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 6 - Petitions for Site Closure
Section 2814.6 - Filing of Petition

Universal Citation: 23 CA Code of Regs 2814.6

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

(a) Any underground storage tank or residential tank owner or operator or other responsible party who believes that the corrective action plan for the site has been satisfactorily implemented, but who has not been granted closure of the site, may petition the Board for review of the case, whether or not the petitioner is eligible for reimbursement from the Fund pursuant to Health and Safety Code section 25299.54.

(b) Prior to petitioning the Board for review, an underground storage tank or residential tank owner or operator or other responsible party must do both of the following:

(1) remove free product to the maximum extent practicable; and

(2) request and be denied case closure from the regulatory agency that is overseeing corrective action at the site. The denial must be signed by the regional board's Executive Officer or, if a local agency is overseeing corrective action, by the Environmental Health Director, or equivalent. If the petitioner filed a request for closure, and if within 60 days of the date of the request for closure the regulatory agency neither acts on the request nor informs the petitioner of when the regulatory agency will act, the inaction of the regulatory agency will be deemed to constitute a denial of the request.

(c) Petitions to the Board requesting review of an underground storage tank or residential tank case must include the following:

(1) the name and address of the petitioner;

(2) the address of the site;

(3) the name and address of the current owner of the site and of the owners of adjacent property including properties that are across the street from the site;

(4) the name, address, and telephone number of all responsible parties;

(5) a copy of the decision denying case closure by the regulatory agency overseeing corrective action at the site or a copy of the petitioner's request to the regulatory agency for closure accompanied by a statement that the regulatory agency failed to act within 60 days of the request; and

(6) a statement of the reasons why the petitioner believes the case should be reviewed.

(d) The petitioner may request a hearing for the purpose of presenting factual material not presented to the regulatory agency or for oral argument or both. The request to present material which was not presented to the regulatory agency must include a description of the factual material that the petitioner wishes to submit, the facts that the petitioner expects to establish, and an explanation of the reasons why the claimant could not previously submit the new material to the regulatory agency. The petitioner must include with the petition a copy of any new documentary material that the petitioner wishes to present to the Board.

1. New article 6 (sections 2814.6-2814.8) and section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).

Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, 25299.39.2, Health and Safety Code.

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