Cal. Code Regs. tit. 23 § 2814.28

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2814.28 - Orphan Site Cleanup Fund Application Requirements

An Orphan Site Cleanup Fund application for payment of costs of response actions shall contain the following:

(a) The name of the applicant, the type of entity of the applicant, the applicant's mailing address, telephone number or numbers where the applicant can be contacted during normal business hours, and the applicant's tax identification number;

(b) If a joint application is submitted by multiple applicants, the name, mailing address, telephone number or numbers, and tax identification number of each applicant;

(c) The site address or a description of the site where the underground storage tank(s) that is the subject of the application is located;

(d) A site map drawn to scale that includes a north arrow and distances relative to the nearest public roads and which identifies locations of all underground storage tanks and all other known or potential sources of contamination;

(e) The capacity of the underground storage tanks(s), the substances that have been stored therein and the dates the underground storage tank(s) were removed;

(f) A listing of all other known or potential on or off-site sources of contamination;

(g) Name of the lead oversight regulatory agency, case identification number, name and telephone number of the contact person, and the date the regulatory agency confirmed contamination from an on-site underground storage tank(s);

(h) A description of the unauthorized release, including whether the unauthorized release has impacted, or is likely to impact, groundwater;

(i) A brief description of the response actions undertaken at the site, including an explanation of whether the response actions are directed 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;

(j) Information that demonstrates that the site is an eligible site, including:

(1) Information that demonstrates that the petroleum contamination is the principal source of contamination at the site and that the source of petroleum contamination is, or was, an underground storage tank;

(2) Information that demonstrates that the site is located in an urban area and that the site was previously the site of economic activity that is no longer in operation at that location;

(3) Description of existing and historical uses of the site;

(4) A statement that demonstrates that the site is not listed or proposed for listing on the National Priorities List and that the site is not, or was not, owned or operated by a department, agency, or instrumentality of the United States; and

(5) For applications involving a contiguous expansion of an operating industrial or commercial facility, information that demonstrates the facility is owned or operated by a small business, a small business incubator that is undertaking the expansion with the assistance of a grant authorized by section 15339.3 of the Government Code or a loan guarantee provided pursuant to section 14090 of the Corporations Code, or a nonprofit corporation formed under part 2 or part 4 of division 2 of title 1 of the Corporations Code.

(k) Information that demonstrates that the applicant is an eligible applicant, including:

(1) The identity of current and former owners and operators of the underground storage tank that is the subject of the application;

(2) If the applicant is the owner of the underground storage tank that is the subject of the application, the date the applicant became the owner and a description of the actions that the applicant undertook to remove, close, or permit the underground storage tank;

(3) Information regarding any affiliation that the applicant has with any current or former owner or operator of the underground storage tank;

(4) Explanation of reason why the applicant does not satisfy eligibility criteria contained in sections 25299.54 and 25299.57 of the Health and Safety Code; and

(5) Documentation of the applicant's equitable or legal interest in the eligible site and the applicant's authority to access the eligible site and perform response actions at the eligible site.

(l) Information that indicates whether a financially responsible party, other than the applicant if the applicant is a responsible party, has been identified to pay for response actions at the site, including:

(1) The identity of responsible parties for the unauthorized release that is the subject of the application and a description of the activities undertaken by the applicant to identify responsible parties;

(2) Estimated cost of response actions to remediate the harm caused by the unauthorized release;

(3) For responsible parties that are identified, information relating to the responsible party's ability to pay for response actions, including the responsible party's income, assets, insurance coverage and other financial assistance that is available to pay for response actions; and

(4) For applications submitted by joint applicants that are responsible parties, a statement designating a primary applicant for purposes of section 2814.24, subdivision (c).

(m) Information that will assist the Board in determining the priority ranking of an application, including:

(1) The identification of drinking water wells or surface water bodies used as sources of drinking water within 1,000 feet of the unauthorized release;

(2) The most recent census data that indicate whether the site is located in a census tract with median household income of less than 80 percent of the statewide median household income; and

(3) An explanation of the planned future development of the eligible site, including how the future development will result in the development of affordable inner city housing or otherwise promote inner city infill development.

(n) A certification that all costs of response actions claimed were incurred for work performed on or after January 1, 2005;

(o) A certification that the site is an eligible site, the applicant is an eligible applicant, and that all applicable eligibility requirements are met;

(p) A copy of any agreement entered into by the applicant where a person agrees to incur costs on behalf of the applicant; and

(q) Any other information or supporting documentation reasonably required by the Board to determine the eligibility or priority of the application or the amount that may be paid pursuant to a grant.

Cal. Code Regs. Tit. 23, § 2814.28

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 amendment of subsections (i) and (j)(1), new subsection (l)(4) and amendment of subsection (m)(3), 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.