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 2814.26 - Double Payment

Universal Citation: 23 CA Code of Regs 2814.26
Current through Register 2024 Notice Reg. No. 38, September 20, 2024

An applicant may not receive payment from the Orphan Site Cleanup Fund for response actions that have been or will be paid or otherwise compensated from another source. For purposes of this article, a reduction in the applicant's cost to acquire an eligible site shall not be considered compensation from another source. If an applicant has or will receive compensation for costs of response actions from another source, the Board shall apply California Code of Regulations, title 23, chapter 18, article 4, section 2812.3 to determine the amount of double payment, if any. However, any reference in section 2812.3 to the claimant, the Fund, and corrective action shall, for the purposes of this article, be deemed a reference to the applicant, the Orphan Site Cleanup Fund, and response actions, respectively.

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 A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.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 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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