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 2814.33 - Removal from the Priority List and Resubmission of Applications

Universal Citation: 23 CA Code of Regs 2814.33

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

(a) An application that has been placed on the priority list may be removed if:

(1) The applicant is not in compliance with any of the applicable requirements of this article, Health and Safety Code, division 20, chapter 6.7, California Code of Regulations, title 23, division 3, chapter 16, or any provision of the Water Code under which the applicant is required to take response actions for an unauthorized release from an underground storage tank;

(2) The applicant fails to provide necessary documentation or information, or refuses to provide access to the eligible site that is the subject of the application to a regulatory agency; or

(3) The information submitted with the application contains a material error.

(b) An applicant may resubmit an application that has been removed from the priority list pursuant to subdivision (a) of this section if the applicant has corrected the condition that was the basis for the removal. An application that is resubmitted pursuant to this subdivision shall be treated as a new application. If the Board determines that the applicant has corrected the condition that was the basis for removal, the application's priority ranking shall be based on the date when the Board makes its determination. An application may not be resubmitted to the Board if the information submitted with the application contains a material error that was a result of misrepresentation or fraud or other misconduct on the part of the applicant.

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 A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.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