Cal. Code Regs. tit. 22 § 67401.12

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 67401.12 - Procedures for Filing Claims Against the Expedited Site Remediation Trust Fund

(a) Within 3 months after the Department has approved a request for a certificate of completion pursuant to H&SC Section 25398.15 (as it read on June 26, 2012), responsible persons who entered into and are in compliance with an enforceable agreement with the Department pursuant to H&SC Section 25398.2(b)(1) (as it read on June 26, 2012) may file a claim with the Department for reimbursement of the portion of the response action allocated to an orphan share pursuant to H&SC Section 25398.8 (as it read on June 26, 2012). For purposes of this section, the Department will only accept one consolidated claim for a reimbursement of response costs allocated to an orphan share from responsible persons who have signed an enforceable agreement pursuant to H&SC Section 25398.2(b)(1) (as it read on June 26, 2012). Responsible persons filing such a claim shall comply with the following claims procedures for reimbursement by the Expedited Site Remediation Trust Fund:

(1) The responsible person shall file a written claim with the Department. All claims must be filed with the Department by March 1 of each year to be considered for distribution of funds appropriated for that fiscal year.

(2) All claims filed by the responsible person shall include copies of the following: the enforceable agreement entered into pursuant to H&SC Section 25398.2(b)(1) (as it read on June 26, 2012), the Department's apportionment of liability conducted pursuant to H&SC Section 25398.8 (as it read on June 26, 2012), and an accounting of response costs defined in subdivision (t) of H&SC Section 25396 (as it read on June 26, 2012) and Section 67401.2, and any other information requested by the Department deemed appropriate in determining the legitimacy of the claim.

Cal. Code Regs. Tit. 22, § 67401.12

1. New section and appendix filed 6-30-95 as an emergency; operative 6-30-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-95 or emergency language will be repealed by operation of law on the following day.
2. New section and appendix refiled 12-26-95 as an emergency; operative 12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-24-96 or emergency language will be repealed by operation of law on the following day.
3. New section and appendix refiled 4-24-96 as an emergency; operative 4-24-96 (Register 96, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-22-96 or emergency language will be repealed by operation of law on the following day.
4. New section and appendix repealed by operation of Government Code section 11346.1(g) (Register 96, No. 35).
5. New section and appendix filed 8-26-96 as an emergency; operative 8-26-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-26-96 order, including repealer and new section, transmitted to OAL 10-30-96 and filed 12-10-96 (Register 96, No. 50).
7. Change without regulatory effect amending subsections (a) and (a)(2) and NOTE filed 1-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 2).

Note: Authority cited: Sections 25298.8(b) and 25396, Health and Safety Code; Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25396, Health and Safety Code.

1. New section and appendix filed 6-30-95 as an emergency; operative 6-30-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-95 or emergency language will be repealed by operation of law on the following day.
2. New section and appendix refiled 12-26-95 as an emergency; operative 12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-24-96 or emergency language will be repealed by operation of law on the following day.
3. New section and appendix refiled 4-24-96 as an emergency; operative 4-24-96 (Register 96, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-22-96 or emergency language will be repealed by operation of law on the following day.
4. New section and appendix repealed by operation of Government Code section 11346.1(g) (Register 96, No. 35).
5. New section and appendix filed 8-26-96 as an emergency; operative 8-26-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-26-96 order, including repealer and new section, transmitted to OAL 10-30-96 and filed 12-10-96 (Register 96, No. 50).
7. Change without regulatory effect amending subsections (a) and (a)(2) and Note filed 1-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 2).