Cal. Code Regs. tit. 23 § 3424

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

Section 3424 - Loan Application Content

A completed application for a loan shall consist of the following:

(a) The applicant's legal name, the applicant's legal address or domicile, the applicant's mailing address, the project address, legal entity type and documentation to support the entity type, the number of full- and part-time workers employed by the business, and if applicable, the applicant's fictitious business name and documentation to support the fictitious business name;

(b) Information for the contact person for the applicant, including that person's name and title, the telephone number where the contact person can be contacted during normal business hours, and the contact person's email address;

(c) A list of the names, titles, and legal addresses or domiciles of each of the applicant's principals and a list of the names and ownership percentages of each of the applicant's owners, shareholders, or partners;

(d) The name of each guarantor and the guarantor's mailing address, the telephone number where the guarantor can be contacted during normal business hours, and the guarantor's email address;

(e) A list of the project tanks and any other tanks owned and/or operated by the applicant at the project facility, the California Environmental Reporting System Identification Number for each tank, and all of the following:

(1)

(A) A copy of the current operating permit issued by the applicable local agency for each tank;

(B) Both of the following:

(i) A copy of a completed operating permit application form signed by an authorized representative of the local agency, an expired operating permit, or a permit renewal invoice; and

(ii) Evidence that the operating permit fee has been paid for each of the underground storage tanks at the project facility owned and/or operated by the applicant for the current year, consisting of a canceled check or a receipt from the applicable local agency;

(C) An explanation of why the tank is exempt from the permitting requirements of subdivision (a) of section 25284 of the Health and Safety Code; and

(D) An explanation of how the project will bring the project tanks into compliance with the permitting requirements of subdivision (a) of section 25284 of the Health and Safety Code in accordance with subdivision (f).

(2)

(A) A copy of the current permit to operate issued by the applicable air district for each tank;

(B) Both of the following:

(i) A copy of a completed operating permit application form signed by an authorized representative of the air district, an expired operating permit, or a permit renewal invoice; and

(C) An explanation of why the tank is exempt from the permitting requirements of section 41954 of the Health and Safety Code; or

(D) An explanation of how the project will bring the project tanks into compliance with the permitting requirements of section 41954 of the Health and Safety Code in accordance with subdivision (f).

(f) If the project tanks are not currently in compliance with all of the requirements of chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations, the applicant must provide an explanation of how the project will bring the project tanks into compliance with chapter 6.7 of division 20 of the Health and Safety Code, section 41954 of the Health and Safety Code, and implementing regulations.

(g) A list of all tanks owned and/or operated by the applicant, except the project tanks and any other tanks owned and/or operated by the applicant at the project facility, the street address of each tank, the California Environmental Reporting System Identification Number for each tank, and all of the following:

(1)

(A) A copy of the current operating permit issued by the applicable local agency for each tank;

(B) Both of the following:

(i) A copy of a completed operating permit application form signed by an authorized representative of the local agency, an expired operating permit, or a permit renewal invoice; and

(C) An explanation why the tank is exempt from the permitting requirements of subdivision (a) of section 25284 of the Health and Safety Code.

(2)

(A) A copy of the current permit to operate issued by the applicable air district for each tank;

(B) Both of the following:

(i) A copy of a completed operating permit application form signed by an authorized representative of the air district, an expired operating permit, or a permit renewal invoice; and

(C) An explanation of why the tank is exempt from the permitting requirements of section 41954 of the Health and Safety Code.

(h) Photographs of the project facility and an environmental compliance and risks assessment of the project facility that includes all of the following:

(1) The applicant's name, the project facility address, and the date the athe applicant acquired the property, if applicable;

(2) Information and documentation regarding the project tanks, including;

(A) The date that the project tanks were installed;

(B) The date the applicant acquired and/or began operating the project tanks;

(C) The pipie replacement date, if the project tanks piping has ever been removed or replaced; and

(D) A description of any compliance issues with the project tanks or any other tanks at the project facility during the year preceding the application that have not yet been documented by local regulators or uploaded to the California Environmental Reporting System, including the most recent Designated UST Operator Visual Inspection Report and any other relevant documentation.

(3) Information and documentation regarding the project facility's environmental risks, including:

(A) Information regarding whether any of the following are now or have ever been located on, stored at, or used on the project facility property:

(i) Aboveground storage tanks;

(ii) Sumps, septic tanks, pits, ponds, lagoons, oil/water separators, or clarifiers;

(iii) Chemicals, paints, petroleum products, or pesticieds, maintenance or shop/service areas; and

(iv) Elevators or hydraulic lifts.

(B) A copy of any environmental assessments, audits, or inspections of the project facility property that have not been uploaded to the applicable reporting database.

(4) Information and documentation regarding any environmental cleanup information that may have occurred at the project facility, including:

(A) The case identification number(s), lead cleanup oversight agency, and responsible party(ies) for any open cleanup cases for the project facility; and

(B) The funding source and program identification number for any funding from the Board for which the applicant has applied and/or received funding.

(5) A certification by the applicant under penalty of perjury that all required supporting documentation is included; that all information provided is true and correct to the best of the applicant's knowledge; and that the applicant will inform the State Water Board of any change to the information provided.

(6) Any other information or supporting documentation reasonably required by the Board to assess the environmental compliance and risks at the project facility.

(i) A description of any unauthorized release from any tank owned or operated by the applicant, including information regarding any claim made to the Petroleum Underground Storage Tank Cleanup Fund, any claim made to other sources of local, state, or federal funds, and any claim made to insurers for unauthorized releases from any tanks owned or operated by the applicant;

(j) Information and documents demonstrating that the applicant is in compliance with the financial responsibility requirements specified in sections 25292.2 and 25299.31 of the Health and Safety Code and with Subchapter IX (commencing with section 6991) of chapter 82 of title 42 of the United States Code, as it may be amended or supplemented, and the regulations adopted pursuant to that subchapter; and

(k) A complete legal description of the real property at which the project facility is located and either of the following:

(1) Information and documents showing that the applicant owns the real property at which the project facility is located; or

(2) A lease showing that the applicant is leasing the real property at which the project facility is located, including information regarding the length of the lease and the applicant's right to extend the lease, and information and documents demonstrating that the applicant has the authority and ability to perform the project.

(l) The applicant's most recent California or Federal Employee Tax Return and the Federal Tax Returns for the applicant, each of the applicant's principals, and each guarantor for the previous two years;

(m) Information and documents demonstrating that the applicant can provide adequate collateral and repay the loan, including all of the following:

(1) Information regarding any encumbrances on the collateral;

(2) Credit reports for the applicant, each of the applicant's principals, and each guarantor;

(3) Current financial statements, current and estimated schedules of debt, any history of insolvency, and information related to any tax audits during the last three years for the applicant; and

(4) Status of any current or pending litigation involving the applicant;

(n) Loan amount requested and the requested term of the loan;

(o) Information regarding the project for which funding is being requested, including:

(1) A complete description of the project the applicant will finance with the loan, including information and documentation to show that the project is eligible for loan funds in accordance with section 3421;

(2) Any communications from the applicable air district related to the project and any communications from the applicable local agency related to the project that have not previously been uploaded to the California Environmental Reporting System, including any notices of violation, inspection reports, and work plan approvals;

(3) Proposals, estimates, or contracts prepared by the applicant's selected contractor(s) and equipment supplier(s) and estimates of any project costs not included in those proposals, estimates, or contracts, including a detailed breakdown of all eligible and ineligible labor, equipment, permitting, and other project costs; and

(4) An estimated timetable for completion of the project.

(p) Any other information or supporting documentation reasonably required by the Board to determine an applicant's eligibility or loan amount.

Cal. Code Regs. Tit. 23, § 3424

1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order, including amendment of subsection (c)(2)(A), transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
3. Repealer and new section filed 3-6-2023; operative 7-1-2023 (Register 2023, No. 10).

Note: Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.102 and 25299.103, Health and Safety Code.