California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 18 - Petroleum Underground Storage Tank Cleanup Fund Regulations
Article 1 - General Provisions
Section 2803 - Applicability

Universal Citation: 23 CA Code of Regs 2803

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

(a) The regulations in this chapter implement the Barry Keene Underground Storage Tank Trust Fund Act of 1989 (Health and Safety Code, division 20, chapter 6.75, section 25299.10 et seq.). Except as otherwise specifically provided, this chapter applies to owners and operators of petroleum underground storage tanks as defined in article 2 of this chapter.

(b) This chapter applies in part to owners of residential tanks as this term is defined in article 2 of this chapter.

(c) This chapter establishes financial responsibility requirements for certain owners and operators of underground storage tanks (article 3).

(d) This chapter provides for reimbursement from the Underground Storage Tank Cleanup Fund (Fund) of eligible corrective action, regulatory technical assistance, and third party compensation costs incurred by eligible owners and operators of underground storage tanks and residential tanks (article 4).

(e) This chapter establishes procedures for requesting review of a staff decision by the Fund Manager, appealing a staff decision or a Fund Manager Decision to the Chief of the Division of Clean Water Programs, and for petitioning the State Water Resources Control Board for review of a decision of the Division Chief (article 5).

(f) This chapter establishes procedures for owners and operators of underground storage tanks and other responsible parties to petition for review of a regulatory agency decision not to close an underground storage tank or residential tank site (article 6).

1. New chapter 18 (sections 2803-2814.3) filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9). For prior history of chapter 18, see Register 81, No. 28.
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsections (a) and (d) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of subsection (d) and NOTE filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).

Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.10, 25299.11, 25299.13, 25299.31, 25299.39.2, 25299.51, 25299.56, 25299.57 and 25299.58, Health and Safety Code.

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