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 2814.35 - Intentional or Reckless Acts; Disqualification of Applications

Universal Citation: 23 CA Code of Regs 2814.35

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

(a) Notwithstanding any other provision of this article, response costs that result from the gross negligence or the intentional or reckless acts of the applicant or an agent, servant, employee or representative of the applicant, are not eligible for funding from the Orphan Site Cleanup Fund.

(b) The Board may disqualify an application and may bar the application and any other application submitted by the applicant from further participation in the Orphan Site Cleanup Fund at any time if it is found that any application submitted by the applicant contains a material error that was a result of misrepresentation, 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 A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.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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