. (a) A e
<br /> (2) The person did not initiate, on or before June 30, 1988, any corrective claim to the
<br /> the be
<br /> action in accordance with Division 7 (commencing with Section 13000) of the (b) A full deE
<br /> �[ Water Code concerning the release, or the person did not, on or before June agencies, of the
<br /> 4 30, 1988, initiate corrective action in accordance with Chapter 6.7 (commenc- an undergroun
<br /> ing with Section 25280) or the person did not initiate action on or before June judgment specr.
<br /> 30, 1988, to come into compliance with waste discharge requirements or other pursuant to Sec
<br /> 228
<br />
|