SECTIONS 25299.30-25299.34

25299.30.  Every owner and operator shall comply with Section25299.31 at the time prescribed in the federal act for theestablishment and maintaining of financial responsibility for takingcorrective action and compensating third parties for bodily injuryand property damage arising from operating an underground storagetank, or when the tank is first filled, for use, with petroleum.25299.31.  (a) Every owner and operator shall establish and maintainevidence of financial responsibility, as provided in this article,for taking corrective action and compensating third parties forbodily injury and property damage arising from operating anunderground storage tank. (b) If the owner and the operator are separate persons, either theowner or the operator shall demonstrate compliance with subdivision(a). (c) An owner may comply with this article by entering into anagreement with the operator of the tank requiring the operator todemonstrate compliance with subdivision (a). However, both the ownerand the operator are in violation of subdivision (a) if evidence offinancial responsibility is not established and maintained inaccordance with this article.25299.32.  (a) (1) Claimants who meet the qualifications ofparagraph (1) of subdivision (b) of Section 25299.52 shall be deemedin compliance with Section 25299.31 if the claimant is eligible forreimbursement from the fund pursuant to Section 25299.54 andsubdivision (d) of Sections 25299.57 and 25299.58. (2) For claimants who meet the qualifications of paragraph (2) or(3) of subdivision (b) of Section 25299.52, the level of financialresponsibility required to be obtained pursuant to Section 25299.31shall be at least five thousand dollars ($5,000) for each occurrenceand at least five thousand dollars ($5,000) annual aggregate coveragefor taking corrective action. (3) For claimants who meet the qualifications of paragraph (4) ofsubdivision (b) of Section 25299.52, the level of financialresponsibility required to be obtained pursuant to Section 25299.31shall be at least ten thousand dollars ($10,000) for each occurrence,and at least ten thousand dollars ($10,000) annual aggregatecoverage for taking corrective action. (b) The level of financial responsibility required to be obtainedpursuant to Section 25299.31 for each occurrence for bodily injuryand property damage shall be in the amount specified by the board inthe regulations adopted pursuant to Section 25299.77. (c) The level of financial responsibility required to be obtainedpursuant to Section 25299.31 shall be in the amount specified by theboard for annual aggregate coverage for both corrective action andbodily injury and property damage. (d) The board may periodically increase the minimum level offinancial responsibility specified in subdivision (a) upon itsdetermination that private insurance is available and affordable. (e) The changes made to this section by the act adding thissubdivision shall apply to all claimants with claims, or portions ofclaims, for corrective action at sites that have not been completed,and for which reimbursement by the fund has not been fully paid bythe board.25299.33.  (a) An owner and operator subject to Section 25299.30 mayestablish evidence of financial responsibility pursuant to thisarticle by any one or more of the means specified in the federal act. (b) An owner or operator shall submit evidence of financialresponsibility on a prepared form to the local agency which hasissued a permit for the operation of the tank pursuant to Section25284.25299.34.  (a) The total liability of any guarantor under thischapter is limited to the aggregate amount which the guarantor hasprovided as evidence of financial responsibility to the owner oroperator pursuant to this article. This section does not limit anyother state or federal statutory, contractual, or common-lawliability of a guarantor to its owner or operator, including, but notlimited to, the liability of the guarantor for bad faith either innegotiating or in failing to negotiate the settlement of any claim. (b) For the purposes of this section, "guarantor" means anyperson, including the insurance fund or the fund, other than theowner or operator, who provides evidence of financial responsibilityfor an owner or operator pursuant to Section 25299.31.