25299.30. Every owner and operator shall comply with Section
25299.31 at the time prescribed in the federal act for the
establishment and maintaining of financial responsibility for taking
corrective action and compensating third parties for bodily injury
and property damage arising from operating an underground storage
tank, or when the tank is first filled, for use, with petroleum.
25299.31. (a) Every owner and operator shall establish and maintain
evidence of financial responsibility, as provided in this article,
for taking corrective action and compensating third parties for
bodily injury and property damage arising from operating an
underground storage tank.
(b) If the owner and the operator are separate persons, either the
owner or the operator shall demonstrate compliance with subdivision
(a).
(c) An owner may comply with this article by entering into an
agreement with the operator of the tank requiring the operator to
demonstrate compliance with subdivision (a). However, both the owner
and the operator are in violation of subdivision (a) if evidence of
financial responsibility is not established and maintained in
accordance with this article.
25299.32. (a) (1) Claimants who meet the qualifications of
paragraph (1) of subdivision (b) of Section 25299.52 shall be deemed
in compliance with Section 25299.31 if the claimant is eligible for
reimbursement from the fund pursuant to Section 25299.54 and
subdivision (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 financial
responsibility required to be obtained pursuant to Section 25299.31
shall be at least five thousand dollars ($5,000) for each occurrence
and at least five thousand dollars ($5,000) annual aggregate coverage
for taking corrective action.
(3) For claimants who meet the qualifications of paragraph (4) of
subdivision (b) of Section 25299.52, the level of financial
responsibility required to be obtained pursuant to Section 25299.31
shall be at least ten thousand dollars ($10,000) for each occurrence,
and at least ten thousand dollars ($10,000) annual aggregate
coverage for taking corrective action.
(b) The level of financial responsibility required to be obtained
pursuant to Section 25299.31 for each occurrence for bodily injury
and property damage shall be in the amount specified by the board in
the regulations adopted pursuant to Section 25299.77.
(c) The level of financial responsibility required to be obtained
pursuant to Section 25299.31 shall be in the amount specified by the
board for annual aggregate coverage for both corrective action and
bodily injury and property damage.
(d) The board may periodically increase the minimum level of
financial responsibility specified in subdivision (a) upon its
determination that private insurance is available and affordable.
(e) The changes made to this section by the act adding this
subdivision shall apply to all claimants with claims, or portions of
claims, for corrective action at sites that have not been completed,
and for which reimbursement by the fund has not been fully paid by
the board.
25299.33. (a) An owner and operator subject to Section 25299.30 may
establish evidence of financial responsibility pursuant to this
article by any one or more of the means specified in the federal act.
(b) An owner or operator shall submit evidence of financial
responsibility on a prepared form to the local agency which has
issued a permit for the operation of the tank pursuant to Section
25284.
25299.34. (a) The total liability of any guarantor under this
chapter is limited to the aggregate amount which the guarantor has
provided as evidence of financial responsibility to the owner or
operator pursuant to this article. This section does not limit any
other state or federal statutory, contractual, or common-law
liability of a guarantor to its owner or operator, including, but not
limited to, the liability of the guarantor for bad faith either in
negotiating or in failing to negotiate the settlement of any claim.
(b) For the purposes of this section, "guarantor" means any
person, including the insurance fund or the fund, other than the
owner or operator, who provides evidence of financial responsibility
for an owner or operator pursuant to Section 25299.31.
25299.30. Every owner and operator shall comply with Section
25299.31 at the time prescribed in the federal act for the
establishment and maintaining of financial responsibility for taking
corrective action and compensating third parties for bodily injury
and property damage arising from operating an underground storage
tank, or when the tank is first filled, for use, with petroleum.
25299.31. (a) Every owner and operator shall establish and maintain
evidence of financial responsibility, as provided in this article,
for taking corrective action and compensating third parties for
bodily injury and property damage arising from operating an
underground storage tank.
(b) If the owner and the operator are separate persons, either the
owner or the operator shall demonstrate compliance with subdivision
(a).
(c) An owner may comply with this article by entering into an
agreement with the operator of the tank requiring the operator to
demonstrate compliance with subdivision (a). However, both the owner
and the operator are in violation of subdivision (a) if evidence of
financial responsibility is not established and maintained in
accordance with this article.
25299.32. (a) (1) Claimants who meet the qualifications of
paragraph (1) of subdivision (b) of Section 25299.52 shall be deemed
in compliance with Section 25299.31 if the claimant is eligible for
reimbursement from the fund pursuant to Section 25299.54 and
subdivision (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 financial
responsibility required to be obtained pursuant to Section 25299.31
shall be at least five thousand dollars ($5,000) for each occurrence
and at least five thousand dollars ($5,000) annual aggregate coverage
for taking corrective action.
(3) For claimants who meet the qualifications of paragraph (4) of
subdivision (b) of Section 25299.52, the level of financial
responsibility required to be obtained pursuant to Section 25299.31
shall be at least ten thousand dollars ($10,000) for each occurrence,
and at least ten thousand dollars ($10,000) annual aggregate
coverage for taking corrective action.
(b) The level of financial responsibility required to be obtained
pursuant to Section 25299.31 for each occurrence for bodily injury
and property damage shall be in the amount specified by the board in
the regulations adopted pursuant to Section 25299.77.
(c) The level of financial responsibility required to be obtained
pursuant to Section 25299.31 shall be in the amount specified by the
board for annual aggregate coverage for both corrective action and
bodily injury and property damage.
(d) The board may periodically increase the minimum level of
financial responsibility specified in subdivision (a) upon its
determination that private insurance is available and affordable.
(e) The changes made to this section by the act adding this
subdivision shall apply to all claimants with claims, or portions of
claims, for corrective action at sites that have not been completed,
and for which reimbursement by the fund has not been fully paid by
the board.
25299.33. (a) An owner and operator subject to Section 25299.30 may
establish evidence of financial responsibility pursuant to this
article by any one or more of the means specified in the federal act.
(b) An owner or operator shall submit evidence of financial
responsibility on a prepared form to the local agency which has
issued a permit for the operation of the tank pursuant to Section
25284.
25299.34. (a) The total liability of any guarantor under this
chapter is limited to the aggregate amount which the guarantor has
provided as evidence of financial responsibility to the owner or
operator pursuant to this article. This section does not limit any
other state or federal statutory, contractual, or common-law
liability of a guarantor to its owner or operator, including, but not
limited to, the liability of the guarantor for bad faith either in
negotiating or in failing to negotiate the settlement of any claim.
(b) For the purposes of this section, "guarantor" means any
person, including the insurance fund or the fund, other than the
owner or operator, who provides evidence of financial responsibility
for an owner or operator pursuant to Section 25299.31.
25299.30. Every owner and operator shall comply with Section
25299.31 at the time prescribed in the federal act for the
establishment and maintaining of financial responsibility for taking
corrective action and compensating third parties for bodily injury
and property damage arising from operating an underground storage
tank, or when the tank is first filled, for use, with petroleum.
25299.31. (a) Every owner and operator shall establish and maintain
evidence of financial responsibility, as provided in this article,
for taking corrective action and compensating third parties for
bodily injury and property damage arising from operating an
underground storage tank.
(b) If the owner and the operator are separate persons, either the
owner or the operator shall demonstrate compliance with subdivision
(a).
(c) An owner may comply with this article by entering into an
agreement with the operator of the tank requiring the operator to
demonstrate compliance with subdivision (a). However, both the owner
and the operator are in violation of subdivision (a) if evidence of
financial responsibility is not established and maintained in
accordance with this article.
25299.32. (a) (1) Claimants who meet the qualifications of
paragraph (1) of subdivision (b) of Section 25299.52 shall be deemed
in compliance with Section 25299.31 if the claimant is eligible for
reimbursement from the fund pursuant to Section 25299.54 and
subdivision (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 financial
responsibility required to be obtained pursuant to Section 25299.31
shall be at least five thousand dollars ($5,000) for each occurrence
and at least five thousand dollars ($5,000) annual aggregate coverage
for taking corrective action.
(3) For claimants who meet the qualifications of paragraph (4) of
subdivision (b) of Section 25299.52, the level of financial
responsibility required to be obtained pursuant to Section 25299.31
shall be at least ten thousand dollars ($10,000) for each occurrence,
and at least ten thousand dollars ($10,000) annual aggregate
coverage for taking corrective action.
(b) The level of financial responsibility required to be obtained
pursuant to Section 25299.31 for each occurrence for bodily injury
and property damage shall be in the amount specified by the board in
the regulations adopted pursuant to Section 25299.77.
(c) The level of financial responsibility required to be obtained
pursuant to Section 25299.31 shall be in the amount specified by the
board for annual aggregate coverage for both corrective action and
bodily injury and property damage.
(d) The board may periodically increase the minimum level of
financial responsibility specified in subdivision (a) upon its
determination that private insurance is available and affordable.
(e) The changes made to this section by the act adding this
subdivision shall apply to all claimants with claims, or portions of
claims, for corrective action at sites that have not been completed,
and for which reimbursement by the fund has not been fully paid by
the board.
25299.33. (a) An owner and operator subject to Section 25299.30 may
establish evidence of financial responsibility pursuant to this
article by any one or more of the means specified in the federal act.
(b) An owner or operator shall submit evidence of financial
responsibility on a prepared form to the local agency which has
issued a permit for the operation of the tank pursuant to Section
25284.
25299.34. (a) The total liability of any guarantor under this
chapter is limited to the aggregate amount which the guarantor has
provided as evidence of financial responsibility to the owner or
operator pursuant to this article. This section does not limit any
other state or federal statutory, contractual, or common-law
liability of a guarantor to its owner or operator, including, but not
limited to, the liability of the guarantor for bad faith either in
negotiating or in failing to negotiate the settlement of any claim.
(b) For the purposes of this section, "guarantor" means any
person, including the insurance fund or the fund, other than the
owner or operator, who provides evidence of financial responsibility
for an owner or operator pursuant to Section 25299.31.
