State Codes and Statutes

Statutes > California > Hsc > 25299.90-25299.96

HEALTH AND SAFETY CODE
SECTION 25299.90-25299.96



25299.90.  The Legislature hereby finds and declares all of the
following:
   (a) Commingled plumes of petroleum contaminated groundwater
involve serious water quality impacts.
   (b) Unauthorized releases from underground storage tanks are a
major source of commingled plumes of petroleum contaminated
groundwater.
   (c) Unless corrective action is performed in a coordinated manner,
remedial action of commingled plumes may be ineffective.
   (d) Disagreement over shared liability among parties responsible
for underground storage tank leaks which contributed to commingled
plumes may result in substantial expenditures for legal costs and the
expense of necessary cleanup.
   (e) Reimbursing claimants jointly will result in more efficient
cleanups, lower total corrective action costs, and reduced legal
costs for commingled plumes.



25299.91.  As used in this article, the following terms have the
following meaning:
   (a) "Commingled plume" means the condition that exists when
groundwater contaminated with petroleum from two or more discrete
unauthorized releases have mixed or encroached upon one another to
the extent that the corrective action performed on one plume will
necessarily affect the other. A commingled plume does not include
either of the following:
   (1) Contaminated groundwater plumes resulting from unauthorized
releases or discharges from a single site.
   (2) Soil contamination, unless it can be demonstrated that the
contaminated soil is an immediate threat to groundwater.
   (b) "Contributing site" means a site on which an unauthorized
release or discharge of waste has occurred or is occurring and has
impacted or threatens to impact groundwater.



25299.92.  A sum not to exceed ten million dollars ($10,000,000)
from Item 3940-001-0439 of Section 2.00 of the Budget Act of 1996
(Ch. 162, Stats. 1996) shall be available for expenditure for the
1996-97 fiscal year for the purposes of this article. In subsequent
fiscal years, it is the intent of the Legislature that an
appropriation be made in the annual Budget Act to carry out this
article.


25299.93.  (a) A joint claim may be submitted for reimbursement of
corrective action costs for a commingled plume if all of the
following conditions are met:
   (1) Each person named in the joint claim is an owner, operator, or
other responsible party ordered to perform corrective action or
remedial action pursuant to this chapter, Chapter 6.7 (commencing
with Section 25280), or Division 7 (commencing with Section 13000) of
the Water Code.
   (2) After performing a soil and water investigation in accordance
with Article 11 (commencing with Section 2720) of Chapter 16 of
Division 3 of Title 23 of the California Code of Regulations, the
joint claimants demonstrate to the satisfaction of the local or
regulatory agency and the board that a commingled plume exists and
that every identified unauthorized release or discharge has
contributed substantially to the commingled plume.
   (3) At least 85 percent of the commingled plume is comprised of
petroleum contamination resulting from an unauthorized release from a
tank whose owner or operator is eligible for payment of a claim
pursuant to Section 25299.54.
   (4) At least two contributing sites involve an unauthorized
release.
   (5) The joint claimants have coordinated corrective action as soon
as practicable.
   (6) The joint claimants agree to seek preapproval of corrective
action costs in accordance with subdivision (c) of Section 25299.57.
   (7) The joint claimants have entered into a written agreement that
provides for a coordinated corrective action plan. The written
agreement shall require the joint claimants to do the following:
   (A) Appoint one of the joint claimants to represent the joint
claimants for purposes of interacting with the local or regulatory
agency and the board.
   (B) Permit the joint claimants reasonable access to contributing
sites as necessary to perform corrective action.
   (C) Identify any corrective action costs incurred at contributing
sites and assess if any of those costs may be eligible for
reimbursement under this chapter.
   (D) Estimate responsibility among the joint claimants and provide
a formula or method for apportioning costs that are not eligible for
reimbursement under this chapter or which exceed the limitations
prescribed in Section 25299.94.
   (E) Identify all money or other compensation received by any joint
claimant which is related to contamination at any contributing site
or the commingled groundwater plume.
   (b) A joint claim may be submitted for reimbursement of third
parties as provided in Section 25299.58 subject to both of the
following conditions:
   (1) The conditions set forth in subdivision (a) are satisfied.
   (2) An owner or operator named in the joint claim is liable for a
third-party compensation claim.



25299.94.  (a) The board may pay the cost of corrective actions and
third-party compensation claims that are submitted as part of a joint
claim and which exceed the amount specified in subdivision (b), but
do not exceed an amount equal to one million five hundred thousand
dollars ($1,500,000) per occurrence, for which an owner or operator
named in the joint claim is eligible for reimbursement under this
chapter. If a claim from a contributing site exceeds one million
dollars ($1,000,000) for an occurrence, the board may only reimburse
costs submitted pursuant to Section 25299.57 for those costs in
excess of one million dollars ($1,000,000).
   (b) For each joint claim, the board may only pay for the costs of
corrective action and third-party compensation claims that exceed the
aggregate of the levels of financial responsibility required
pursuant to Section 25299.32 for each owner or operator named in the
joint claim.
   (c) The costs of corrective action determined eligible for
reimbursement shall be paid before third-party compensation claims.
   (d) Except as provided in paragraph (1) of subdivision (e),
reimbursement for costs of corrective action is limited to costs
incurred by the joint claimants after executing an agreement under
paragraph (7) of subdivision (a) of Section 25299.93.
   (e) Both of the following costs of corrective action incurred at a
contributing site may be reimbursed in accordance with subdivision
(f):
   (1) Costs incurred by an owner or operator before executing an
agreement described in paragraph (7) of subdivision (a) of Section
25299.93.
   (2) Costs relating to unauthorized releases that do not contribute
to the commingled plume, but which are included in the occurrence
which is the subject of the joint claim.
   (f) An owner or operator may seek reimbursement of costs described
in subdivision (e) by doing either of the following:
   (1) Including a payment request for those corrective action costs
with the claim filed under this article.
   (2) Filing a claim or maintaining an existing claim under Article
6 (commencing with Section 25299.50).
   (g) Any reimbursement received pursuant to subdivision (f) and any
amount excluded from the payment based on the amount of financial
responsibility required to be maintained shall be applied toward the
limitations prescribed in subdivision (a).
   (h) The board shall not reimburse a claimant or joint claimant for
any eligible costs for which the claimant or joint claimant has
been, or will be, compensated by another party.



25299.95.  (a) An owner or operator named in a joint claim filed
under this article may not file or maintain a claim under Article 6
(commencing with Section 25299.50) for the same occurrence.
   (b) When a joint claim under this article has been approved, the
board shall remove any claims filed under Article 6 (commencing with
Section 25299.50) by an owner or operator named in the approved
claim.
   (c) If an owner or operator withdraws from a claim filed under
this article, the owner or operator may submit or resubmit a claim
pursuant to Article 6 (commencing with Section 25299.50).
   (d) Any claims filed pursuant to subdivision (c) shall be assigned
to a priority class pursuant to Section 25299.52 and ranked in
accordance with the procedures contained in regulations adopted by
the board pursuant to Section 25299.77.
   (e) This section does not apply to a claim filed for a separate
occurrence at a contributing site or a claim authorized pursuant to
paragraph (2) of subdivision (f) of Section 25299.94.



25299.96.  The priority for payment of a joint claim submitted under
this article shall be based on the date on which the board receives
a complete application. For purposes of this section, an application
shall not be considered complete until the applicable local agency or
other regulatory agency confirms the existence of a commingled plume
and the joint claimant submits an agreement which complies with
paragraph (7) of subdivision (a) of Section 25299.93.


State Codes and Statutes

Statutes > California > Hsc > 25299.90-25299.96

HEALTH AND SAFETY CODE
SECTION 25299.90-25299.96



25299.90.  The Legislature hereby finds and declares all of the
following:
   (a) Commingled plumes of petroleum contaminated groundwater
involve serious water quality impacts.
   (b) Unauthorized releases from underground storage tanks are a
major source of commingled plumes of petroleum contaminated
groundwater.
   (c) Unless corrective action is performed in a coordinated manner,
remedial action of commingled plumes may be ineffective.
   (d) Disagreement over shared liability among parties responsible
for underground storage tank leaks which contributed to commingled
plumes may result in substantial expenditures for legal costs and the
expense of necessary cleanup.
   (e) Reimbursing claimants jointly will result in more efficient
cleanups, lower total corrective action costs, and reduced legal
costs for commingled plumes.



25299.91.  As used in this article, the following terms have the
following meaning:
   (a) "Commingled plume" means the condition that exists when
groundwater contaminated with petroleum from two or more discrete
unauthorized releases have mixed or encroached upon one another to
the extent that the corrective action performed on one plume will
necessarily affect the other. A commingled plume does not include
either of the following:
   (1) Contaminated groundwater plumes resulting from unauthorized
releases or discharges from a single site.
   (2) Soil contamination, unless it can be demonstrated that the
contaminated soil is an immediate threat to groundwater.
   (b) "Contributing site" means a site on which an unauthorized
release or discharge of waste has occurred or is occurring and has
impacted or threatens to impact groundwater.



25299.92.  A sum not to exceed ten million dollars ($10,000,000)
from Item 3940-001-0439 of Section 2.00 of the Budget Act of 1996
(Ch. 162, Stats. 1996) shall be available for expenditure for the
1996-97 fiscal year for the purposes of this article. In subsequent
fiscal years, it is the intent of the Legislature that an
appropriation be made in the annual Budget Act to carry out this
article.


25299.93.  (a) A joint claim may be submitted for reimbursement of
corrective action costs for a commingled plume if all of the
following conditions are met:
   (1) Each person named in the joint claim is an owner, operator, or
other responsible party ordered to perform corrective action or
remedial action pursuant to this chapter, Chapter 6.7 (commencing
with Section 25280), or Division 7 (commencing with Section 13000) of
the Water Code.
   (2) After performing a soil and water investigation in accordance
with Article 11 (commencing with Section 2720) of Chapter 16 of
Division 3 of Title 23 of the California Code of Regulations, the
joint claimants demonstrate to the satisfaction of the local or
regulatory agency and the board that a commingled plume exists and
that every identified unauthorized release or discharge has
contributed substantially to the commingled plume.
   (3) At least 85 percent of the commingled plume is comprised of
petroleum contamination resulting from an unauthorized release from a
tank whose owner or operator is eligible for payment of a claim
pursuant to Section 25299.54.
   (4) At least two contributing sites involve an unauthorized
release.
   (5) The joint claimants have coordinated corrective action as soon
as practicable.
   (6) The joint claimants agree to seek preapproval of corrective
action costs in accordance with subdivision (c) of Section 25299.57.
   (7) The joint claimants have entered into a written agreement that
provides for a coordinated corrective action plan. The written
agreement shall require the joint claimants to do the following:
   (A) Appoint one of the joint claimants to represent the joint
claimants for purposes of interacting with the local or regulatory
agency and the board.
   (B) Permit the joint claimants reasonable access to contributing
sites as necessary to perform corrective action.
   (C) Identify any corrective action costs incurred at contributing
sites and assess if any of those costs may be eligible for
reimbursement under this chapter.
   (D) Estimate responsibility among the joint claimants and provide
a formula or method for apportioning costs that are not eligible for
reimbursement under this chapter or which exceed the limitations
prescribed in Section 25299.94.
   (E) Identify all money or other compensation received by any joint
claimant which is related to contamination at any contributing site
or the commingled groundwater plume.
   (b) A joint claim may be submitted for reimbursement of third
parties as provided in Section 25299.58 subject to both of the
following conditions:
   (1) The conditions set forth in subdivision (a) are satisfied.
   (2) An owner or operator named in the joint claim is liable for a
third-party compensation claim.



25299.94.  (a) The board may pay the cost of corrective actions and
third-party compensation claims that are submitted as part of a joint
claim and which exceed the amount specified in subdivision (b), but
do not exceed an amount equal to one million five hundred thousand
dollars ($1,500,000) per occurrence, for which an owner or operator
named in the joint claim is eligible for reimbursement under this
chapter. If a claim from a contributing site exceeds one million
dollars ($1,000,000) for an occurrence, the board may only reimburse
costs submitted pursuant to Section 25299.57 for those costs in
excess of one million dollars ($1,000,000).
   (b) For each joint claim, the board may only pay for the costs of
corrective action and third-party compensation claims that exceed the
aggregate of the levels of financial responsibility required
pursuant to Section 25299.32 for each owner or operator named in the
joint claim.
   (c) The costs of corrective action determined eligible for
reimbursement shall be paid before third-party compensation claims.
   (d) Except as provided in paragraph (1) of subdivision (e),
reimbursement for costs of corrective action is limited to costs
incurred by the joint claimants after executing an agreement under
paragraph (7) of subdivision (a) of Section 25299.93.
   (e) Both of the following costs of corrective action incurred at a
contributing site may be reimbursed in accordance with subdivision
(f):
   (1) Costs incurred by an owner or operator before executing an
agreement described in paragraph (7) of subdivision (a) of Section
25299.93.
   (2) Costs relating to unauthorized releases that do not contribute
to the commingled plume, but which are included in the occurrence
which is the subject of the joint claim.
   (f) An owner or operator may seek reimbursement of costs described
in subdivision (e) by doing either of the following:
   (1) Including a payment request for those corrective action costs
with the claim filed under this article.
   (2) Filing a claim or maintaining an existing claim under Article
6 (commencing with Section 25299.50).
   (g) Any reimbursement received pursuant to subdivision (f) and any
amount excluded from the payment based on the amount of financial
responsibility required to be maintained shall be applied toward the
limitations prescribed in subdivision (a).
   (h) The board shall not reimburse a claimant or joint claimant for
any eligible costs for which the claimant or joint claimant has
been, or will be, compensated by another party.



25299.95.  (a) An owner or operator named in a joint claim filed
under this article may not file or maintain a claim under Article 6
(commencing with Section 25299.50) for the same occurrence.
   (b) When a joint claim under this article has been approved, the
board shall remove any claims filed under Article 6 (commencing with
Section 25299.50) by an owner or operator named in the approved
claim.
   (c) If an owner or operator withdraws from a claim filed under
this article, the owner or operator may submit or resubmit a claim
pursuant to Article 6 (commencing with Section 25299.50).
   (d) Any claims filed pursuant to subdivision (c) shall be assigned
to a priority class pursuant to Section 25299.52 and ranked in
accordance with the procedures contained in regulations adopted by
the board pursuant to Section 25299.77.
   (e) This section does not apply to a claim filed for a separate
occurrence at a contributing site or a claim authorized pursuant to
paragraph (2) of subdivision (f) of Section 25299.94.



25299.96.  The priority for payment of a joint claim submitted under
this article shall be based on the date on which the board receives
a complete application. For purposes of this section, an application
shall not be considered complete until the applicable local agency or
other regulatory agency confirms the existence of a commingled plume
and the joint claimant submits an agreement which complies with
paragraph (7) of subdivision (a) of Section 25299.93.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 25299.90-25299.96

HEALTH AND SAFETY CODE
SECTION 25299.90-25299.96



25299.90.  The Legislature hereby finds and declares all of the
following:
   (a) Commingled plumes of petroleum contaminated groundwater
involve serious water quality impacts.
   (b) Unauthorized releases from underground storage tanks are a
major source of commingled plumes of petroleum contaminated
groundwater.
   (c) Unless corrective action is performed in a coordinated manner,
remedial action of commingled plumes may be ineffective.
   (d) Disagreement over shared liability among parties responsible
for underground storage tank leaks which contributed to commingled
plumes may result in substantial expenditures for legal costs and the
expense of necessary cleanup.
   (e) Reimbursing claimants jointly will result in more efficient
cleanups, lower total corrective action costs, and reduced legal
costs for commingled plumes.



25299.91.  As used in this article, the following terms have the
following meaning:
   (a) "Commingled plume" means the condition that exists when
groundwater contaminated with petroleum from two or more discrete
unauthorized releases have mixed or encroached upon one another to
the extent that the corrective action performed on one plume will
necessarily affect the other. A commingled plume does not include
either of the following:
   (1) Contaminated groundwater plumes resulting from unauthorized
releases or discharges from a single site.
   (2) Soil contamination, unless it can be demonstrated that the
contaminated soil is an immediate threat to groundwater.
   (b) "Contributing site" means a site on which an unauthorized
release or discharge of waste has occurred or is occurring and has
impacted or threatens to impact groundwater.



25299.92.  A sum not to exceed ten million dollars ($10,000,000)
from Item 3940-001-0439 of Section 2.00 of the Budget Act of 1996
(Ch. 162, Stats. 1996) shall be available for expenditure for the
1996-97 fiscal year for the purposes of this article. In subsequent
fiscal years, it is the intent of the Legislature that an
appropriation be made in the annual Budget Act to carry out this
article.


25299.93.  (a) A joint claim may be submitted for reimbursement of
corrective action costs for a commingled plume if all of the
following conditions are met:
   (1) Each person named in the joint claim is an owner, operator, or
other responsible party ordered to perform corrective action or
remedial action pursuant to this chapter, Chapter 6.7 (commencing
with Section 25280), or Division 7 (commencing with Section 13000) of
the Water Code.
   (2) After performing a soil and water investigation in accordance
with Article 11 (commencing with Section 2720) of Chapter 16 of
Division 3 of Title 23 of the California Code of Regulations, the
joint claimants demonstrate to the satisfaction of the local or
regulatory agency and the board that a commingled plume exists and
that every identified unauthorized release or discharge has
contributed substantially to the commingled plume.
   (3) At least 85 percent of the commingled plume is comprised of
petroleum contamination resulting from an unauthorized release from a
tank whose owner or operator is eligible for payment of a claim
pursuant to Section 25299.54.
   (4) At least two contributing sites involve an unauthorized
release.
   (5) The joint claimants have coordinated corrective action as soon
as practicable.
   (6) The joint claimants agree to seek preapproval of corrective
action costs in accordance with subdivision (c) of Section 25299.57.
   (7) The joint claimants have entered into a written agreement that
provides for a coordinated corrective action plan. The written
agreement shall require the joint claimants to do the following:
   (A) Appoint one of the joint claimants to represent the joint
claimants for purposes of interacting with the local or regulatory
agency and the board.
   (B) Permit the joint claimants reasonable access to contributing
sites as necessary to perform corrective action.
   (C) Identify any corrective action costs incurred at contributing
sites and assess if any of those costs may be eligible for
reimbursement under this chapter.
   (D) Estimate responsibility among the joint claimants and provide
a formula or method for apportioning costs that are not eligible for
reimbursement under this chapter or which exceed the limitations
prescribed in Section 25299.94.
   (E) Identify all money or other compensation received by any joint
claimant which is related to contamination at any contributing site
or the commingled groundwater plume.
   (b) A joint claim may be submitted for reimbursement of third
parties as provided in Section 25299.58 subject to both of the
following conditions:
   (1) The conditions set forth in subdivision (a) are satisfied.
   (2) An owner or operator named in the joint claim is liable for a
third-party compensation claim.



25299.94.  (a) The board may pay the cost of corrective actions and
third-party compensation claims that are submitted as part of a joint
claim and which exceed the amount specified in subdivision (b), but
do not exceed an amount equal to one million five hundred thousand
dollars ($1,500,000) per occurrence, for which an owner or operator
named in the joint claim is eligible for reimbursement under this
chapter. If a claim from a contributing site exceeds one million
dollars ($1,000,000) for an occurrence, the board may only reimburse
costs submitted pursuant to Section 25299.57 for those costs in
excess of one million dollars ($1,000,000).
   (b) For each joint claim, the board may only pay for the costs of
corrective action and third-party compensation claims that exceed the
aggregate of the levels of financial responsibility required
pursuant to Section 25299.32 for each owner or operator named in the
joint claim.
   (c) The costs of corrective action determined eligible for
reimbursement shall be paid before third-party compensation claims.
   (d) Except as provided in paragraph (1) of subdivision (e),
reimbursement for costs of corrective action is limited to costs
incurred by the joint claimants after executing an agreement under
paragraph (7) of subdivision (a) of Section 25299.93.
   (e) Both of the following costs of corrective action incurred at a
contributing site may be reimbursed in accordance with subdivision
(f):
   (1) Costs incurred by an owner or operator before executing an
agreement described in paragraph (7) of subdivision (a) of Section
25299.93.
   (2) Costs relating to unauthorized releases that do not contribute
to the commingled plume, but which are included in the occurrence
which is the subject of the joint claim.
   (f) An owner or operator may seek reimbursement of costs described
in subdivision (e) by doing either of the following:
   (1) Including a payment request for those corrective action costs
with the claim filed under this article.
   (2) Filing a claim or maintaining an existing claim under Article
6 (commencing with Section 25299.50).
   (g) Any reimbursement received pursuant to subdivision (f) and any
amount excluded from the payment based on the amount of financial
responsibility required to be maintained shall be applied toward the
limitations prescribed in subdivision (a).
   (h) The board shall not reimburse a claimant or joint claimant for
any eligible costs for which the claimant or joint claimant has
been, or will be, compensated by another party.



25299.95.  (a) An owner or operator named in a joint claim filed
under this article may not file or maintain a claim under Article 6
(commencing with Section 25299.50) for the same occurrence.
   (b) When a joint claim under this article has been approved, the
board shall remove any claims filed under Article 6 (commencing with
Section 25299.50) by an owner or operator named in the approved
claim.
   (c) If an owner or operator withdraws from a claim filed under
this article, the owner or operator may submit or resubmit a claim
pursuant to Article 6 (commencing with Section 25299.50).
   (d) Any claims filed pursuant to subdivision (c) shall be assigned
to a priority class pursuant to Section 25299.52 and ranked in
accordance with the procedures contained in regulations adopted by
the board pursuant to Section 25299.77.
   (e) This section does not apply to a claim filed for a separate
occurrence at a contributing site or a claim authorized pursuant to
paragraph (2) of subdivision (f) of Section 25299.94.



25299.96.  The priority for payment of a joint claim submitted under
this article shall be based on the date on which the board receives
a complete application. For purposes of this section, an application
shall not be considered complete until the applicable local agency or
other regulatory agency confirms the existence of a commingled plume
and the joint claimant submits an agreement which complies with
paragraph (7) of subdivision (a) of Section 25299.93.