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 2814.27 - Priority Ranking

Universal Citation: 23 CA Code of Regs 2814.27

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

(a) Applications received by the Board on or before 45 days after the effective date of this section will be ranked in the following order of priority:

(1) Applications for a grant to complete assessment, cleanup, or both that are submitted by applicants who applied for and received a grant for the same site from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount. These applications will be ranked according to their order of priority on the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount Priority List, adopted on April 5, 2006, and amended effective November 22, 2006, February 9, 2007, March 23, 2007, May 14, 2007, and October 16, 2007.

(2) Applications from applicants who applied for a grant from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount and were on the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount Priority List, Amendment Number 6, effective October 16, 2007, but did not receive a grant. These applications will be ranked according to their order of priority on the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount Priority List, Amendment Number 6, effective October 16, 2007.

(3) Except as provided in subdivision (c), all other applications will be ranked as if received on the same date. These applications will be randomly ranked to determine the order of priority.

(b) Except as provided in subdivision (c), the priority of applications that are received more than 45 days after the effective date of this section will be ranked according to the date the Board receives the application. Applications received on the same day will be randomly ranked.

(c) If the Board determines that sufficient funding to meet the demand for Orphan Site Cleanup Fund grants will not be available in a given fiscal year, the Board shall calculate a priority score to rank each application that is subject to subdivisions (a)(3) and (b) using scales developed by the Board that measure the following factors:

(1) Forty percent of the priority score is based on whether the unauthorized release is located within 1,000 feet of a drinking water well or a surface water body used as a source of drinking water.

(2) Thirty percent of the priority score is based on whether the site is located in a census tract with median household income of less than 80 percent of the statewide median household income based on the most recent census data collected by the United State Bureau of the Census.

(3) Thirty percent of the priority score is based on the potential for the project to result in development of affordable inner city housing or otherwise promote inner city infill development.

(d) The priority of applications that receive the same total priority score pursuant to subdivision (c) shall be based upon the date the application to the Orphan Site Cleanup Fund is received by the Board.

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 subsections (a) and (b)(3), 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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