Section 2814.24 - Eligibility Requirements(a) An applicant may receive a grant from the Orphan Site Cleanup Fund for reasonable and necessary costs of response actions that relate to an unauthorized release from an underground storage tank at an eligible site if a financially responsible party, other than the applicant if the applicant is a responsible party, has not been identified to pay for response actions to remediate the harm caused by the unauthorized release. When determining if a responsible party is financially able to pay for response actions to remediate the harm caused by the unauthorized release from an underground storage tank, the Board shall consider the following factors: (1) The estimated cost of response actions to remediate the harm caused by the unauthorized release. If the applicant does not provide a reasonable cost estimate, the Board shall consider the cost of response actions at sites involving a similar unauthorized release from an underground storage tank.(2) The responsible party's income and assets.(3) The responsible party's insurance coverage for response actions to remediate the harm caused by the unauthorized release from the underground storage tank.(4) Other financial assistance available to the responsible party for response actions to remediate the harm caused by the unauthorized release from the underground storage tank.(b) Any person who meets the definition of a responsible party with respect to an unauthorized release where the need for response actions that are the subject of the application are due solely to site development shall not be considered a responsible party for purposes of subdivision (a). If the response actions that are the subject of the application are required pursuant to Health and Safety Code, division 20, chapter 6.7, Water Code, division 7, or California Code of Regulations, title 23, division 3, chapter 16, article 11, then all responsible parties identified for the unauthorized release that is the subject of the application shall be considered for purposes of subdivision (a).(c) If an application is submitted by joint applicants that are also responsible parties, the Board shall require the joint applicants to designate a primary applicant. The Board shall consider the financial ability of all joint applicants who are also responsible parties, other than the primary joint applicant, in accordance with subdivision (a), unless the joint applicants demonstrate to the satisfaction of the Board that doing so is unreasonable or inequitable given the facts and circumstances surrounding the application.(d) The applicant shall make reasonable efforts to obtain the information specified in subdivisions (a)(1) through (4).Cal. Code Regs. Tit. 23, § 2814.24
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, including new subsections (b) and (c) and subsection relettering, 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
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, including new subsections (b) and (c) and subsection relettering, 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).