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 7 - Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund
Section 2814.25 - Grant Conditions and Limitations

Universal Citation: 23 CA Code of Regs 2814.25

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

(a) The Board may pay from the Orphan Site Cleanup Fund reasonable and necessary costs of response actions that relate to an unauthorized release from an underground storage tank at an eligible site if all of the following conditions are met:

(1) The costs of response actions are incurred on or after January 1, 2005, and are incurred by or on behalf of the applicant.

(2) Either of the following is met:
(A) The regulatory agency responsible for overseeing response actions at the eligible site directs or approves response actions.

(B) Response actions are required as part of the site development process.

(3) The response actions are necessary to protect human health, safety, and the environment, and are performed in accordance with applicable laws, including Health and Safety Code, division 20, chapter 6.7, Water Code, division 7, and California Code of Regulations, title 23, division 3, chapter 16.

(b) In addition to the conditions contained in subdivision (a), the following conditions apply:

(1) To receive an assessment grant, the applicant must demonstrate that the applicant has provided to the Board and any regulatory agency overseeing the response actions a copy of all site assessments and investigation reports, workplans, and corrective action plans for the eligible site that are available to the applicant.

(2) To receive payment pursuant to a cleanup grant, the applicant must demonstrate that the applicant is the equitable or legal owner of the eligible site, unless the applicant is a public agency.

(c) The Board may not issue grants from the Orphan Site Cleanup Fund for more than $1,500,000 per occurrence. Any grants issued and reimbursed by the Board from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount shall be counted toward the total amount available per occurrence from the Orphan Site Cleanup Fund.

(d) The Board shall not award more than $3,000,000 pursuant to this article to an applicant in any fiscal year. For purposes of determining the total amount awarded to an applicant for purposes of this subdivision, the Board shall include any award of funds made to an applicant's affiliates. The Board may waive this limitation if doing so would provide for an equitable and timely use of available funds.

1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of section, transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).

Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code

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