California Code of Regulations
Title 10 - Investment
Chapter 7.95 - Trade and Commerce Agency: Repair Underground Storage Tank Loan Program
Section 5904 - Loan Application Content

Universal Citation: 10 CA Code of Regs 5904

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

A completed Application for a Loan shall consist of all of the following:

(a) The name, address and telephone number of the Applicant, the name and title of Applicant's principal contact person, a description of Applicant's type of business and the date the Applicant's business was established. For any Application where a business or individual proposes to guarantee the Loan repayment, the Application shall include information concerning the proposed guarantors, including current financial statements and tax returns for the previous two years, and a list of information concerning each guarantor, including his or her name, address, phone numbers, employer and amount of time at current residence and employment.

(b) Evidence that each Tank owned or operated by the Applicant has a current Permit issued to the Applicant, or the Applicant shall explain why a Tank which it owns or operates is exempt from the Permit requirements. Evidence of a current Permit shall consist of one of the following:

(1) Copy of a current Permit issued by the Local Agency; or

(2) Both of the following:
(A) A completed Application to operate an Underground Storage Tank in the form utilized by the State Water Resources Control Board, and described at section of title 232711 of title 23, California Code of Regulations, signed by an authorized representative of the Local Agency; and

(B) Evidence that the permit fee has been paid for each Underground Storage Tank owned or operated by the Applicant for the current year, consisting of a canceled check or a receipt from the Local Agency.

(c) A list of all Underground Storage Tanks owned or operated by Applicant, including the street address of each Underground Storage Tank.

(d) A description of any unauthorized releases from any Underground Storage Tanks owned or operated by the Applicant, including copies of correspondence with the Local Agency, and reports made to insurers.

(e) Information regarding the Project for which funding is being requested, including:

(1) An explanation of the reasons the Project Tank is not in compliance with applicable federal, state or local standards or will not be in compliance with federal, state or local standards in the future;

(2) A description of the Project to be completed including an estimated timetable for completion of the Project;

(3) The reasons Applicant believes that, upon completion of the Project, the Project Tank will comply with federal, state and local standards;

(4) Project components and cost estimates, including the name and applicable experience of the individual or firm preparing the cost estimates, and copies of any supporting invoices, estimates or contracts; and

(5) Identification of any required federal, state or local permits necessary to carry out the Project.

(f) If the Project includes Corrective Action, the following:

(1) A description, budget and timeline for each segment or activity comprising the Corrective Action, and the identified source of funding, including the Loan, for each segment or activity; and

(2) A copy of any Corrective Action plan filed with a public agency.

(g) Information and documents demonstrating that the Applicant is able to provide adequate collateral and repay the Loan, including, if available, tax returns, personal and business financial statements, history of insolvency, status of any tax audits or lawsuits and the existence and solvency of any guarantors.

(h) Loan amount requested and the term of the Loan.

(i) Applicant's current financial statement and, if available, the financial statements for the previous two (2) years.

(j) Evidence that the Applicant has complied with applicable federal or state laws pertaining to Financial Responsibility. In the alternative, the Applicant shall certify that it is exempt from Financial Responsibility requirements because the only Underground Storage Tanks owned by Applicant will be removed as part of the Project, or that Financial Responsibility requirements do not currently apply to the Underground Storage Tanks, specifying reasons.

(k) A copy of any application filed with any public agency to obtain the permit(s) necessary to construct the Project.

1. New section filed 2-8-90 as an emergency; operative 2-8-90 (Register 90, No. 7). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed by operation of law on 8-7-90.
2. Repealed by operation of Government Code section 11346.1(g) (Register 91, No. 13).
3. New section filed 2-25-91 as an emergency; operative 2-25-91 (Register 91, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-26-91 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-25-91 order including amendment of subsection (a) transmitted to OAL 5-24-91 and filed 6-24-91 (Register 91, No. 40).
5. Amendment of section heading and first paragraph filed 9-5-2000 as an emergency; operative 9-5-2000 (Register 2000, No. 36). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 3-5-2001 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of HISTORY 5 (Register 2001, No. 10).
7. Amendment of section heading and first paragraph refiled 3-6-2001 as an emergency; operative 3-6-2001 (Register 2001, No. 10). Pursuant to Government Code section 15399.16, a Certificate of Compliance must be transmitted to OAL by 9-4-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-6-2001 order transmitted to OAL 8-3-2001 and filed 9-17-2001 (Register 2001, No. 38).

Note: Authority cited: Section 15399.16, Government Code. Reference: Sections 15399.11, 15399.12 and 15399.13, Government Code.

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