HomeMy WebLinkAbout2004 CON Environmental Business Solutions - Site AssessmentAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND ENVIRONMENTAL BUSINESS SOLUTIONS
THIS AGREEMENT is entered into this 20T" day of April, 2004, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
ENVIRONMENTAL BUSINESS SOLUTIONS (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide
environmental consulting services for the Public Works Yard Fuel Facility Underground
Storage Tank Temporary Closure and the National City Police Department Monitoring
and Assessment of Ground Release.
WHEREAS, the CITY has determined that the CONTRACTOR is qualified
by experience and ability to perform the services desired by the CITY, and the
CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform
services as set forth in the attached Exhibit "00" "01" "02" and "04," as indicated in the
attached proposals "11085202.00" "01692203.01" "01693203.02" and "01801203.04".
The attached proposals will hereby be refered to as Exhibit "00" "01" "02" and "04,"
respectively.
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings
cited in Exhibit "A" to keep staff and City Council advised of the progress on the project.
Revised August 2003
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Alberto Griego hereby is designated as the Project Coordinator for the CITY and will
monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for
the progress and execution of this Agreement for the CONTRACTOR. Daniel Johnson
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in "Exhibit "00" "01" "02" and "04"
shall not exceed the budget given in Exhibit "00" "01" "02" and "04" (the Base amount)
without prior written authorization from the Project Coordinator. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice,
provided that work is accomplished consistent with Exhibit "00" "01" "02" and "04" as
determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "00" "01" "02" and "04".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and thereby expressly waives and disclaims, any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications or
other work prepared under this agreement, except upon the CITY's prior authorization
regarding reproduction, which authorization shall not be unreasonably withheld. The
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CONTRACTOR shall, upon request of the CITY, execute any further document(s)
necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed. Further, the CITY shall indemnify and hold
harmless the CONTRACTOR against any claims, liabilities or damages as a result of
any use or misuse by the CITY of any items described in this Section 6 other than for
the specific purposes contemplated by the Scope of Services.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. The CONTRACTOR is
not an employee of the CITY and is not entitled to any of the rights, benefits, or
privileges of the CITY's employees, including but not limited to medical, unemployment,
or workers' compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the CONTRAC-
TOR's obligations to the CITY are solely such as are prescribed by this Agreement.
3 Revised March 2004
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
within the CITY.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar locations. The CITY expects that the CONTRACTOR shall
take all precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. The CONTRACTOR warrants to the CITY that it is not now,
nor has it for the five (5) years preceding, involved in, arbitration or litigation
proceedings concerning the CONTRACTOR's professional performance or the
furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
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employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the Califomia
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
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INSURANCE. The CONTRACTOR, at its sole cost and expense,
maintain, and shall require its subcontractors, when applicable, to
in throughout the term of this agreement, the following insurance
checked, Professional Liability Insurance (errors and omissions)
$1,000,000 per occurrence.
utomobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of its employees and
volunteers.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree -
I. Insurance shall be written with only California Iicended companies
which hold a current policy holder's alphabetic and financial size category rating of not
Tess than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16.
shall purchas and
purchase and
policies
A.
with minimum li
B.
ment.
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Revised March 2004
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
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reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by ovemight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of Califomia) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Stephen M. Kirkpatrick
Acting City Engineer/Public Works Director
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Dan Johnson
Environmental Business Solutions
8799 Balboa Avenue, Suite 290
San Diego, Ca. 92123
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
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has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this .Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be govemed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
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Revised March 2004
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
APPROVED AS TO FORM:
Georg
City Attorney
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10
By:
Dan'"4ohn . on
Vice 'resid: nt
Envi onme al Business Solutions
By:
Tessa McRae
Vice President
Environmental Business Solutions
Revised March 2004
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8799 Balboa Avenue
Suite 290
San Diego CA
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CONFIDENTIAL AND PRIVILEGED
NOT TO BE DISCLOSED TO NON -CLIENT PARTIES
Copyright 2004 Environmental Business Solutions
March 19, 2004
Proposal Number. 11085202.00
Exhibit 00
Mr. Albert Griego
City of National City
Engineering Department
1243 National City Boulevard
National City, CA 92121
RE: Proposal to Conduct a Subsurface Site Assessment (Assessment)
Pursuant to the Requirements of the County of San Diego Department
of Environmental Health (DEH) at 2100 Hoover Avenue, National City
(Site).
DEH Case #: H05081-001
Dear Mr. Griego:
Environmental Business Solutions (EBS) is pleased to submit this proposal to
perfoim assessment activities at the above -referenced Site pursuant to the
requirements of the DEH.
BACKGROUND
The Site is located on the northwest corner of 22nd Street and Hoover Avenue
at 2100 Hoover Avenue, National City. It is currently occupied by the City
of National City Public Works Yard.
Based on review of previous reports, the Site was reported to have six
underground storage tanks (USTs) used to store regular gasoline, diesel fuel,
motor oil, waste oil, and lubricating oil. These tanks were reportedly
installed by the City of National City (CITY) in 1975.
www.ebsenvi;onmenta.com
City of National City Proposal
Proposal Number 11085202.00 Page 2 of 15
March 19, 2004 Environmental Business Solutions
According to a Client memo, at a Council meeting on January 7, 1986, it was reported that
the Client awarded a contract to Ken Hekimian &Associates to test all Underground Storage
Tanks (USTs) containing hazardous materials (gasoline, diesel, lubricating oil, waste engine
oil) that belonged to the City, in accordance with State law. The reported conclusions of this
testing stated that the tanks at the Site were certified as "not leaking".
On August 13, 1986 the client issued a Request for Proposal (RFP), seeking design services
to provide the construction plans and specifications for removal, abandonment, and
replacement of the USTs on site. On November 17, 1986 Woodward -Clyde Consultants
(WCC) issued a proposal in response to the above- mentioned RFP and included the request
by the Client to replace existing tanks with one double -walled 15,000-gallon gasoline UST
and one double -walled 5,000-gallon diesel UST to meet the new California requirements for
USTs and piping for storage of hazardous materials underground. (Information regarding the
USTs is discussed later in the Proposal).
In a report dated January 14, 1987 WCC reported that on December 30, 1986 they had
advanced a boring in soil adjacent to the USTs behind the Public Works Department
Administration Building. Two soil samples and two water samples were reported to have
been collected but only one of each was analyzed. It was reported that the soil sample
analysis revealed the presence of benzene at concentrations of 1.1 mg/kg, ethylbenzene at
concentrations of 0.9 mg/kg, and total xylenes at concentrations of 5.5 mg/kg. By summing
the concentrations of all gasoline constituents in the tested sample, WCC estimated that the
gasoline concentration in the tested sample was approximately 12 mg/kg. It was reported that
the water sample was found to contain 3.8 mg/L of benzene, 0.2 mg/L of toluene and 0.6
mg/L of xylenes. On January 23, 1987, the DEH issued an unauthorized release letter (DEH
case #H05081-001) in reference to the laboratory data submitted by WCC in the January 14
report.
On February 11, 1987 a proposal was prepared by WCC to advance three monitoring wells
to a depth of 10 to 20 feet below ground surface, to sample and analyze the soil above the
water table, and to evaluate the potential need for remediation. On May 4, 1987 it was
reported that three groundwater monitoring wells were installed and analysis of the soil and
water was performed. It was reported that a soil sample from monitoring well MW-1 had a
total lead concentration of 5.9 mg/kg. The concentrations of total petroleum hydrocarbons
(TPH) ranged from 3 mg/kg in a soil sample from MW-1 to 744 mg/kg in a soil sample from
MW-2. Total benzene, toluene, and xylene concentrations ranged from less than detectable
concentrations in soil samples from MW-3 to 706 mg/kg in soil sample from MW-2. TPH
were reported in the groundwater at concentrations of 8.9 mg/kg in MW-1 and 0.73 mg/kg
in MW-2. In a letter from the DEH dated August 31, 1987, the DEH required that a
groundwater monitoring program be implemented and consist of "1) physical monitoring for
any free product accumulation in the existing wells and a record of observations shall be
maintained quarterly, 2) BTX analysis of groundwater samples from all three wells shall be
submitted to this office annually, 3) a written report summarizing items one and two shall be
City of National City Proposal
Proposal Number: 11085202.00 Page 3 of 15
March 19, 2004 Environmental Business Solutions
submitted to this (DEH) office annually." It also stated that the monitoring requirements
would be reevaluated in two years. WCC performed quarterly observations at the Site with
no major fluctuations in benzene values.
Based on the HMMD file review (H05081-001), it was reported that a 500-gallon waste oil
UST and a 500-gallon lubricating oil UST were removed on August 22, 1988. In addition,
it was reported that William Reynolds installed two double -walled USTs (a 15,000-gallon
UST for gasoline and a 5,000-gallon UST for diesel) on September 21, 1988. On February
16,1989 four USTs (a 10,000-gallon gasoline, a 3,000-gallongasoline, a 3,000-gallon diesel,
and a 500-gallon lubricating oil) were abandoned and slurry -filled on Site under DEH
directive. Reported DEH conditions to the approved abandonment were monthly (in-house)
monitoring of monitoring wells for the physical presence of free product and the analysis of
groundwater samples from the wells in accordance with EPA Method 602 to be submitted
to the DEH within six months. In 1989, the Client changed consulting firms from WCC to
American Engineering Laboratories, Inc. (AEL) which took over the groundwater monitoring
and sampling.
In an update letter from the DEH dated October 19, 1989, the DEH stated that the Regional
Water Quality Control Board (RWQCB) requested water samples and analysis for benzene,
toluene, ethylbenzene, and xylenes (BTEX) using EPA Method 8020/ or 602 be performed
quarterly. Numerous groundwater monitoring and sampling events were reported to have
been conducted between 1989 and 2000.
In the most recent groundwater monitoring report', the results of a sampling event conducted
on September 6, 2000 by Geocon were reported. Groundwater samples were reported to have
been analyzed for total petroleum hydrocarbons as gasoline (TPHg) and diesel (TPHd), and
for BTEX, methyl tertiary butyl ether (MTBE), di -isopropyl ether (DIPE), tertiary amyl
methyl ether (TAME), ethyl tertiary butyl ether (ETBE), and tertiary butyl alcohol (TBA).
The detectable concentration of TPHg in monitoring well MW-1 was reported to have been
1,900 micrograms per liter (pg/L). It was reported that MW-1 had detectable concentrations
of benzene (2,540 pg/L) and of ethylbenzene (110 pg/L). It was reported that concentrations
of MTBE were detected in MW-1 (200 pg/L) and in MW-2 (31 pg/L). It was reported that
MW-1 had detectable concentrations of DIET (40 pg/L), TAME (40 pg/L), ETBE (40 pg/L),
and TBA (100 pg/L). With the exception of MW-1, there were reported to have been no
detectable concentrations of TPHg, BTEX, DIPE, TAME, ETBE, and TBA in the
groundwater samples. It was reported that MW-3 had no detectable concentrations of
MTBE.
Based on the results of this groundwater sampling event, Geocon recommended that the Site
be granted regulatory closure with "no further action required". In a letter dated May 1, 2001
Report prepared by Geocon Environmental Consultants, Inc. September 14, 2000
City of National City Proposal
Proposal Number: 11085202.00 Page 4 of 15
March 19, 2004 Environmental Business Solutions
the DEH did not concur with the conclusions of Geocon, and stated that "there is lack of
delineation of the extent of groundwater contamination in the downgradient direction. Also,
a strong case for a decreasing concentration trend for TPH and benzene cannot be made, as
increases were observed in the last sampling round." The DEH requested "that a minimum
of one additional groundwater monitoring well be installed and sampled northwest of the
former tanks (between the former tanks and the creek). If the groundwater data from the new
well indicates that there is sufficient protection of the nearby creek, site closure will be
considered." In the referenced letter, the DEH required "an additional two rounds of ground
water sampling."
Site Description Summary
Site Name: National City Public Works Yard
Site Owner: City of National City
Site Address: 2100 Hoover Avenue, National City, California
DEH Case No: H05081-001
A.P.N.s: 560-391-08 and 560-396-06
OBJECTIVES
The objectives of this proposed scope of services are to:
Prepare a workplan to install one groundwater monitoring well and to conduct two
additional rounds of groundwater monitoring and sampling.
Assess the presence and concentration of petroleum hydrocarbons in shallow
groundwater at the Site.
SCOPE OF SERVICES
The scope of services that has been developed to meet the objectives includes the following
tasks.
Task l Project Management/Meetings With Client
At the request of the Client, we have included this task for meetings with the Client. We will
have a total of three meetings with the Client during this project: a pre -con meeting prior to
City of National City Proposal
Proposal Number: 11085202.00 Page 5 of 15
March 19, 2004 Environmental Business Solutions
commencement of the project, a intermediate meeting subsequent to fieldwork, and a
closeout meeting after the report has been prepared.
The estimated cost to perform the scope of services in Task I is $1,500.
Task II Preparation of Workplan
Pursuant to DEH requirements, a workplan is required for site assessment activities.
Therefore, a workplan will be prepared and submitted for approval to the DEH. This
workplan will summarize the specific tasks designed to achieve the objectives and will
describe the procedures to be used in the field, including the type of laboratory analyses to
be performed on the collected groundwater samples, and groundwater collection methods.
This workplan will also contain figures presenting the current groundwater monitoring well
locations and previous groundwater sampling data, and the proposed monitoring well
location. This workplan will be submitted for approval by the DEH prior to commencement
of field work. This task includes one hour for liaison with the DEH regarding workplan
approval.
The estimated cost to perform the scope of services in Task II is $1,463.
Task Ill Preparation for Field Work
Preparation of Health and Safety Plan
A health and safety plan for work conducted at the Site and workers within the "exclusion
zone" is required pursuant to the regulations found in 29 Code of Federal Regulations (CFR)
Part 1910.120 and California Code of Regulations (CCR), Title 8, Section 5192. Therefore,
a health and safety plan will be prepared for the proposed work scope, and will outline the
potential chemical and physical hazards that may be encountered during drilling and
sampling activities. The appropriate personal` protective equipment and emergency response
procedures for the anticipated site -specific chemical and physical hazards will be detailed in
this plan. EBS and contracted personnel involved with the proposed field work will be
required to sign this document in order to encourage proper health and safety practices.
Utility Search and Markout
EBS will notify Underground Service Alert (USA), as required by state law, and retain a
private utility locating service prior to commencement of field operations. This procedure
is designed to minimize the likelihood of drilling into a subsurface utility.
City of National City Proposal
Proposal Number: 11085202.00 Page 6 of 15
March 19, 2004 Environmental Business Solutions
Preparation of Monitoring Well Permit Applications
A monitoring well permit will be required for the well installation. EBS will prepare and
submit the necessary monitoring well permit application and the appropriate fees to San
Diego County. The monitoring well permit application will reflect appropriate well
construction and will be signed be a licensed professional.
Subcontractor Management
The appropriate subcontractor services will be obtained such as concrete or asphalt cutting,
drilling, sample analysis, and other required contractor services. This task also includes time
to coordinate and manage subcontractors, such as the drilling contractor and analytical
laboratory, to secure the necessary specialized equipment, to prepare for field mobilization,
and to perform project management tasks.
The estimated cost to conduct the scope of services in Task III, including appropriate
permit fees, is $1,834.
Task IV Drilling, Sampling and Installation of,i, Monitoring Well in the Vicinity
of Paradise Creek
Drilling and Sampling
A truck -mounted drilling rig, such as a CME-75 or equivalent, equipped with hollow stem
augers will be used to drill 1 soil boring (soil boring MW-4) to a depth of up to
approximately 15 feet below grade in the vicinity of the former USTs and Paradise Creek.
The location of soil boring MW-4 was selected based upon the DEH letter which required
an additional well to assess the potential risks for the known and reported release at the Site
to have impacted the nearby creek.
During the drilling activities, soil samples will be continuously collected. Soil samples will
be selected for analysis at the interpreted capillary fringe, at significant lithological changes,
and at other appropriate depths based on the professional judgment of the on -site geologist.
Based on previous reports reviewed by EBS, groundwater is expected to be encountered at
an approximate depth of five to seven feet below grade at the Site.
We anticipate that up to 4 soil samples will be collected from the soil boring and submitted
for analysis. Soil samples will be described in general accordance with the Unified Soil
Classification System. Rock samples will be described using an appropriate system. Soil
City of National City Proposal
Proposal Number: 11085202.00 Page 7 of 15
March 19, 2004 Environmental Business Solutions
sampling and description will be conducted in general accordance the soil sampling guidance
presented in the current Site Assessment and Mitigation (SAM) manual issued by the DEH.
As required by San Diego County guidelines, a steam cleaner will either be on -site to steam
clean the augers prior to drilling, or pre -cleaned augers will be used to minimize the
likelihood of cross -contaminating the boring and to minimize the potential for a false -
positive in the soil samples analyzed. The soil samples from each boring will be collected,
when possible, with a split -spoon or similar type sampler. The split -spoon sampler will be
cleaned between sampling events with a cleaning process consisting of a water-AlconoxTM
solution wash, two tap water rinses, and a final spray rinse with deionized water.
Soil samples will be driven into brass or stainless steel tubes. The ends of the sample tubes
will be covered with Teflon'' sheeting, and tightly closed with end caps for handling and
transportation activities. The sample containers will be labeled and packed in ice -filled
coolers for delivery to the laboratory for analysis. Chain -of -custody procedures will be
implemented for sample tracking. A written analytical report will be provided by the
laboratory upon completion of the sample testing. Soil cuttings will be placed in Department
of Transportation (DOT) -rated 55-gallon drums.
Groundwater Monitoring Well Installation and Sampling
After soil boring MW-4 is drilled and soil samples collected, a groundwater monitoring well
will be installed. The well will be constructed of 2-inch-diameter polyvinyl chloride (PVC)
casing and screen. We anticipate installing 0.010-inch screened casing from approximately
4 feet below grade to the total depth of 14 feet below grade. Blank casing will be used to
complete the casing interval. An appropriately graded sand filter pack will be installed
around the well screen in such a manner so as to extend approximately 6 inches above the
screened interval.
A minimum of 1 foot of bentonite seal will be placed and hydrated above the sand filter
pack. The annular space above the seal will be filled with a concrete seal 2.5 feet in
thickness. The well will be completed with a traffic -rated road box set in a 3-foot-diameter
concrete apron in general accordance with current Site Assessment and Mitigation (SAM)
Manual guidelines.
After the installation of the sand pack, but before the bentonite seal is placed, the well will
be developed in general accordance with SAM guidelines. The well will be developed with
a surge block or similar device. The process of surging and purging will be repeated several
times as necessary after well completion until the well development process is judged
complete. Please note that we estimate that the drilling program will take one day to
complete.
City of National City Proposal
Proposal Number 11085202.00 Page 8 of 15
March 18, 2004 Environmental Business Solutions
In accordance with AB 2886, the location of the new and existing wells will be surveyed to
sub -meter accuracy.
Soil Sample Analysis
We estimate that as many as four soil samples will be sent to a fixed -base state -accredited
laboratory for analysis of TPHg and TPHd in general accordance with modified EPA Method
8015. The sample with the highest reported TPHg concentration from the soil boring will
also be analyzed for BTEX, MTBE, DIPE, TAME, ETBE, and TBA in general accordance
with EPA Method 8260B.
The estimated cost to perform the scope of services in Task IV, including drilling and
sampling, backfill materials, drums to store soil cuttings, surface restoration, EBS
labor, materials, and appropriate laboratory and subcontractor fees, is $3,339.00.
Task V Groundwater Monitoring and Sampling
In accordance with DEH guidelines, the first groundwater monitoring and sampling shall be
performed at least 72 hours after well development. The new well and 3 existing wells will
be monitored for depth to groundwater and the possible presence of phase -separated
hydrocarbons (PSH). Purging and groundwater sampling will be performed in general
accordance with DEH guidelines. Purge water generated during well development and
sampling will be placed in appropriate 55-gallon drums, which will be labeled and stored on
the Site pending disposal.
Groundwater samples from the wells will be collected with disposable bailers and decanted
into appropriate laboratory -supplied containers, which will be labeled and stored in an ice -
filled cooler pending delivery to the laboratory for analysis. Analyses will be performed by
a state -accredited laboratory. The groundwater samples will be analyzed for TPHg and TPHd
in general accordance with EPA Method 8015 modified, and for BTEX , MTBE, DIPE,
TAME, ETBE, and TBA in general accordance with EPA Method 8260B.
Please note that two rounds of groundwater monitoring and sampling will be
conducted pursuant to the DEH letter. The estimated cost to perform one round of
groundwater monitoring described in the scope of services in Task V is $3,047.
The estimated Total cost to perform the scope of service in Task V is $6,094.
City of National City Proposal
Proposal Number: 11085202.00 Page 9 of 15
March 19, 2004 Environmental Business Solutions
Task VI Disposal of Soil Cuttings, Rinsate, and Purged Groundwater
Soil cuttings generated by the drilling activities will be placed in appropriate 55-gallon drums
and left on -site, pending disposal. Purge water generated during well development and
sampling and rinsate will be placed in appropriate 55-gallon drums, which will be labeled
and stored at the Site, pending disposal. The disposal of the soil cuttings, rinsate, and
groundwater may be dependent upon the concentrations of petroleum hydrocarbons
encountered. However, it is anticipated that the soil cuttings will be disposed of at an off -site
treatment facility such as EFR Environmental Services, Inc. in Quartzsite, Arizona. For the
purposes of estimating the budget, we have assumed disposal of 3 drums of soil and 6 drums
of purge and rinsate water. We also have assumed that the drums can be handled as non-
hazardous waste.
If the Client is unable to provide an authorized representative to sign the manifests at the
time of scheduled waste pickup, EBS will provide a representative who is qualified under
49 CFR Subpart H (Parts 172.700-704), to act as the signatory for the generator (Client).
The budget includes time for our representative to travel to and from the Site and for the
disposal of 9 drums of non -hazardous soil and/or water. Your signature on this proposal
indicates your agreement for EBS to act as your authorized agent, if necessary. Additional
drums of non -hazardous waste will be charged at $120 each.
The estimated cost to perform the scope of services in Task VI is $1,193.
Task Vll Report Preparation
Based on the findings of the field investigation and laboratory results from the above scope
of services, a letter report (Report) will be prepared in general accordance with DEH
guidelines. The Report will cover the various areas investigated at the Site and will include
laboratory reports, chain -of -custody records, soil boring lithologic log, figures and cross
sections indicating monitoring well locations and sample analytical results, tabulated
analytical results, groundwater sampling results, and appropriate support documentation. The
Report will be peer reviewed and signed by the appropriately licensed professionals. The
work conducted at the Site will be overseen by a Registered Geologist. The report will be
written in general accordance with the guidelines presented in the current SAM Manual and
the site assessment report checklist. This Task also includes the preparation and submittal
of a 60-day drilling report as required by the DEH. Appropriate steps will be taken to adhere
to the new emergency state regulations (pursuant to AB2886) by submitting the laboratory
data to the State Water Resources Control Board in electronic delivery format at the same
time that the written report is submitted to the DEH.
The estimated cost to perform the scope of services in Task VII is S3,449.
City of National City Proposal
Proposal Number: 11085202.00 Page 10 of 15
March 19, 2004 Environmental Business Solutions
ESTIMATED BUDGET AND SCHEDULE
The EBS team stands ready to begin this project immediately upon receipt of the signed
contract. Please note, EBS has no way of knowing how quickly the DEH will review and
approve the workplan; therefore, the schedule for fieldwork starts from week 1 after the
workplan has been approved. Tables showing the project timeline and a cost breakdown are
presented below.
Project Timeline
Estimated Start Date.
April 1, 2004
Week 1
First meeting of Task I held, commence
preparation of workplan
Week 2
Finalize and submit workplan
DEH approves workplan
Schedule out of our control
Week 1
Task II is completed
Week 2
DEH approves monitoring well permit
Week 3
Fieldwork is conducted,
Week 5
Laboratory results are available, intermediate
meeting of Task I is held
Week 6-10
Report is prepared, reviewed, and submitted
to DEH. Closeout meeting held.
Estimated End Date
Approximately 70 days after workplan is
approved. Estimated date July 12, 2004 to
August 12, 2004
City of National City
Proposal Number: 11085202.00
March 19, 2004
Proposal
Page 11 of 15
Environmental Business Solutions
Estimated Costs
Task
Description of Activity
Unit Cost
Total Cost
I
EBS labor
NA
$1,500.00
Subtotal
NA
$1,500.00
II
EBS labor
NA
$1,397.00
Workplan copying costs
NA
$66.00
Subtotal
NA
$1,463.00
III
EBS labor
NA
$1,198.00
Utility locating, per hour, estimate 2 hours
$201.50
$403.00
Monitoring well peimit
$172.50
$172.50
Equipment, miscellaneous
NA
$60.5
Subtotal
NA
$1,834.00
IV
EBS labor
NA
$1,322.00
Driller, per foot, estimate 15 feet
$69.00
$1,035.00
Soil samples for TPH (modified EPA Method 8015), per sample *
4 samples
$86.25
$345.00
Soil sample for VOCs/BTEX/oxygenates (EPA Method 8260B),
per sample * 1 sample
$195.50
$195.50
EDF Markup
NA
$82.00
Soil disposal fee, per sample * 4 samples
$2.30
$9.20
Equipment, miscellaneous
NA
$350.30
Subtotal
NA
$3,339.00
V
EBS labor
NA
$1,564.00
Groundwater samples for TPH (modified EPA Method 8015), per
sample * 4 samples
$86.25
$345.00
Groundwater samples for BTEX/oxygenates (EPA Method
8260B), per sample * 4 samples
$126.50
$506.00
EDF Markup
NA
$127.65
Drums, per drum, estimate 4
$34.50
$138.00
Equipment, miscellaneous
NA
$366.35
Subtotal for one event
NA
$3,047.00
Subtotal for two events
NA
$6,094.00
City of National City
Proposal Number: 11085202.00
March 18, 2004
Proposal
Page 12 of 15
Environmental Business Solutions
VI
EBS labor
NA
$299.00
Disposal of soil cuttings, development water, decon, water, and
purge water, per drum * 8 drums
$109.25
$874.00
Equipment, miscellaneous
NA
$20.00
Subtotal
NA
$1,193.00
VII
EBS labor
NA
$3,344.00
Report copying costs
NA
$105.00
Subtotal
NA
$3,449.00
TOTAL
$18,872.00
THE TOTAL TIME AND MATERIALS COST FOR THE SITE ASSESSMENT
ACTIVITIES DESCRIBED HEREIN IS ESTIMATED TO BE $18,872.*
* Please allow for a minimum 10 percent variance in the total estimated cost due to changed
site conditions or unanticipated circumstances:
Compensation described herein=hall be subject to renegotiation if authorization to proceed
has not been given within 30 days of the date: of the Agreement of Services. We propose to
perform our services, and invoice, in accordance with the enclosed Consulting Agreement
and the attached Schedule of Rates and Conditions of Service.
City of National City
Proposal Number: 11085202.00
March 19, 2004
Proposal
Page 13 of 15
Environmental Business Solutions
Contact Information
The Project Director for your project is Daniel Johnson and the Project Manager is Nicki
Field. The contact information is included in the following table.
Project Director
Daniel E. Johnson
EBS
8799 Balboa Avenue, Suite 290,
San Diego, CA 92123
858-57-5511 ext. 234
danj@ebsenvironmental.com
Project Manager
Nicki M. Field
EBS
8799 Balboa Avenue, Suite 290,
San Diego, CA 92123
858-57-5511 ext.
nickif@ebsenvironmental.com
If we can be of further assistance, or if you have any questions regarding the above scope of services,
please contact one of the undersigned at (858) 571-5500.
Respectfully,
ENVIRONMENTAL BUSINESS SOLUTIONS
An SCS Engineers Company
i,u2:161
Nicki M. Field
Project Professional
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City of National City Proposal
Proposal Number: 11085202.00 Page 14 of 15
March 19, 2004 Environmental Business Solutions
CONDITIONS OF SERVICE
This Agreement for Services is based on, but not limited to, the following conditions:
General Conditions
•
•
Unscheduled delays due to rain, underground obstructions, additional regulatory
compliance, additional work requests, and the like may result in additional costs.
Restrictions on the hours when work can be performed do not impact the proposed
work progress.
Utility lines, piping, conduit, and underground obstructions are not located in the
positions selected for the proposed boreholes.
No hazardous concentrations of chemicals will be encountered during the field
program which will require immediate remedial activities.
The California Code of Regulations, Title 23, will serve as basis for procedures and
guidelines, when appropriate, during the course of this investigation. In addition,
Title 22 CCR will serve as the reference for determining what is a hazardous
waste(s).
We would be pleased to perform services in addition to those described in this
proposal. However, additional services that are requested that are not specifically
outlined in this proposal will be billed to the Client as an additional cost per our Fee
Schedule contained herein. We also respectfully request written notification of any
additional tasks that you desire us to perform.
Client Service Support
•
The Client will provide available reports (such as geotechnical and grading), maps,
as -built drawings, and all other documentation regarding historical land usage and
Site history, including, but not limited to, construction plans, subsurface
investigations, geophysical studies, and copies of previous environmental studies. If
"as builts" are not available or are inaccurate, EBS is not responsible for damages of
any kind from this investigation to features including, but not limited to, subsurface
structures, utilities, appurtenances, and improvements, including consequential
damages.
City of National City Proposal
Proposal Number: 11085202.00 Page 15 of 15
March 19, 2004 Environmental Business Solutions
• The Client will provide ready access to the Site for field investigation purposes and
access to water and power, if required.
•
•
The Client will provide available reports, maps, as -built drawings, and all other
documentation regarding historical land usage and Site history, including, but not
limited to, construction plans, subsurface investigations, geophysical studies, and
copies of previous environmental studies.
The Client should recognize that the findings and conclusions of the 1 imited technical
report and related correspondence are based on the subsurface investigation
conducted during this phased scope of services. The rendered interpretation of the
Site's condition is limited to the scope of this investigation. The presence of
hazardous materials on the Site in areas neither investigated nor observed is not
necessarily precluded.
The Client is responsible for the storage and disposal of any soil and waste generated
at the Site during the field activities.
Leaking Underground Storage Tank Trust Fund
EBS agrees to provide the Client with necessary detailed invoices and backup to
support claims made to the Cleanup Fund. For an additional fee, EBS will submit
requests for reimbursement to the cleanup fund, including but not limited to the
preparation of necessary spreadsheets and backup documentation.
FEE SCHEDULE
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8799 Balboa Avenue
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San Diego CA
92123
T 858 571 5500
F 858 571 5357
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STATE FUND
REIMBURSEMENT RATES
Fee Schedule
July 1, 2003 to June 30, 2004
fls
Principal $194.00
Project Director $184.00
Senior Technical Manager $152.00
Project Manager $133.00
Senior Project Professional $117.00
Project Professional $ 96.00
Staff Professional $ 85.00
Project Administrator $ 79.00
Associate Professional $ 79.00
Technician $ 70.00
Designer/Drafter $ 65.00
Technical Editor $ 69.00
Administrative Assistant $ 58.00
Word Processor $ 58.00
Additional Terms and Conditions
• Scheduled labor rates include overhead, administration, and profit.
• Rates for principals of the firm may be negotiated on a project -specific basis.
• Scheduled rates are effective through June 30, 2004. Work performed thereafter is subject to a new Fee
Schedule.
• Expert witness testimony (depositions and trial) will be charged at $250.00 per hour. Preparation for
testimony and general litigation support will be charged at normal hourly rates.
• Direct project expenses (such as field equipment, subcontracted services including drilling, laboratory
analyses, etc., permits, supplies, etc.) will be charged at cost plus 15 percent. Field vehicles will be charged
at $10.00 per hour when used. Mileage in excess of 100 miles per day will be charged at 0.40 cents per
mile. All other field equipment will be charged in accordance with the Fee Schedule in effect at the time the
work is performed.
• Per diem will be charged on all projects requiring ovemight stays from our office. The per diem rate is
$100.00 per day per person or the federal per diem rate for the area, whichever is greater.
• Overtime will be charged at 125 percent of standard rates for weekday work in excess of 8 hours. Work
performed on holidays and weekends will be charged at 150 percent of standard rates.
• Invoices will be prepared monthly or more frequently for work in progress, unless otherwise agreed.
Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject to a service charge
of 1.5 percent per month on the unpaid balance.
• Payment of EBS invoices for services performed will not be contingent upon the client's receipt of payment
form other parties, unless otherwise agreed in writing. Client agrees to pay legal costs, including attorney's
fees, incurred by SCS in collecting any amounts past due and owning on client's accounts..
The rationale and methodology for determining our Schedule of Rates is based on Manual 45c of the American
Society of Civil Engineers.
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FIELD EQUIPMENT RENTAL AND REIMBURSABLE FEE SCHEDULE
ENVIRONMENTAL BUSINESS SOLUTIONS
EQUIPMENT
Drager Kit
Drager Tubes
Flow Meter Assembly
Gastech Meter
Generator
Hand Auger
Power Hand Held Auger
Tube, Caps and Teflon Sheets
Tedlar Bags
Organic Vapor Meter
Moisture Meter
Bailers - Teflon or Stainless
Bailers - Disposable
Bailers - PVC
10 ml Visqueen 20' x 100'
Expendable Field Supplies
(caution tape, decontamination equipment, ice, sampling jars, etc.)
Hazardous Waste Field Kit
(for any field sampling; personal protective equipment
through Level C; protective clothing, respirators, gloves, etc.)
Hazardous Waste Field Kit (for Level A or B)
Vehicle
Miles (over 100 per day)
Still Camera
Film and Processing
Digital Camera (includes contact sheet & color printing)
Electronic Distance Meter
Sampler
Fluid/Petroleum Level Meter
Multiple Parameter Water Quality Meter
pH/Temp/Conductivity Meter
Bladder Pump
Pump Bladders, Tubing & Hardware
Water Sampling Pump (with controller) (Grundfos or peristaltic)
Water Sampling Pump (DC)
Copies
Color Copies/Prints (8 1/2 x 11)
Color Copies/Prints (11 x 17)
RATE ($)
25/Day
5/Tube
100/Day
75/Day
60/Day
60/Day
100/Day
5/Tube
20Bag
85/Day
75/Day
25/Day
15/Each
20/Day
100/Roll
35/Day
60/Day
Quoted/Job Specific
10/Hour
.40/Mile
10/Day
20/Roll
15/Day
25/Day
50/Day
75/Day
225/Day
60/Day
150/Day
Quoted/Job Specific
125/Day
50/Day
.10/Page
1.20/Page
2.40/Page
An SCS Engineers Company
8799 Balboa Avenue
Suite 290
San Diego CA
92123
7 858 571 5500
F 858 571 5357
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CONFIDENTIAL AND PRIVILEGED
NOT TO BE DISCLOSED TO NON -CLIENT PARTIES
Copyright 2004 Environmental Business Solutions
March 19, 2004
Proposal Number: 01692203.01
Exhibit 01
Mr. Albert Griego
City of National City
Engineering Department
1243 National City Boulevard
National City, CA 92121
RE: Proposal to Conduct One Groundwater Monitoring and Sampling
Assessment Activities Pursuant to the Requirements of the County of
San Diego Department of Environmental Health (DEH) at the Police
Station Headquarters Located at 1200 National City Boulevard, National
City, California (Site)
DEH Case #: H32234-001
Dear Mr. Griego:
Environmental Business Solutions (EBS) is pleased to submit this proposal to
perform one groundwater monitoring and sampling event at the above -referenced Site
pursuant to the requirements of the DEH.
ro�nrr:u�il' BACKGROUND
The Site is located at 1200 National City Boulevard in National City and
occupies one full city block bounded by 12' Street, National City Boulevard,
Civic Center Drive, and Roosevelt Avenue on the north, east, south, and
west. The Site is currently used as a police station. On February 26, 1992 a
500-gallon Underground Storage Tank (UST) was removed, under DEH
oversight, from the southeastern portion of the Site. In the DEH UST
removal report dated February 26, 1992 the inspector noted "when tank was
removed it was perforated and free product was spilled on to the ground."
wvvw.ebsenvironnentat.coni
Mr. Albert Griego
Proposal Number: 01692203.01
March 19, 2004
Groundwater Assessment
Page 2 of 10
Environmental Business Solutions
On March 3, 1992 the DEH issued a letter to National City Joint Powers Financial
Authority assigning them as responsible party for the unauthorized release at the Site.
National City Joint Powers Financial Authority retained Construction Testing &
Engineering, Inc. (CTE) on December 7, 1993 to perform assessment and remediation
activities at the Site. A report titled Additional Site Assessment and Quarterly Status
Report National City Police Department Site dated October 30, 1995 was prepared by
CTE summarizing the soil and groundwater assessment and remediation activities
completed at the Site. CTE advanced eight borings from March to September 1992. The
maximum Total Petroleum Hydrocarbons as gasoline (TPHg) concentration (9,800
mg/kg) reported from soil assessment activities performed in 1992 was collected at 24
feet below grade in boring MW-2A, which is approximately 15 to 16 feet below the
bottom of the former UST. Five of the eight borings were subsequently converted to
monitoring wells. In late 1992 the five monitoring wells were utilized as extraction wells
for a Vapor Extraction System (VES). The VES was reportedly operated intermittently
through early 1995. From July 7 through August 1, 1995 CTE facilitated the
advancement of four additional borings in which three were converted to monitoring
wells. Petroleum hydrocarbons and associated chemicals were reportedly detected in
groundwater samples collected from all the monitoring wells except MW-9. After a
recent visit to the Site only 6 monitoring wells were located and found to be readily
accessible.
In a letter dated June 8, 1998, the DEH requested that additional wells be installed to
delineate the dissolved petroleum hydrocarbon plume and that a workplan for the VES
or any results documenting its effectiveness be submitted for DEH review. The DEH
issued a past due notice dated October 20, 2003 requesting a written update on the Site
assessment investigation. This proposal is intended to outline the scope of work and
associated costs required to complete one round of groundwater monitoring and sampling
on all existing wells at the Site.
OBJECTIVES
Complete one groundwater monitoring event, which would provide data enabling
us to:
► Further assess groundwater elevation, flow direction, and gradient at the
Site; and
► Assess whether phase -separated hydrocarbons (PSH) are present in the
subsurface.
► Assess the concentrations of dissolved petroleum hydrocarbons and
associated volatile organic compounds (VOCs) in groundwater beneath
the Site.
Mr. Albert Griego
Proposal Number: 01692203.01
March 19, 2004
Groundwater Assessment
Page 3 of 10
Environmental Business Solutions
SCOPE OF SERVICES
The scope of services designed to achieve the objectives includes the following tasks.
Task 1 Project Management /Scheduling/Meetings With Client
At the request of the Client, we have included time in this task for meetings with the
Client. We will have a total of three meetings with the Client during this project: a pre -
con meeting prior to commencement of the project, a intermediate meeting subsequent
to fieldwork, and a closeout meeting after the report has been prepared.Prior to
mobilizing for field work, EBS will schedule the necessary tasks to complete the
proposed scope of work.
The estimated cost to perform the scope of services in Task I was $1,828.
Task 11 Groundwater Monitoring and Sampling
All six wells will be monitored for depth to groundwater and the presence of phase -
separated hydrocarbons (PSH) using an interphase probe with the manufacturer's
reported accuracy of 0.01 of a foot.
In an effort to obtain groundwater samples more representative of aquifer conditions and
considerably reduce the amount of purge water produced from sampling events, low -flow
sampling (ASTM designation D6771-02) methodology will be performed in all on -and
off -site wells in general accordance with DEH guidelines. Water will be removed from
each well with the use of a bladder pump in conjunction with dedicated, non -reactive,
polyethylene tubing. The pump intake will be positioned at approximately the upper
third of the length of the wetted screen. Water will be purged from each well at flow rates
conducive to each wells' approximate sustainable yield. Water will be pumped through
a flow cell with an approximate operating volume of 350 ml, containing a calibrated
water quality meter capable of measuring pH, dissolved oxygen, conductivity, salinity,
total dissolved solids, temperature, turbidity, and oxidation reduction potential. The
water quality meter and associated low -flow cell will be decontaminated before sampling
each well.
After three stabilized' consecutive water quality measurements, a groundwater sample
will be collected from each well by bypassing the flow cell and pumping the sample
directly into appropriate, laboratory -supplied containers. The samples will be labeled
1 "Stabilized" refers to acceptable parameter specific variance ranges listed in the most recent SAM Manual.
Mr. Albert Griego
Proposal Number: 01692203.01
March 19, 2004
Groundwater Assessment
Page 4 of 10
Environmental Business Solutions
and placed in an ice -packed cooler for transport under chain of custody to the laboratory
for analysis. Purge water will be stored on -site in labeled drums for later disposal under
manifest.
Analyses will be performed by a state -accredited laboratory. The groundwater samples
will be analyzed for TPHg in general accordance with modified EPA Method 8015, and
for will also be analyzed for benzene, toluene, ethylbenzene, and xylenes (BTEX), and
oxygenates (oxygenates include methyl tertiary butyl ether [MTBE], di -isopropyl ether
[DIPE], tertiary amyl methyl ether [TAME], ethyl tertiary butyl ether [ETBE], and
tertiary butyl alcohol [TBA]) in general accordance with EPA Method 8260B.
The estimated cost to perform the scope of services in Task II is $4,456.
Task 111 Civil Survey of Existing Monitoring Wells
All existing monitoring wells at the Site will be surveyed. The locations of the wells and
tops of the well casings will be surveyed by a licensed surveyor.
The estimated cost to perform the scope of services in Task III is $1,776. Please
note that this amount may be subject to change due to the fact that a survey bid was
not obtained prior to completion of this proposal.
Task IV Disposal of Drummed Wastewater
EBS will submit the necessary documentation to an appropriate waste disposal contractor
for the disposal of the drummed wastewater. The drum will be transported off -site under
manifest to an appropriately licensed waste recycling or waste disposal facility.
The estimated cost to perform the scope of services in Task IV is $483.
Task V EDF Upload
Appropriate steps will be taken to adhere to the new emergency state regulations
(pursuant to AB2886) by submitting the laboratory data to the State Water Resources
Control Board in electronic data format at the same time that the written report is
submitted to the DEH.
The estimated cost to perform the scope of services in Task V is $445.
Mr. Albert Griego
Proposal Number: 01692203.01
March 19, 2004
Groundwater Assessment
Page 5 of 10
Environmental Business Solutions
Task VI Report Preparation
A report will be prepared on the groundwater sampling event, after the groundwater
analytical results have been received. The report will be prepared detailing the activities
and results of the groundwater monitoring and sampling event. The report will include
the following:
Descriptions of the field and sampling procedures used and field observations
• Laboratory analytical reports and chain -of -custody forms
• Scaled Site plans depicting well locations, the interpreted groundwater
piezometric surface, and a summary of the analytical results
Tabulated analytical results
Appropriate support documentation
• Conclusions and recommendations.
The Report will include a detailed description' of the work performed, discussion of the
results, and our conclusions and recommejndations as deemed appropriate. The Report
will be peer reviewed and signed by a California Registered Geologist. During
completion of the requested assessment activities EBS will liaise with regulatory
agencies in the form of telephone and written communication and meetings, if warranted.
The estimated cost to perform the scope of services in Task VI is $1,785.
ESTIMATED BUDGET AND SCHEDULE
The EBS team stands ready to begin this project immediately upon receipt of this signed
contract. Tables showing the project timeline and a cost breakdown are presented below.
Project Timeline
Estimated Start Date
April 1, 2004
Week 1
-First meeting of Task I held, prepare for
fieldwork
Weeks 2-5
Completion of Tasks II, II, and IV
Week 7
Laboratory results are available,
intermediate meeting of Task I is held L
Mr. Albert Griego
Proposal Number: 01692203.01
March 19, 2004
Groundwater Assessment
Page 6 of 10
Environmental Business Solutions
Week 10-12
Report is prepared, reviewed, and submitted
to DEH. Closeout meeting held.
Estimated End Date
Estimated date June 24, 2004
Estimated Costs
Task'?
I
Description of!AOWifyIIRII,
EBS labor
Unit Cost
NA
Total
Cost
$1,813.00
Equipment, miscellaneous
NA
$15.00
II
Subtotal
NA
$1,828.00
EBS labor
NA
$1,658.00
Groundwater samples for TPH (modified EPA Method 8015),
per sample * 6 samples
Groundwater samples for BTEXloxygenates (EPA Method
8260B), per sample * 6 samples
$86.25
1126.50
$517.50
$759.00
EDF Markup
NA
$191.50
Sample disposal fee, per sample * 6 samples
$2.30
$13.80
Equipment, miscellaneous
NA
$1,315.00
Subtotal
NA
$4,455.00
III
EBS labor
NA
$166.00
Civil survey of monitoring wells
NA
$1,610.00
Subtotal
NA
$1,776.00
IV
EBS labor
NA
$195.00
Disposal of decon water and purge water
NA
$288.00
Subtotal
NA
$483.00
V
EBS labor
NA
$445.00
Subtotal
NA
$445.00
V
EBS labor
NA
$1,767.00
Report copying costs
NA
$18.00
Subtotal
NA
$1,785.00
TOTAL
$10,772.00
Mr. Albert Griego
Proposal Number: 01692203.01
March 19, 2004
Groundwater Assessment
Page 7 of 10
Environmental Business Solutions
THE TOTAL TIME AND MATERIALS COST FOR THE SITE ASSESSMENT
ACTIVITIES DESCRIBED HEREIN IS ESTIMATED TO BE $10,772*.
* Please allow for a minimum 10 percent variance in the total estimated cost due to
changed site conditions or unanticipated circumstances.
Compensation described herein shall be subject to renegotiation if authorization to
proceed has not been given within 30 days of the date of the Agreement of Services. We
propose to perform our services, and invoice, in accordance with our Contract and the
attached Schedule of Rates and Conditions of Service.
Contact Information
The Project Director for your project is Daniel Johnson and the Project Manager is Nicki
Field. The contact information is included in the following table.
Project Director
Daniel E. Johnson
EBS
8799 Balboa Avenue, Suite 290,
San Diego, CA 92123
858-57-5511 ext. 234
danj@ebsenvironmental.com
Project Manager
Nicki M. Field
EBS
8799 Balboa Avenue, Suite 290,
San Diego, CA 92123
858-57-5511 ext.
nickif@ebsenvironmental.com
Mr. Albert Griego
Proposal Number: 01692203.01
March 19, 2004
Groundwater Assessment
Page 8 of 10
Environmental Business Solutions
If we can be of further assistance, or if you have any questions regarding the above scope of
services, please contact one of the undersigned at (858) 571-5500.
Respectfully,
ENVIRONMENTAL BUSINESS SOLUTIONS
An SCS Engineers Company
Keith L. Etchells
Staff Professional/Geologist
Enclosures
KLE
F:\Proposals\203\651 to 700\692 (City of National City)\01692203.01.ppr.3.18.04.wpd
Mr. Albert Griego
Proposal Number: 01692203.01
March 19, 2004
Groundwater Assessment
Page 9 of 10
Environmental Business Solutions
CONDITIONS OF SERVICE
This Agreement for Services is based on, but not limited to, the following conditions:
General Conditions
•
Unscheduled delays due to rain, underground obstructions, additional regulatory
compliance, additional work requests, time spent obtaining access to various
work locations (i.e., getting cars moved) and the like may result in additional
costs.
• Restrictions on the hours when work can be performed do not impact the
proposed work progress.
Utility lines, piping, conduit, and underground obstructions are not located in the
positions selected for the proposed boreholes.
No hazardous concentrations of chemicals will be encountered during the field
program which will require immediate remedial activities.
• The California Code of Regulations (CCR), Title 23, will serve as the basis for
procedures and guidelines, when appropriate, during the course of this
investigation. In addition, Title 22 CCR will serve as the reference for
determining what is a hazardous waste(s).
• We would be pleased to perform services in addition to those described in this
proposal. However, additional services that are requested and are not specifically
outlined in this proposal will be billed to the Client as an additional cost per our
Fee Schedule contained herein. We also respectfully request written notification
of any additional tasks that you desire us to perform.
Client Service Support
The Client will provide available reports (such as geotechnical and grading),
maps, as -built drawings, and all other documentation regarding historical land
usage and Site history, including, but not limited to, construction plans,
subsurface investigations, geophysical studies, and copies of previous
environmental studies. If "as builts" are not available or are inaccurate, EBS is
not responsible for damages of any kind from this investigation to features
including, but not limited to, subsurface structures, utilities, appurtenances, and
improvements, including consequential damages.
Mr. Albert Griego
Proposal Number 01692203.01
March 19, 2004
Groundwater Assessment
Page 10 of 10
Environmental Business Solutions
• The Client will provide ready access to the Site for field investigation purposes
and access to water and power, if required.
•
•
The Client should recognize that the findings and conclusions of the limited
technical report and related correspondence are based on the subsurface
investigation conducted during this phased scope of services. The rendered
interpretation of the Site's condition is limited to the scope of this investigation.
The presence of hazardous materials •on the Site in areas neither investigated nor
observed is not necessarily precluded.
The Client is responsible for the storage and disposal of any soil and waste
generated at the Site during the field activities.
Leaking Underground Storage Tank Trust Fund
EBS agrees to provide the Client with necessary detailed invoices and backup to
support claims made to the Cleanup Fund. In addition, EBS will submit requests
for reimbursement to the cleanup fund, including but not limited to the
preparation of necessary spreadsheets and backup documentation.
r
An SCS Enuineers Company
8799 Balboa Avenue
Suite 290
San Diego CA
92123
T 858 571 5500
F 858 571 5357
providing
envkarpmenrtM
Sohrt6ons
o the eusinesS
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ousi n ution
STATE FUND
REIMBURSEMENT RATES
Fee Schedule
July 1, 2003 to June 30, 2004
Principal $194.00
Project Director $184.00
Senior Technical Manager $152.00
Project Manager $133.00
Senior Project Professional $117.00
Project Professional $ 96.00
Staff Professional $ 85.00
Project Administrator $ 79.00
Associate Professional $ 79.00
Technician $ 70.00
Designer/Drafter $ 65.00
Technical Editor $ 69.00
Administrative Assistant $ 58.00
Word Processor $ 58.00
•
Additional Terms and Conditions
• Scheduled labor rates include overhead, administration, and profit.
• Rates for principals of the firm may be negotiated on a project -specific basis.
• Scheduled rates are effective throueh June 30, 2004. Work performed thereafter is subject to a new Fee
Schedule.
• Expert witness testimony (depositions and trial) will be charged at $250.00 per hour. Preparation for
testimony and general litigation support will be charged at normal hourly rates.
• Direct project expenses (such as field equipment, subcontracted services including drilling, laboratory
analyses, etc., permits, supplies, etc.) will be charged at cost plus 15 percent. Field vehicles will be charged
at $10.00 per hour when used. Mileage in excess of 100 miles per day will be charged at 0.40 cents per
mile. All other field equipment will be charged in accordance with the Fee Schedule in effect at the time the
work is performed.
• Per diem will be charged on all projects requiring overnight stays from our office. The per diem rate is
$100.00 per day per person or the federal per diem rate for the area, whichever is greater.
• Overtime will be charged at 125 percent of standard rates for weekday work in excess of 8 hours. Work
performed on holidays and weekends will be charged at 150 percent of standard rates.
• Invoices will be prepared monthly or more frequently for work in progress, unless otherwise agreed.
Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject to a service charge
of 1.5 percent per month on the unpaid balance.
• Payment of EBS invoices for services performed will not be contingent upon the client's receipt of payment
form other parties, unless otherwise agreed in writing. Client agrees to pay legal costs, including attorney's
fees, incurred by SCS in collecting any amounts past due and owning on client's accounts..
The rationale and methodology for determining our Schedule of Rates is based on Manual 45c of the American
Society of Civil Engineers.
www. ebsenvironmental. com
FIELD EQUIPMENT RENTAL AND REIMBURSABLE FEE SCHEDULE
ENVIRONMENTAL BUSINESS SOLUTIONS
EQUIPMENT RATE ($)
Drager Kit 25/Day
Drager Tubes 5/Tube
Flow Meter Assembly 100/Day
Gastech Meter 75/Day
Generator 60/Day
Hand Auger 60/Day
Power Hand Held Auger 100/Day
Tube, Caps and Teflon Sheets 5/Tube
Tedlar Bags 20/Bag
Organic Vapor Meter 85/Day
Moisture Meter 75/Day
Bailers - Teflon or Stainless 25/Day
Bailers - Disposable 15/Each
Bailers - PVC 20/Day
10 ml Visqueen 20' x 100' 100/Roll
Expendable Field Supplies 35/Day
(caution tape, decontamination equipment, ice, sampling jars, etc.)
Hazardous Waste Field Kit 60/Day
(for any field sampling; personal protective equipment
through Level C; protectivecelothing, respirators, gloves, etc.)
Hazardous Waste Field Kit (for Level A or B) Quoted/Job Specific
Vehicle t 10/Hour
Miles (over 100 per day) .40/Mile
Still Camera 10/Day
Film and Processing 20/Roll
Digital Camera (includes contact sheet & color printing) 15/Day
Electronic Distance Meter 25/Day
Sampler 50/Day
Fluid/Petroleum Level Meter 75/Day
Multiple Parameter Water Quality Meter 225/Day
pH/Temp/Conductivity Meter 60/Day
Bladder Pump 150/Day
Pump Bladders, Tubing & Hardware Quoted/Job Specific
Water Sampling Pump (with controller) (Grundfos or peristaltic) 125/Day
Water Sampling Pump (DC) 50/Day
Copies .10/Page
Color Copies/Prints (81/2 x 11) 1.20/Page
Color Copies/Prints (11 x 17) 2.40/Page
An SOS Engineers Company
8799 Balboa Avenue
Suite 290
San Diego CA
92123
T 858 571 5500
F 858 571 5357
vidin
economic
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CONFIDENTIAL AND PRIVILEGED
NOT TO BE DISCLOSED TO NON -CLIENT PARTIES
Copyright 2004 Environmental Business Solutions
March 19, 2004
Proposal Number- 01693203.02
Exhibit 02
Mr. Albert Griego
City of National City
Engineering Department
1243 National City Boulevard
National City, CA 92121
RE: Proposal to Prepare a Cleanup Fund Application and Reimbursement
Request to the State Water Resources Control Board (SWRCB)
Underground Storage Tank Cleanup Fund (FUND) Regarding the
Unauthorized Release from the Underground Storage Tanks at the
Police Station Headquarters Located at 1200 National City Boulevard,
California (Site)
County of San Diego Department of Environmental Health (DEH) Case
Number: H32234-001
Dear Mr. Griego:
Environmental Business Solutions, (EBS) is pleased to present this proposal to
prepare and assist with documentation in the support of the submittal of a Cleanup
Fund (FUND) application for the above referenced Site. Assuming acceptance into
the FUND, a reimbursement request for submittal to the FUND will also be prepared.
BACKGROUND
The Site is located at 1200 National City Boulevard in National City and
occupies one full city block bounded by 12. h Street, National City Boulevard,
Civic Center Drive, and Roosevelt Avenue on the north, east, south, and
west. The Site is currently used as a police station. On February 26, 1992 a
500-gallon Underground Storage Tank (UST) was removed, under DEH
oversight, from the southeastern portion of the Site. In the DEH UST
removal report dated February 26, 1992 the inspector noted "when tank was
removed it was perforated and free product was spilled on to the ground."
'v va ebsenvi:onmental.com
Mr. Albert Griego
Proposal Number 01693203.02
March 19, 2004
Cleanup Fund
Page 2 of 7
Environmental Business Solutions
On March 3, 1992 the DEH issued a letter to National City Joint Powers Financial
Authority assigning them as responsible party for the unauthorized release at the Site.
National City Joint Powers Financial Authority retained Construction Testing &
Engineering, Inc. (CTE) on December 7, 1993 to perform assessment and remediation
activities at the Site. A report titled Additional Site Assessment and Quarterly Status
Report National City Police Department Site dated October 30, 1995 was prepared by
CTE summarizing the soil and groundwater assessment and remediation activities
completed at the Site. CTE advanced eight borings from March to September 1992. The
maximum Total Petroleum Hydrocarbons as gasoline (TPHg) concentration (9,800
mg/kg) reported from soil assessment activities performed in 1992 was collected at 24
feet below grade in boring MW-2A, which is approximately 15 to 16 feet below the
bottom of the former UST. Five of the eight borings were subsequently converted to
monitoring wells. In late 1992 the five monitoring wells were utilized as extraction wells
for a Vapor Extraction System (VES). The VES was reportedly operated intermittently
through early 1995. From July 7 through August 1, 1995 CTE facilitated the
advancement of four additional borings in which three were converted to monitoring
wells. Petroleum hydrocarbons and associated chemicals were reportedly detected in
groundwater samples collected from all the monitoring wells except MW-9. After a
recent visit to the Site only 6 monitoring wells were located and found to be readily
accessible.
In a letter dated June 8, 1998, the DEH requested that additional wells be installed to
delineate the dissolved petroleum hydrocarbon plume and that a workplan for the VES
or any results documenting its effectiveness be submitted for DEH review. The DEH
issued a past due notice dated October 20, 2003 requesting a written update on the Site
assessment investigation. This proposal is intended to outline the scope of work and
associated costs required to complete one round of groundwater monitoring and sampling
on all existing wells at the Site.
At your request and in accordance with the Fund, we have prepared this proposal to assist
in the acceptance of the Site into the FUND.
SCOPE OF SERVICES
EBS will provide assistance with the FUND application, including the preparation of
forms, documents, and liaison with FUND personnel. As necessary we will prepare and
collate supporting documents necessary for the completion of the application (e.g., UST
permits, financial responsibility forms, etc.).
We have assumed that you will have in your files the documents necessary to complete
the application and have not budgeted for research or agency file research. If necessary
this research will be charged on a time and material basis. In addition, we have assumed
Mr. Albert Griego
Proposal Number 01693203.02
March 19, 2004
Cleanup Fund
Page 3 of 7
Environmental Business Solutions
that you will fill out basic client information on the application and will provide us with
this information. If you would like, we can set up a meeting and fill this information out
for you.
Assuming acceptance into the FUND with a Letter of Commitment, EBS will prepare a
request for reimbursement of corrective action costs for submittal to the FUND. The
following tasks may be required to accomplish the proposed scope of work:
• Prepare bid requests and specifications, and submit and secure pre -approval of
investigative and corrective action costs;
Review documents (invoices, canceled checks, and other relevant documentation)
provided by the Client. This includes follow-up with subcontractors to attempt
to secure backup for invoices;
• Organize all invoices and canceled checks; and
Prepare a spreadsheet and appropriate supporting documentation summarizing
and supporting the project costs and submit a request for reimbursement to the
FUND.
Estimated Budget
Based on our experience with the Fund, we anticipate that the costs for the application
assistance will be approximately $1,600.00. This assumes an extensive application and
level of complexity. (Please note, follow-up or agency file requests will likely result in
additional charges). This includes costs for a kick-off meeting. The estimated costs for
each pre -approval request will be approximately $550.00 The estimated costs for the
preparation of each reimbursement request will be approximately $1,100.00 (See the
attached letter from the FUND). This estimate includes a client meeting prior to each
reimbursement request submittal. The estimated costs to perform the work as described
above include EBS labor costs and copying costs and will be billed on a time -and -
materials basis in accordance with the attached Schedule ofRates, Conditions of Service,
and Consulting Agreement between EBS and the Client.
ESTIMATED BUDGET AND SCHEDULE
The EBS team stands ready to begin this project immediately upon receipt of the signed
contract. Please note, EBS has no way of knowing how quickly the SWRCB will review
and approve the claim application; therefore, the end date is contingent on the issuance
of a letter of commitment (LOC) from the Cleanup Fund and Site Closure. Tables
showing the project timeline and a cost breakdown are presented below.
Mr. Albert Griego
Proposal Number 01693203.02
March 19, 2004
Cleanup Fund
Page 4 of 7
Environmental Business Solutions
Proiect Timeline
Estimated Start Date
April 1, 2004
Week 1-2
First meeting of Task I held, commence
preparation of claim application
Week 3-4
Finalize and submit claim application
Cleanup Fund approves claim application
Week 1
Second meeting to obtain accounting
records from the City of National City
Week 2
Compile Invoices and technical
Information
Week 3
Finalize reimbursement request and
submit to the Cleanup Fund
Estimated Reimbursement Date
Approximately 90 days after request is
submitted to the Cleanup Fund
Estimated End Date
Is contingent on issuance of a letter of
commitment (LOC) from the Cleanup
Fund and Site closure
Estimated Costs
Task
I
Description of Activity
EBS labor (Preparation of Claim Application)
Unit Cost
NA
'Total Cost',
$1,450.00
Claim application copying costs
NA
$150.00
Subtotal
NA
$1,600.00
II
EBS labor (Preparation of pre -approvals)
NA
$500.00
Pre -approval copying costs
NA
$50.00
Subtotal
NA
$550.00
III
EBS labor (Preparation of reimbursement request)
NA
$950.00
Reimbursement request copying costs
NA
$150.00
Subtotal
NA
$1,100.00
TOTAL
$3,250.00
Mr. Albert Griego
Proposal Number 01693203.02
March 19, 2004
Cleanup Fund
Page 5 of 7
Environmental Business Solutions
THE TOTAL TIME AND MATERIALS COST FOR THE SITE ASSESSMENT ACTIVITIES
DESCRIBED HEREIN IS ESTIMATED TO BE $3,250.00 *
* Please allow for a minimum 10 percent variance in the total estimated cost due to
changed site conditions or unanticipated circumstances.
Compensation described herein shall be subject to renegotiation if authorization to
proceed has not been given within 30 days of the date of the Agreement of Services. We
propose to perform our services, and invoice, in accordance with the Contract and the
attached Schedule ofRates and Conditions of Service.
*Assumes normal reimbursement request. Unusually large or first time
reimbursement request will be charged on a time and materials basis.
** Please allow for a 10 percent variance due to changed extensive Fund liaison, new
or modified Fund legislature, or unanticipated circumstances.
Contact Information
The Project Director for your project is Daniel Johnson and the Project Manager is Sarah
Gibbs. The contact information is included in the following table.
Project Director
Daniel E. Johnson
EBS
8799 Balboa Avenue, Suite 290,
San Diego, CA 92123
858-571-5500 ext. 234
danj@ebsenvironmental.com
Project Manager
Sarah R. Gibbs
EBS
8799 Balboa Avenue, Suite 290,
San Diego, CA 92123
858-571-5500 ext. 261
sarahg@ebsenvironmental.com
Mr. Albert Griego
Proposal Number 01693203.02
March 19, 2004
Cleanup Fund
Page 6 of 7
Environmental Business Solutions
If we can be of further assistance, or if you have
services, please contact one of the undersigned at
Respectfully,
ENVIRONMENTAL BUSINESS SOLUTIONS,
An SCS Engineers Company
Sarah R. Gibbs
Staff Professional/Regulatory Analyst
Attachments
any questions regarding the above scope of
(858) 571-5500..
\\Server\Files\Proposals\203\651 to 700\693 (City of National City)\01693203.02.Fundppr.wpd
Mr. Albert Griego
Proposal Number 01693203.02
March 19, 2004
Cleanup Fund
Page 7 of 7
Environmental Business Solutions
CONDITIONS OF SERVICE
This Agreement for Services is based on, but not limited to, the following conditions:
Client Service Support
The Client will provide available invoices and support documentation required
for the reimbursement request.
Basis for Estimated Budget and Schedule
• No unforeseen difficulties in obtaining information and support documentation
are encountered.
•
Pursuant to recent guidelines from the FUND, some or all of the costs presented
herein should be subject to eligibility and reimbursement from the Cleanup Fund.
EBS will submit these costs on behalf of the Client and request reimbursement.
Invoices are due and payable on net 30 terms. In as much as the timing, form,
and content of the FUND application and reimbursement requests are within the
control of the Client and the FUND, EBS does not agree to wait for Cleanup
Fund reimbursement to the Client to be paid.
..FEESCHEDULE
L. L7,17.7.7,
4:14W
1771 .L7,71 r,r3 iTZ7g ETE2
nvir
An SCS Engineers Company
8799 Balboa Avenue
Suite 290
San Diego CA
92123
T 858 571 5500
F 858 571 5357
orcvidina
ecoe,c
ea v rsanmentsi
sOutions
c the b,bs.ness
omr ui ity
ousHos
STATE FUND
REIMBURSEMENT RATES
Fee Schedule
July 1, 2003 to June 30, 2004
L
Principal $194.00
Project Director $184.00
Senior Technical Manager $152.00
Project Manager $133.00
Senior Project Professional $117.00
Project Professional $ 96.00
Staff Professional $ 85.00
Project Administrator $ 79.00
Associate Professional $ 79.00
Technician $ 70.00
Designer/Drafter $ 65.00
Technical Editor $ 69.00
Administrative Assistant $ 58.00
Word Processor $ 58.00
•
Additional Terms and Conditions
• Scheduled labor rates include overhead, administration, and profit.
• Rates for principals of the firm may be negotiated on a project -specific basis.
• Scheduled rates are effective throueh June 30, 2004. Work performed thereafter is subject to a new Fee
Schedule.
• Expert witness testimony (depositions and trial) will be charged at $250.00 per hour. Preparation for
testimony and general litigation support will be charged at normal hourly rates.
• Direct project expenses (such as field equipment, subcontracted services including drilling, laboratory
analyses, etc., permits, supplies, etc.) will be charged at cost plus 15 percent. Field vehicles will be charged
at $10.00 per hour when used. Mileage in excess of 100 miles per day will be charged at 0.40 cents per
mile. All other field equipment will be charged in accordance with the Fee Schedule in effect at the time the
work is performed.
• Per diem will be charged on all projects requiring overnight stays from our office. The per diem rate is
$100.00 per day per person or the federal per diem rate for the area, whichever is greater.
• Overtime will be charged at 125 percent of standard rates for weekday work in excess of 8 hours. Work
performed on holidays and weekends will be charged at 150 percent of standard rates.
• Invoices will be prepared monthly or more frequently for work in progress, unless otherwise agreed.
Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject to a service charge
of 1.5 percent per month on the unpaid balance.
• Payment of EBS invoices for services performed will not be contingent upon the client's receipt of payment
form other parties, unless otherwise agreed in writing. Client agrees to pay legal costs, including attorney's
fees, incurred by SCS in collecting any amounts past due and owning on client's accounts..
The rationale and methodology for determining our Schedule of Rates is based on Manual 45c of the American
Society of Civil Engineers.
www. ebsenvironmental.com
FIELD EQUIPMENT RENTAL AND REIMBURSABLE FEE SCHEDULE
ENVIRONMENTAL BUSINESS SOLUTIONS
EQUIPMENT RATE ($)
Drager Kit 25/Day
Drager Tubes 5/Tube
Flow Meter Assembly 100/Day
Gastech Meter 75/Day
Generator 60/Day
Hand Auger 60/Day
Power Hand Held Auger 100/Day
Tube, Caps and Teflon Sheets 5/Tube
Tedlar Bags 20/Bag
Organic Vapor Meter 85/Day
Moisture Meter 75/Day
Bailers - Teflon or Stainless 25/Day
Bailers - Disposable 15/Each
Bailers - PVC 20/Day
10 ml Visqueen 20' x 100' 100/Roll
Expendable Field Supplies 35/Day
(caution tape, decontamination equipment, ice, sampling jars, etc.)
Hazardous Waste Field Kit 60/Day
(for any field sampling; personal protective equipment
through Level C; protective clothing, respirators, gloves, etc.)
Hazardous Waste Field Kit (for Level A or B) Quoted/Job Specific
Vehicle 10/Hour
Miles (over 100 per day) .40/Mile
Still Camera 10/Day
Film and Processing 20/Roll
Digital Camera (includes contact sheet & color printing) 15/Day
Electronic Distance Meter 25/Day
Sampler 50/Day
Fluid/Petroleum Level Meter 75/Day
Multiple Parameter Water Quality Meter 225/Day
pH/Temp/Conductivity Meter 60/Day
Bladder Pump 150/Day
Pump Bladders, Tubing & Hardware Quoted/Job Specific
Water Sampling Pump (with controller) (Grundfos or peristaltic) 125/Day
Water Sampling Pump (DC) 50/Day
Copies .10/Page
Color Copies/Prints (8 i/s x 11) 1.20/Page
Color Copies/Prints (11 x 17) 2.40/Page
CLEANUP. FUND LETTER
c Water
reel
ntrol Board
/ on of
:an WatCr
rams
tieefeAS:
SOY 944212
a nemo. CA
2120
r stract.
130
CA
) 274360
(016) 227.41:10
cb.aa. eup
Recycled Pope"
March 17, 1998
T0: Interested Parties
REGULATORY TECHNICAL ASSISTANCE
Fat Wilson
Gourmet,
This memorandum further clarifies and supersedes my memorandums to interested parties
dared December 5, 1996, and June 21, 1997.
Senate Bill 562 took effect on January 1, 1997, and added section 25299.57 '
Health & Safety Code which stated that: "The board shall pay a claim for regulatory
technical assistance to the owner or operator of a property on which is located a release
from a petroleum underground storage tank which is the subject of a site investigation at a
corrective action and is otherwise eligible for reimbursement under this chapter."
The bill did not define "regulatory technical assistance" or provide an explanation of the
intent of this provision. We had understood from materials provided by legislative staff
that the bill's author had intended to request reimbursement of regulatory technical
assistance costs up to a maximum of S3,000. However, this figure was not included in the
bill as eventually passed. The memorandum to interested parties dated July 21, 1997 was
intended to clarify the matter. The memorandum quoted section 25299.57(j) as enacted,
that is, without reference to the S3,000 figure. However, it also referred to a legislative
committee report and used the figure of $3,000 as illustrative of the range of costs that
were intended to be reimbursed. Apparently, this conveyed the erroneous irnpression that
there was a S3,000 limit. Please be advised that there is no S3,000 limit for reimbursement
of regulatory technical assistance claims.
However, only reasonable and necessary costs for regulatory technical assistance incurred
on and after January 1, 1997, and which are clearly' documented as to task activity, time,
and cost can be reimbursed. Regulatory technical assistance should be obtained from
parties where there is no appearance of a conflict of interest. For example, there would be
an appearance of a conflict of interest for a consultant or contractor affiliated with a firm
doing work on a project to also be the claimant's representative authorized to approve the
work or to review and approve the bids.
The following material from my July 21, 1997, memorandum provides additional guidance
on the subject of regulatory technical assistance and remains applicable. It is included for
further clarification:
"Regulatory technical assistance means assistance from a person other than the claimant in
the preparation and submission of a, claiert to the Fund, and includes assistance with.
Our nosuan u to preeerve old tenant* lilt 9poi.n ofCal.forn,o'r sonnrr ,*:mans: and
ensure ,he,, proper altoca,on old effietertt pat far the benefit ofpreeen, coo/wire generat/0Ra
interested Parties
Page 2
completing and submitting the claim application and reimbursement requests, and
assistance in complying with procurement requirements. Assistance with completing and
submitting a claim application includes filling out the Cleanup Fund Application and
Obtaining supporting documentation. Assistance with submitting reimbursement requests
inc[udes filling out the Reimbursement Request Form, filling out the necessary
spreadsheets, and providing copies of invoices, proof of payment, technical documents,
etc. required by the.program. Assistance in complying with procurement requirements
include the request for proposals, the evaluation of bids, and the request for pre•approvais
from the Fund. These are activities that many qualified professionals can perform at a
reasonable cost.
Most claimants are quite capable of handling these activities themselves and are
encouraged to do so. Fund staff will advise and assist claimants with these activities, if
assistance is necessary, claimants are encouraged to use professionals that are experienced
with .program requirements.
Invoices for "regulatory technical assistance" must clearly document the task .activity, the
time and the cost Fund stafiwill carefully review all costs claimed to ensure the costs are
both reasonable and necessary. We contacted a number of individuals and firms that
currently assist claimants with submitting claim applications and reimbursement requests.
One, firm routinely performs complete claim applications at a costs of less than S40 per
hour Costs for regulatory technical assistance generally ranges from approximately S50
per hour to $85 per hour. A cost of approximately S65 per hour including overhead is
fairly typical. In most cases, a simple claim application should cost less than S500 to
prepare accurately and completely. A complete reimbursement request may take 1-4
hours to prepare."
Sincerely,.
Dave Deaner, Manager
UST Cleanup Fund
Uur mu.flon ,r ra procervt and enhance rpr gra6ry o(Califarwe,a's water roeources, and
emir. ,heir proper aflaeasson and +feuns as* for Ms benaje a%prraawr and flume jfnerouaw$.
IS*
rEll 71 =i EZD ETD
EMI
e 23
State Water Resources Control Board § 2804
Chapter 18. Petroleum Underground
Storage Tank Cleanup Fund Regulations
Article 1. General Provisions
803. Applicability.
tE(a) The regulations in this chanter implement the Barry Keene Under-
gound Storage Tank Trust Fund Act of 1989 (Health and Safety Code,
division 20, chapter 6.75, section 25299.10 et seq.). Except as otherwise
cifically provided, this chapter applies to owners and operators of pe-
Ieum underground storage tanks as defined in article 2 of this chapter.
(b) This chapter applies in part to owners of residential tanks as this
term is defined in article 2 of this chapter.
(c) This chapter establishes financial responsibility requirements for
ain owners and operators of underground storage tanks (article 3).
(d) This chapter provides for reimbursement from the Underground
Storage Tank Cleanup Fund (Fund) of eligible corrective action, regula-
technical assistance, and third party compensation claim costs in-
rred by eligible owners and operators of underground storage tanks
and residential tanks (article 4).
(e) This chapter establishes procedures for requesting review of a staff
cision by the Fund Manager, appealing a staff decision or a Fund Man-
er Decision to the Chief of the Division of Clean Water Programs, and
for petitioning the State Water Resources Control Board for review of a
decision of the Division Chief (article 5).
(f) This chapter establishes procedures for owners and operators of un-
rground stoinage tanks and other responsible parties to petition for re-
view of a regulatory agency decision not to close an underground storage
tank or residential tank site (article 6).
Authority cited: Section 25299.77, Health and Safety Code. Reference:
ctions 25299.10, 25299.11, 25299.31, 25299.39.2, 25299.51, 25299.56,
99.57 and 25299.58, Health and Safety Code.
HISTORY
New chapter 18 (sections 2803-2814.3) filed 12-2-91 as an emergency; opera-
ve 12- 91. Text remains in effect uninterrupted pursuant to Health and Safe -
Code pection 25299.77 (Register 92, No. 9). For prior history of chapter 18,
see Register 81, No. 28.
"_ Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
endment of subsections (a) and (d) filed 12-27-94 as an emergency; opera-
ve 12-27-94 (Register 94, No, 52), Notwithstanding Chapter 3.5 (commenc-
ing with section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, this section shall not be repealed by OAL and shall remain in effect until
revised by the State Water Resources Control Board, pursuant to Health and
Safety Code section 25299.77, subdivision Co).
Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43),
Article 2. Definition of Terms
§ 2804. Definitions.
Unless the context clearly requires otherwise, the terms used in this
apter shall have the following meanings:
"Accident" means an unintentional and unexpected event.
"Annual aggregate amount" means the total amount of financial re-
nsibility that is required to cover all unauthorized releases that might
cur in one year.
"Annual revenue" with respect to public entities, means the total annu-
al general purpose revenues, excluding all restricted revenues over which
governing agency has no discretion, as reported in the annual Report
financial Transactions submitted to the Controller, for the latest fiscal
ending prior to the date the Fund reimbursement claim application
vas filed. With respect to nonprofit organizations, this term means the
al annual revenues as shown in an annual fiscal report filed with the
gistry of Charitable Trusts of state and federal tax records, based on
latest fiscal year ending prior to the date the Fund reimbursement
-Haim application was filed.
"Board" means the State Water Resources Control Board.
"Bodily injury" means the physical injury, sickness, disease, includ-
ing death, sustained by any person as a proximate result of an unautho-
rized release from an underground storage tank or residential tank.
"Certification" means a written statement signed by a claimant attest-
ing to the accuracy and completeness of the facts contained in the written
statement.
"Chief financial officer" means the person who normally prepares,
verifies or certifies financial information on behalf of an owner or opera-
tor. The term means the owner or operator of the underground storage
tank if no other individual is designated as the chief financial officer.
"Claim" means a written request for payment of costs eligible for re-
imbursement from the Fund.
"Claimant" means an owner or operator who files a claim against the
Fund.
"Corrective action" means any activity necessary to investigate and
analyze the effects of an unauthorized release; propose a cost-effective
plan to adequately protect human health, safety, and the environment and
to restore or protect current and potential beneficial uses of water; and
implement and evaluate the effectiveness of the activity(ies). Corrective
action does not include any of the following activities:
(a) detection, confirmation, or reporting of the unauthorized release;
or, -
(b) repair, upgrade, replacement or removal of an underground storage
tank or residential tank.
"De facto owner" means the owner of real property who has actual
possession of and control over an underground storage tank or residential
tank that is located on the property and that has been abandoned by its
legal owner and operator.
"Designated representative" means any person who provides financ-
ing for costs claimed in a reimbursement request. The term includes the
state, any department or agency thereof, or the federal government.
"Division" means the State Water Resources Control Board, Division
of Clean Water Programs, or any other division of the board authorized
to administer the Fund.
"Facility" means any one, or combination of, underground storage
tanks used by a single business entity or person at a single location or site.
"Federal Act" means subchapter IX of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act of 1976 and
Solid Waste Amendments of 1984 (42 U.S.C. § § 6991-6991i), as it may
subsequently be amended or supplemented, and the regulations adopted
pursuant thereto, The Federal Act is incorporated herein by reference.
"Financial responsibility" means state and federal financial responsi-
bility requirements for petroleum underground storage tanks. These re-
quirements are established by:
(a) title 40 Code of Federal Regulations, part 280, subpart H (com-
mencing with section 280.90), established pursuant to section 6991c(c)
of title 42, United States Code;
(b) Health and Safety Code Section 25292.2;
(c) Health and Safety Code, division 20, article 3, chapter 6.75 (com-
mencing with section 25299.30); and
(d) article 3 of this chapter.
"Fund" means the Underground Storage Tank Cleanup Fund created
pursuant to section 25299.50 of the Health and Safety Code.
"General purpose revenues" means revenues consisting of all of the
following: secured and unsecured revenues; less than countywide funds,
secured and unsecured; prior year secured and unsecured penalties and
delinquent taxes; sales and use taxes; transportation taxes (nontransit);
property transfer taxes; transient lodging taxes; timber yield taxes; air-
craft taxes; franchise taxes; fines, forfeitures, and penalties; revenues
from use of money and property; motor vehicle in -lieu taxes; trailer
coach in -lieu taxes; homeowner property tax relief; open -space tax re-
lief; and cigarette taxes.
"Gross negligence" means any act or failure to act by the owner or op-
erator, its employees, agents, or any other person under the owner' s or
operator's supervision or control, in reckless disregard of the conse-
quences, that causes or allows an unauthorized release from an under-
ground storage tank or residential tank to occur or to continue.
Page 157
R•oisc•• 'non, .te aa, l0-7'—'tOOn
§ 2804 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
"Heating oil" means petroleum, as defined in 40 Code of Federal Reg-
ulations, section 280.12, that is: Number 185, page 37117, namely: No.1,
No.2, No.4—light, No.4—heavy, No.5—light, No.5—heavy, and No.6 tech-
nical grades of fuel oil; other residual fuel oils (including Navy Special
'uel Oil and Bunker C); and other fuels when used as substitutes for one
r these fuel oils.
"Initial site investigation" means a soil and groundwater investigation
sufficient to identify where contamination resulting from an unautho-
rized release is most likely to be present.
"Initiation of corrective action" means actual commencement of cor-
rective action work by or under the authority of an owner or operator in
accordance with California Code of Regulations, title 23, division 3,
chapter 16, article 11 (commencing with section 2720).
"Local agency" means a local agency authorized to implement Health
and Safety Code, division 20, chapter 6.7 (commencing with section
25280) pursuant to section 25283 of the Health and Safety Code.
"Nonprofit organization" means a nonprofit public benefit organiza-
tion incorporated pursuant to title 1, division 2, part 2 (commencing with
section 5110) of the Corporations Code.
"Occurrence" means an accident, including continuous or repeated
exposure to conditions, that results in an unauthorized release of petro-
leum from an underground storage tank or residential tank. Unauthorized
releases at the same site that require only a single site investigation shall
be considered one occurrence, An unauthorized release subsequent to a
previous unauthorized release at the same site shall only be considered
a separate occurrence if an initial site investigation has been completed
for the prior unauthorized release.
"Operator" means any person in control of, or having responsibility
for, the daily operation of an underground storage tank or residential tank
containing petroleum. The term includes any city, county, or district, or
any agency or department thereof, but does not include the state or any
agency or department thereof, or the federal government.
"Owner" means a person who owns an underground storage tank or
esidentiai tank. The term includes an owner of real property who is a
acto owner of an underground storage tank or residential tank located
on such property; however, the term does not include the state or any
agency or department thereof, or the federal government.
"Permit" means a written authorization issued under Health and Safe-
ty Code, division 20, chapter 6.7 (commencing with section 25280) and
includes but is not limited to the permit required pursuant to section
25284 for an owner or operator to operate an underground storage tank.
"Person" means an individual, trust, firm, joint stock company, corpo-
ration, or other entity, including a government corporation, partnership,
limited liability company, or association. The term includes a city,
county, district, or state, and an agency or department thereof; or the
United States to the extent authorized by federal law.
"Petroleum" means crude oil, or any fraction thereof, that is liquid at
60 degrees Fahrenheit and 14.7 pounds per square inch absolute, includ-
ing the following substances: motor fuels, jet fuels, distillate fuel oils, re-
sidual fuel oils, lubricants, petroleum solvents, and used oils, including
any additives contained in the formulation of the substances.
"Petroleum marketing facilities" means all facilities at which petro-
leum is produced or refined and all facilities from which petroleum is
sold or transferred to other petroleum marketers or to the public.
"Petroleum marketing firms" means all firms owning petroleum mar-
keting facilities. Firms owning other types of facilities with underground
storage tanks as well as petroleum marketing facilities are considered to
3e petroleum marketing firms.
"Property damage" means actual loss, injury, or deterioration to a third
Darty's real or personal property which is caused by an unauthorized re -
ease of petroleum from an underground storage tank or residential tank.
"Regional board" means a California Regional Water Quality Control
3oard.
"Regulatory agency" means the Board, a regional board, or a local,
or federal agency that has responsibility or authority for regulating
:ncerground storage tanks or residential tanks or that has responsibility
for corrective action or overseeing corrective action, for unauthorized re-
leases from underground storage tanks or residential tanks.
"Regulatory technical assistance" means assistance from aperson oth-
er than the claimant in the preparation and submission of a claim to the
Fund. Regulatory technical assistance includes assistance with complet-
ing and submitting the claim application, reimbursement requests, and
supporting documentation, and complying with procurement require-
ments. Regulatory technical assistance does not include assistance with
preparing and pursuing a site closure petition, an appeal to the Division
Chief for unpaid claims, a petition for unpaid claims, or an action in court.
"Reimbursement Request" means documents required by the Division
and necessary for reimbursement of a claim.
"Release" means any spilling, leaking, emitting, discharging, escap-
ing, leaching, or disposing from an underground storage tank or residen-
tial tank into or on the waters of the state, the land, or the subsurface soils.
The term does not include releases which are clearly attributable to spills
or overfills occurring as a result of filling or emptying of an underground
storage tank or residential tank.
"Residence" means real property which is improved with an owner —
occupied single family dwelling or duplex.
"Residential tank" means a tank, as defined in Health and Safety Code
section 25281, subdivision (t), including pipes connected thereto, that
meets all of the following conditions:
(a) The tank is used for the storage of petroleum.
(b) The tank is substantially or totally beneath the surface of the
ground.
(c)(i) The tank is located at the residence of a person on property used
exclusively for residential purposes at the time of discovery of the unau-
thorized release; or
(ii) The tank is located at the residence of a person, the tank is located
on property which on or after January 1, 1985, has not been used for agri-
cultural purposes, the tank has a capacity of 1,100 gallons or less, and on
or after January 1, 1985, the tank has been used for the sole purpose of
storing home heating oil for consumptive use on the premises where
stored.
(d) The tank is not located on a farm, and on or after January 1, 1985,
the tank has not been used primarily to store motor vehicle fuel for agri-
cultural or resale purposes.
"Site" means the parcel of real property at which an underground stor-
age tank or residential tank is located, subject to the following limita-
tions:
(a) If underground storage tanks or residential tanks are located at ad-
jacent parcels of real property, the adjacent parcels together constitute
one site if both of the following apply:
(i) The underground storage tanks are, or have been, operated by the
same person.
(ii) The adjacent parcels are under common ownership or control.
(b) Notwithstanding subdivision (a), the Board may consider a parcel
of real property as consisting of multiple sites, corresponding to the num-
ber of distinct underground storage tank or residential tank operations at
the parcel, if the Board makes both of the following findings:
(i) There is more than one underground storage tank or residential tank
located at the parcel.
(ii) Each separately operated underground storage tank, residential
tank, or group of underground storage tanks and residential tanks is not,
and has not been, operated by a person who is operating or has operated
another underground storage tank or residential tank at the same parcel.
"Small business" means a business which, at the time of application
to the Fund, fits the definition of a small business set forth in Government
Code section 14837, subdivision (d), except that a business that is domi-
ciled or has its principal office outside of the state is a "small business"
if the business otherwise fits the definition set forth in section 14837, sub-
division (d).
Page 158
Register 2000, No. 43; 10-27-2000
2824
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
All fittings shall be of corrosion -resistant material and shall be so con-
cted and installed as to ensure a water -tight seal. All pumpout sys-
ms shall be designed and constructed to have a minimum capability of
pumping out vessel marine sanitation devices having 1 1/2-inch fittings.
The system shall be designed and constructed to prevent leakage when
ansferring or when the system is disconnected. This would normally re-
uire a minimum of four valves; one on each side of the pump, plus one
at the storage tank, and one at the vessel holding tank connection.
NOTE Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
ode. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NoTn filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
Editorial correction of printing error in subsection (b) (Register 94, No. 26).
2824. Pumpout Facility Water Supply Required.
The pumpout facility shall be designed and constructed such that a wa-
r supply is available at appropriate locations for flushing and cleaning
vessel holding tanks and storage tanks. The water supply shall be pro-
tected against back-siphonage of waste into the water system by a back -
'low prevention device meeting the standards established by the State
oard of Public Health in Group 4 (commencing with Section 7583),
ubchapter 1, Chapter 5, Part 1 of Title 17 of the California Administra-
tive Code.
OTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
ode. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
Article 3. Operation and Maintenance
2827. Operation and Maintenance Instructions.
A set of operation and maintenance instructions shall be prepared and
ed in the operation of the pumpout facility. The operation and mainte-
nance instructions shall be available for inspection at the pumpout facil-
and if found to be deficient by the staff of the Regional Board, the in-
ctions shall be corrected within 30 days.
(a) The operation instructions shall have a detailed explanation of
ve positions when the system is transferring sewage and when the sys-
is not being used.
(b) The operation and maintenance instructions shall include methods
which will be used to isolate portions of the system for maintenance and
air.
TE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
de. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Cade.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
0).
?828. Prevention of Leakage and Spillage.
All pumpout facilities shall be operated and maintained in such a man -
that there shall be no leakage or spillage of sewage.
TE: Authority cited: Sections 777 and 778, Harbors and Navigation Code. Ref-
ce: Section 777, Harbors and Navigation Code.
HISTORY
ew NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
0).
2829. Inspection and Maintenance Requirements.
. e entire pumpout system shall be inspected by the operator at regu-
intervals not exceeding six months and any worn components re-
ed. The Regional Board staff shall inspect the facility at regular inter -
ads not to exceed one yea.
e.Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Me.. Reference: Sections 775, 776, 777 and 778,. Harbors and Navigation Code.
HISTORY
. New NOTE tiled 10-1-85; effective thirtieth day thertefter (Register 85, No.
40).
Chapter 20.1. Designation of Marine
Terminals to Provide Adequate Sewage
Retention Device Pumpout Facilities
Article 1. General Provisions
§ 2831. General.
Pursuant to Chapter 6 (commencing with Section 775) of Division 3
of the Harbors and Navigation Code the State Board shall, as needed for
the protection of water quality, require any person lawfully vested with
the possession, management, or control of a marine terminal to provide
adequate vessel sewage retention device pumpout capability, at locations
which are convenient and accessible to vessel users.
It is the intent of these regulations to provide a standard method of de-
termining which marine terminals shall be required to install and operate
pumpout facilities,
NOTE: Authority cited: Sections 776 and 778, Harbors and Navigation Code. Ref-
erence: Section 7�6, Harbors and Navigation Code.
HISTORY
1. New Subchapter 20.1 (Articles 1-2, Sections 2831-2836) filed 8-11-77; effec-
tive thirtieth day thereafter (Register 77, No. 33).
2. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
3. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2832. Definitions.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1134.9.7; effective thirtieth day thereafter (Register 85, No. 26),
Article 2. Administrative Procedures
§ 2833. Regional Board Request.
Each Regional Board, upon determining a need for additional pump -
out facilities within its region, shall request the State Board to require
specified marine terminals to install and operate pumpout facilities
where necessary to protect water quality.
NOTE: Authority cited: Sections 776 and 778, Harbors and Navigation Code. Ref-
erence: Section 776, Harbors and Navigation Code.
HISTORY
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2833.1. Contents of Regional Board Request for
Pumpout Facilities.
Requests for requiring marine terminals to install and operate vessel
waste pumpout facilities shall be forwarded to the State Board by the Re-
gional Board. Each request shall be based upon the guidelines contained
in Section 2834.1 and shall include the following as well as any other in-
formation requested by the State Board.
(a) Designation of the area where additional facilities are needed.
(b) Explanation of the need for additional pumpout facilities within the
area including:
(1) An estimate of the number of vessels with sewage retention devices
requiring pumpout facilities.
(2) The location of each marine terminal.
(3) The location and capacity of existing pumpout facilities.
(c) Recommendations as to which marine terminal or terminals should
install and operate pumpout facilities, the capacity of the facilities which
should be installed, and reasons for such recommendations.
(d) The name, owner, and address of each marine terminal recom-
mended pursuant to (c) above.
(e) An appropriate installation time schedule pursuant to Section 2835.
Page 158.12(d)
Rteissec 'nr 6's-
Title 23 State Water Resources Control Board § 2823
ing, the Board may invite comments on the matter from interested per-
sons. These comments shall be based solely on factual material contained
in the record or legal argument.
(2) No new factual material shall be submitted at the Board meeting.
If new legal argument is to be submitted at the Board meeting, the argu-
ment shall be filed in writing with the Board and other interested persons
at least five working days prior to the Board meeting in order for such ar-
gument to be considered by the Board.
NOTE: Authority cited: Section 25299,77, Health and Safety Code. Reference:
Sections 25299.39.2 and 25299.56, Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Chapter.19. Certification Under the
California Pollution Control Financing
Authority Act
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 39615,
Health and Safety Code.
HISTORY
1. Repealer of Subchapter 19 (Sections 2800 through 2811) filed 9-5-81; effective
thirtieth day thereafter (Register 80, No, 36). For prior history see Register 74,
No. 10.
Chapter 20. Standards for the Removal of
Sewage from Vessels
Article 1. General
§ 2815, Authority and Purpose.
The standards contained herein are prescribed by the State Board pur-
suant to Chapter 6 (commencing with Section 775) of Division 3 of the
Harbors and Navigation Code. The purpose of these standards is to estab-
lish criteria for the design, construction, operation, and maintenance of
pumpout facilities for the removal of sewage from vessel sewage reten-
tion devices.
NOTE: Authority cited: Sections 775, 775.5, 776, 778, 783 and 784, Harbors and
Navigation Code. Reference: Chapter 6 (cormencing with Section 775), Division
3, Harbors and Navigation Code.
HISTORY
1. New Subchapter20 (Sections 2815-2829, not consecutive) filed 9-3-76; effec-
tive thirtieth day thereafter (Register 76, No. 36).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2816. Definitions.
The following definitions shall apply to this subchapter.
(a) "Pumpout facility" means any facility or other means used to trans-
fer sewage from a vessel sewage retention device aboard a vessel to stor-
age and/or disposal facilities.
(b) "Sewage retention device" means any equipment on board a vessel
which is designed to receive and retain sewage.
NOTE: Authority cited: Sections 775.5 and 778, Harbors and Navigation Code.
Reference: Section 775.5, Harbors and Navigation Code.
HISTORY
1. New subsection (e) filed 8-6-81; effective thirtieth day thereafter (Register
81,No. 32).
2. Order of Repeal of subsections (b--d) filed 6-3-85 by OAL pursuant to Govern-
ment Code Section 11349.7; effective thirtieth day thereafter (Register S5„No.
26).
3. Amendment filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2817. Application of Regulations.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Design and Construction
§ 2819. Pumpout Facility Design and Use.
The pumpout facility must be designed or utilized such that all sewage
transferred from vessel marine sanitation devices is stored or disposed of
in a manner approved by the appropriate Regional Water Quality Control
Board and in accordance with local ordinances.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New Nora filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
2. Editorial correction (Register 95, No. 33).
§ 2820. Prevention of Leakage and Spillage.
All pumpout facilities shall be designed and constructed in such a
manner that there shall be no leakage or spillage of sewage.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2821. Pump Design Requirements.
Pumps provided at the pumpout facility for the transfer of waste from
vessel to the pumpout facility and from the pumpout facility to the dis-
posal system shall:
(a) Be of self -priming and non -clogging design.
(b) Be of sufficient size and capacity to complete the transfer operation
in a reasonable amount of time when operating against the maximum an-
ticipated head.
(c) Be designed and installed to prevent leakage or spillage.
(d) Be designed and installed to meet all safety requirements.
(e) Be constructed of corrosion -resistant material.
The pumps may be either of fixed or portable type installation.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778. Harbors and Navigation Code
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2822. Storage Tank Design Requirements.
Storage tanks used to store pumpout waste shall:
(a) Be designed and constructed to allow for complete emptying of
contents into a disposal system or waste haulers tank.
(b) Be equipped with a means of determining the amount of sewage
in the tank.
(c) Be equipped with a means of preventing backflow from the storage
tank into the pumpout system.
(d) Be designed and constructed to prevent overflow or spillage.
(e) Be designed and installed to protect against a 1-in-100 year flood.
(f) Be constructed of material capable of withstanding solar radiation
and chemical action of freshwater, saltwater, chemical additives and
sewage without excessive deterioration.
(g) Be designed and constructed such that the sewage enters the tank
above maximum storage level.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2623. Design Requirements for Piping and Hoses.
All piping/hosing used in the design and construction of a pumpout
system shall:
(a) Be designed to withstand any pumping pressure or vacuum en-
countered without leakage; and
(b) Be constructed of material capable of withstanding solar radiation
and chemical action of freshwater, saltwater, chemical additives, and
sewage without excessive deterioration.
Page 158.12(c)
Register 2000, No. 43; 10-27-2000
2814.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
(2) No new factual material shall be submitted at the Board meeting.
f new legal argument is to be submitted at the Board meeting, the argu-
ent shall be filed in writing with the Board and other interested persons
at least five working days prior to the Board meeting in order for such ar-
aument to be considered by the Board.
OTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
ection 25299.56, Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Article 6, Petitions for Site Closure
2814.6. Filing of Petition.
(a) Any underground storage tank or residential tank owner or opera-
tor or other responsible party who believes that the corrective action plan
or the site has been satisfactorily implemented, but who has not been
anted closure of the site, may petition the Board for review of the case,
whether or not the petitioner is eligible for reimbursement from the Fund
pursuant to Health and Safety Code section 25299.54.
(b) Prior to petitioning the Board for review, an underground storage
ank or residential tank owner or operator or other responsible party must
do both of the following:
(1) remove free product to the maximum extent practicable; and
(2) request and be denied case closure from the regulatory agency that
overseeing corrective action at the site. The denial must be signed by
the regional board' s Executive Officer or, if a local agency is overseeing
Porrective action, by the Environmental Health Director, or equivalent.
f the petitioner filed a request for closure, and if within 60 days of the
ate of the request for closure the regulatory agency neither acts on the
request nor it orms the petitioner of when the regulatory agency will act,
e inaction of the regulatory agency will be deemed to constitute a denial
f the request.
(c) Petitions to the B card requesting review of an underground storage
ink or residential tank case must include the following:
(1) th0name and address of the petitioner,
(2) the) address of the site;
(3) the name and address of the current owner of the site and of the
owners of adjacent property including properties that are across the street
om the site;
(4) the name, address, and telephone number of all responsible parties;
(5) a copy of the decision denying case closure by the regulatory
agency overseeing corrective action at the site or a copy of the petition-
s request to the reg
ulatory gulatory agency for closure accompanied by a state-
ent that the regulatory agency failed to act within 60 days of the request;
and
(6) a statement of the reasons why the petitioner believes the case
ould be reviewed.
(d) The petitioner may request a hearing for the purpose of presenting
actual material not presented to the regulatory agency or for oral argu-
ment or both. The request to present material which was not presented to
e regulatory agency must include a description of the factual material
at the petitioner wishes to submit, the facts that the petitioner expects
to establish, and an explanation of the reasons why the claimant could not
previously submit the new material to the regulatory agency. The peti-
per must include with the petition a copy of any new documentary ma -
'al that the petitioner wishes to present to the Board.
_NOTE: Authority cited: Section 25299,77, Health and Safety Cede. Reference:
ction 25299.37, 25299.39.2, Health and Safety Cade.
HISTORY
New article 6 (sections 2814.6-2814.8) and section filed 10-27-2000; opera-
tive 11-26-2000 (Register 2000, No. 43).
?814.7. Action try the Board.
(a) The Board shall send a copy of the petition to the regulatory agency
overseeing corrective action at the site and notify the agency that the re-
rd relative to the case and any agency response to the petition must be
received by the Board within 20 days of the date of the letter of notifica-
tion. The regulatory agency overseeing corrective action at the site will
also be notified that a list of persons, if any, known by the regulatory
agency to have an interest in the subject matter of the petition must be re-
ceived by the Board within 10 days of the date of the letter of notification.
(b) Upon receipt of a list of interested persons, the Board will notify
those persons, the current site owner, the owners of adjacent property,
and the appropriate regional board if it has not already been notified as
the regulatory agency overseeing corrective action at the site, that any re-
sponse to the petition by an interested person must be received by the
Board within 20 days of the date of the letter of notification.
(c) The regulatory agency shall send a copy of its response, if any, to
the petitioner. All other respondents shall send copies of their responses
to the petitioner and the regulatory agency. The deadline for filing a re-
sponse to the petition or submitting the record may be extended by the
Board.
(d) Following review of the petition, the record, and all responses to
the petition, the Board may:
(1) if a case is under the jurisdiction of aregional board or local agency
that is implementing a local oversight program pursuant to Health and
Safety Code section 25297.1, close the case or remand the case to the reg-
ulatory agency for action consistent with the Board decision;
(2) if a case is under the jurisdiction of a regulatory agency that is not
implementing a local oversight program pursuant to Health and Safety
Code section 25297.1, recommend that the case be closed;
(3) deny the request to require or recommend that the case be closed;
(4) refuse to review the request that the case be closed if the petition
fails to raise substantial issues that are appropriate for review by the
Board; or
(5) take such other action as the Board deems appropriate.
(e) Before taking action, the Board may, at its discretion, hold a hear-
ing; or the Board may provide for an informal meeting between the peti-
tioner, the Division staff, an appropriate representative of the regulatory
agency, a member of the Board, and such other persons as the Board
deems appropriate for the purpose of attempting to resolve the dispute.
(f) If an evidentiary hearing is held, it shall be conducted in accordance
with the California Code of Regulations, title 23, division 3, chapter 1.5,
article 2.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37 and 25299.39.2, Health and Safety Code.
HISTORY
I. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2814.8, Board Workshop and Meeting.
(a) The Board may discuss a proposed order in response to a petition
for site closure in a public workshop prior to formal action at a Board
meeting.
(1) At the workshop, the Board may invite comments on the proposed
order from interested persons. These comments shall be based solely
upon factual material contained in the record or upon legal argument.
(2) If the petitioner or an interested person desires to submit factual
material not contained in the record before the Board, the person may
make this request to the Board prior to or during the workshop. This re-
quest shall include a description of the material, and a statement and sup-
porting argument that the material was improperly excluded from the re-
cord or an explanation of the reasons why the person could not previously
submit the factual material. If the Board in its discretion approves the re-
quest, the person requesting consideration of the material must submit
the material in writing to the Board and all other interested persons within
rive days of such approval. The submittal shall be accompanied by a noti-
fication to all other interested persons that they will be allowed an addi-
tional five days from the submittal date to file responsive comments in
writing. The person requesting consideration of the material shall file
with the Board a copy of the notification to other interested persons.
(b)(1) Format disposition by the Board of any matter for decision will
be taken at a regularly or specially scheduled Board meeting. At the meet-
Paee 158.12(b1 „-_ .
Title 23 State Water Resources Control Board § 2814.5
• (4) a completed reimbursement request when the subject of the appeal
is non-payment of a specific cost.
(c) The Division Chief shall render a Final Division Decision within
30 days of receipt of the appeal. A Final Division Decision is final and
conclusive unless the claimant files a petition for review with the Board
that is received by the Board within 30 days from the date of the Final
Division Decision.
(d) The Division Chief may at any time, on the Division Chief's own
motion, issue a Final Division Decision.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Renumbering of former section 2814.1 to section 2814.2 and renumbering of
former section 2814 to new section 2814.1, including amendment of section and
NOTE, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2814.2. Petition for Board Review and Response by the
Division Chief.
(a) A claimant may petition the Board for review of a Final Division
Decision.
(b) A petition for Board review shall contain the following:
(1) the name and address of the petitioner;
(2) a statement of the date on which the petitioner received the Divi-
sion's final decision;,
(3) a copy of the Final Division Decision that the Board is requested
to review;
(4) an explanation why the claimant believes the Final Division Deci-
sion is erroneous, inappropriate, or improper; •
(5) a statement describing how the petitioner is damaged by the Final
Division Decision; and
(6) a description of the remedy or outcome desired.
(c) The petition shall be sent to the Board Chairperson, with copies
sent to the Chief Counsel of the Board, and the Division Chief.
(d) The petitioner may request a hearing for the purpose of presenting
factual material not presented to the Division Chief or for oral argument
or both. The request to present material which was not presented to the
Division Chief must include a description of the factual material that the
petitioner wishes to submit, the facts that the petitioner expects to estab-
lish, and an explanation of the reasons why the claimant could not pre-
viously submit the new material to the Division Chief. The petitioner
must include with the petition a copy of any new documentary material
that the petitioner wishes to present to the Board.
(e) The Division Chief may file a response to the petition with the
Board within 30 days of the Board's notification to the petitioner that the
petition is complete. The Division must provide a copy of any response
to the petitioner. The Board may extend the time for filing a response by
the Division Chief.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code,
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Renumbering of former section 2814.2 to section 2814.3 and renumbering of
former section 2814.1 to new section 2814.2, including amendment of section
heading and section, filed 10-27-2000; operative 11-26-2000 (Register 2000,
No. 43).
§ 2814.3. Defective Petitions.
Upon the Board' s receipt of apetition which does not comply with sec-
tion 2814.2 of this chapter, the Board, through its Chief Counsel, will ad-
vise the petitioner of the manner in which the petition is defective and al-
low a reasonable time within which an amended petition may be filed. If
the Board does riot receive a properly amended petition within the time
allowed, the petition shall be dismissed.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3, Amendment of subsection (d) and NOTE filed 8-8-96; operative 8-8-96 pur-
suant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Renumbering of former section 2814.3 to new section 2814.4 and renumbering
of farmer section 2814.2 to new section 2814.3, including amendment of sec -
don, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2814.4. Action by the Board.
(a) In response to the petition, the Board may:
(1) refuse to review the petition if it is late or fails to raise substantial
issues which are appropriate for Board review;
(2) affirm the final decision that the Board has been requested to re-
view;
(3) set aside or modify the final decision that the Board has been re-
quested to review; or
(4) take such other action as the Board deems appropriate.
(b) Before taking action, the Board may, at its discretion, hold a hear-
ing, or provide for an informal meeting between the petitioner, the Divi-
sion Chief, a member of the Board, and such other persons as the Board
deems appropriate for the purpose of attempting to resolve the dispute.
(c) If an evidentiary hearing is held, it shall be conducted in accordance
with the California Code of Regulations, title 23, division 3, chapter 1.5,
article 2.
(d) The Board shall act on the petition and provide written notification
of its action to the parties within 90 days after receipt of the petition, un-
less all parties agree in writing to an extension of time. If the Board initi-
ates an evidentiary hearing, the Board shall act on the petition within 270
days after receipt of the petition.
(e) The Board reserves the right, at its discretion, to consider a petition
upon its own motion.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safery Code.
HISTORY
1. Renumbering of former section 2814.3 to new section 2814.4, including amend-
ment of section and NOTE, filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
§ 2814.5. Board Workshop and Meeting.
(a) The Board may discuss a proposed order in response to a petition
for review of a Final Division Decision in a public workshop prior to for-
mal action at a Board meeting.
(1) At the workshop, the Board may invite comments on the proposed
order from interested persons. These comments shall be based solely
upon factual material contained in the record or upon legal argument.
(2) If the petitioner or an interested person desires to submit factual
material not contained in the record before the Division Chief, the person
may make this request to the Board prior to or during the workshop. This
request shall include a description of the material, and a statement and
supporting argument that the material was improperly excluded from the
record or an explanation of the reasons why the person could not pre-
viously submit the factual material. If the Board in its discretion approves
the request, the person requesting consideration of the material must sub-
mit the material in writing to the Board and all other interested persons
within five days of such approval. The submittal shall be accompanied
by a notification to all other interested persons that they will be allowed
an additional five days from the submittal date to file responsive com-
ments in writing. The person requesting consideration of the material
shall file with the Board a copy of the notification to other interested per-
sons.
(b)(1) Formal disposition by the Board of any matter for decision will
be taken at aregularly or specially scheduled Board meeting. At the meet-
ing, the Board may invite comments on the matter from interested per-
sons. These comments shall be based solely on factual material contained
in the record or legal argument.
14
Page 158.12(a)
a "oistec 2000, No. 43;10-21-2000
§ 2813.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
ant that the Division staff proposes to remove the claim and shall state the
• ounds for the Division staff' s determination.
(1) If the Division staff issues such anotice, no payments shall be made
n account of such claim until the claimant has corrected the condition
that was the basis for the removal. If, within 30 days after the date of the
iotice, the claimant fails to correct the condition that is the basis for the
roposed removal or fails to file a request for review or an appeal with
e Fund Manager or Division Chief, as appropriate, pursuant to article
5 of this chapter, the Division staff shall remove the claim from the prior-
ty list when the 30-day period has ended.
(2) In the event of arequest for review by the Fund Manager, an appeal
ro the Division Chief, or a petition to the Board, the claim involved shall
remain on the priority list pending resolution of the request for review,
ppeal or petition but no payments shall be made on the claim until such
esolution.
(c) For claims filed before January 1, 1997, a claimant may resubmit
a claim that has been removed from the priority list pursuant to subdivi-
ion (a) of this section if the claimant has corrected the condition that was
he basis for the removal. A claim that is resubmitted pursuant to this sub-
division shall be treated as a new claim, and if the Division determines
.at the claimant has corrected the condition that was the basis for remov-
, the claim's priority ranking shall be based on the date when the Divi-
ion makes its determination. A claim may not be resubmitted to the Fund
if the Information presented about the claim contains a material error that
as a result of misrepresentation or fraud or other misconduct on the part
f the claimant.
(d) For claims filed on or after January 1, 1997, the Division may sus-
pend a claim for the reasons described in subdivision (a) of this section
follows:
(1) The Division may suspend a claim that is on the priority list until
".. e claimant corrects the grounds for suspension of the claim. When the
claimant corrects the grounds for suspension of the claim, the Division
all give the reinstated claim anew priority ranking as of the date of rein-
tement.
(2) The Division may suspend a claim that has received a letter of com-
mitment until the claimant corrects the grounds for suspension of the
m. When the claimant corrects the grounds for suspension of the
m. then the Division shall reinstate the claim and reimburse the claim-
ant's eligible costs when funding is available.
(e) Notwithstanding subdivision (d)(1)-(2), for claims filed on or after
uary 1, 1997, if the information presented on the claim contains a ma -
al error, and the error resulted from fraud or misrepresentation on the
part of the claimant, the Division may revoke the claimant's eligibility
and may bar the claim from further participation in the Fund.
(f) If a claim is rejected by Division staff before the claim is placed on
priority list, the claimant may either appeal the decision to reject the
claim pursuant to article 5 of this chapter or the claimant may submit a
w claim.
TR: Authority cited: Section 25299.77, Health and Safety Code. Reference:
tions LS 99.55,
9956,22529957(a),((d)(2)—(3) and 25299.58(b)(3) ((4), Health and ' and Safety
ode.
HISTORY
ew section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
.'torial correction of printing errors in HISTORY 1. (Register 92, No. 43).
enumbering of former section 2813.3to new section 2813.2 and renumbering
of former section 2813.4 to new section 2813.3, including amendment of sec-
tion heading, section and NOTE, filed 10-27-2000; operative 11-26-2000
egister 2000, No. 43).
"813.4. Removal from the Priority List.
a Authority cited: Section 25299.77, Health and Safety Code. Reference:
t ons 25299.37(a)—(c), 25299.52(a), 25299.54(a), (b) and (d), 25299.55,
.9. 57(a), (d)(2)—(3), 25299.58(b)(3)-(4) and 25299.77, Health and Safety
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 8-8-96; operative 8-8-96 pursuant to Gov-
ernment Code section 11343.4(d) (Register 96, No. 32),
4. Renumbering of former section 2813.4 to section 2813.3 filed 10-27-2000; op-
erative 11-26-2000 (Register 2000, No. 43).
Request for Review, Appeal, and
Petition Process
§ 2814. Fund Manager Decisions,
(a) A claimant who disagrees with a decision rendered by Division
staff may request review of the decision by the Fund Manager.
(b) A request for review by the Fund Manager must be accompanied
by all material that the claimant wishes to be considered by the Fund
Manager, and by the Division Chief and the Board in any subsequent re-
view by the Division Chief or Board. The request for review must include
the following information:
(1) a statement describing how the claimant is damaged by the prior
staff decision. This section shall be entitled "Claimant's Grievance";
(2) a description of the remedy or outcome desired. This section shall
be entitled "Remedy Requested";
(3) an explanation why the claimant believes the staff decision is erro-
neous, inappropriate or improper. This section shall be entitled "State-
ment of Reasons"; and
(4) a completed reimbursement request when the subject of the request
is non-payment of a specific cost.
(c) The Fund Manager shall render a Fund Manager Decision within
30 days of receipt of the •appeal. A Fund Manager Decision is final and
conclusive unless the claimant files an appeal to the Division Chief that
is received by the Division Chief within 60 days from the date of the Fund
Manager Decision.
(d) The Fund Manager may at any time, on the Fund Manager's own
motion, issue a Fund Manager Decision.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.54(a) and 25299.55, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of section heading, section and NOTE filed 8-8-96; operative
8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of article 5 heading, renumbering of former section 2814 to new
section 2814.1 and new section 2814 filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2814.1. Final Division Decisions.
(a) A claimant may appeal to the Division Chief for review of a Fund
Manager Decision. In addition, a claimant who disagrees with a decision
rendered by Division staff may appeal directly to the Division Chief pur-
suant to this section, as an alternative to requesting review by the Fund
Manager. A claimant who chooses to request review by the Fund Manag-
er must receive a Fund Manager Decision before appealing to the Divi-
sion Chief.
(b) An appeal to the Division Chief must be accompanied by all mate-
rial that the claimant wishes to be considered by the Division Chief, and
by the Board in any subsequent review by the Board. The appeal must
include the following information:
(1) a statement describing how the claimant is damaged by the Fund
Manager Decision or prior staff decision. This section shall be entitled
"Claimant's Grievance";
(2) a description of the remedy or outcome desired. This section shall
be entitled "Remedy Requested";
(3) an explanation why the claimant believes the Fund Manager Deci-
sion or prior staff decision is erroneous, inappropriate, or improper. This
section shall be entitled "Statement of Reasons"; and
Page 158.12
Article 5.
Title 23 State Water Resources Control Board
§ 2813.3
HISTORY
1. New section filed 12-27-94 as an emergency; operative 12-27-94 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part
1 of Division 3 of Title 2 of the Government Code, this section shall not be re-
pealed by OAL and shall remain in effect until revised by the State Water Re-
sources Control Board, pursuant to Health and Safety Code section 25299.77,
subdivision (b).
2. Amendment of section heading, section and NoTE filed 10-27-2000; operative
11-26-2000 (Register 2000, No. 43).
§ 2812.7. Submission and Receipt of Claims.
A claimant may hand -deliver claims to the Board or submit claims by
mail. A claimant shall not submit claims by facsimile or through other
electronic means.
NOTE: Authority: Section 25299.77, Health and Safety Code, Reference: Section
25299.55, Health and Safety Code.
HISTORY
1. New section filed 8-8-96; operative 8-8-96 pursuant to Government Code sec-
tion 11343.4(d) (Register 96, No. 32).
2. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register
2000. No. 43).
§ 2812.8. Disqualification of Claims.
The Board may disqualify a claim and may bar the claim from further
participation in the Fund at any time during the active life of the claim if
it is found that the claimant has made a misrepresentation.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.55 and 25299.56(a), Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2813. Creation of Priority Lists.
(a) At least once each calendar year, the Board will adopt a revised
priority list. The Board will place on a revised priority list only those
claims received at least 30 days prior to adoption of a revised list and for
which the Board has not issued a letter of commitment.
(b) Within 60 days of receipt of a new, completed claim application
that was not included on the previous priority list, the Division will con-
duct a review of the claim to determine if the claim is eligible.
(c) The Board will not incorporate into a revised priority Iist those
claims from the previous priority list for which a letter of commitment
has been issued.
(d) Claims which are carried over from a previous priority list will re-
tain their previous ranking within their respective priority class on any
revised priority list. New claims added to any priority class on any re-
vised priority list will be ranked below claims that are carried over from
the previous priority list within that class, and the new claims will be
ranked in the order of receipt. New claims received on the same day will
be randomly ranked.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52(a)-(b) and 25299.55, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9),
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No, 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
§ 2813.1. Effect of Placement on Priority List:
(a) Placement of a claim on the priority list does not constitute a com-
mitment to reimburse eligible costs claimed. Such a commitment will be
deemed to occur only when a letter of commitment is issued that specifi-
cally commits funds to a claim.
(b) Claims on the priority list will generally be processed and paid ac-
cording to priority class and the ranking of claims within each priority
class. To the extent practicable, all claims within a higher priority class
will be processed and paid before any claims in a lower priority class.
(c) Reimbursement to a claimant on a site that has been reopened pur-
suant to section 2810.1, subdivision (b) of this chapter will be made when
funds are available as follows:
(1) If the original claim has not been issued a letter of commitment,
then the claim on the reopened site shall be placed on the priority list with
the same priority class and rank as the original claim.
(2) If the original claim has been issued a letter of commitment, then
a letter of commitment will be issued for the reopened site ahead of all
other claims on the priority list.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52(a)-(c), 25299.55 and 25299.57, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Cede,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of subsection (b) filed 8-8-96; operative 8-8-96 pursuant to Gov-
ernment Code section 11343.4(d) (Register 96, No. 32).
5. Repealer of former section 2813.1 and renumbering of former section 2813.2
to new section 2813.1, including amendment of section and NOTE, filed
10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2813.2. Management of Priority Lists.
To assure equitable, effective, and timely use and expenditure of avail-
able Fund monies, the Board reserves the right at any time to:
(a) modify the order of processing, payment and approval of claims
against the Fund;
(b) modify the ranking of claims within any priority class, provided,
however, that such action will only be taken after public hearing;
(c) transfer a claim to its correct priority class if the claim has been in-
appropriately assigned to a priority class. The claim will be placed on the
list in accordance with the date on which the claim was received;
(d) determine that a claim that is on the priority list shall receive no fur-
ther funding or shall be reduced in rank or priority class if the claimant
fails to pursue completion of corrective action with reasonable diligence;
(e) waive any non -statutory requirements pertaining to processing,
payment or approval of claims.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52, 25299.55 and 25299.57(d)(2)-(3), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Renumbering of former section 2813.2 to new section 2813.1 and renumbering
of former section 2813.3 to new section 2813.2, including amendment of sec-
tion and NOTE, filed 10-27-2000; operative 11-26-2000 (Register 2000, No.
43).
§ 2813.3. Removal from the Priority List; Suspension and
Rejection of Claims.
(a) A claim that has been placed on the priority list may be removed
if:
(1) the claimant is not in compliance with any of the applicable re-
quirements of this chapter, the California Code of Regulations, title 23,
division 3, chapter 16, Health and Safety Code, division 20, chapters 6.7
or 6.75, or any provision of the Water Code under which the claimant is
required to take corrective action in response to an unauthorized release
of petroleum from an underground storage tank or a residential tank; or
(2) the claimant fails to provide necessary documentation or informa-
tion, or refuses to provide access to the site that is the subject of the c'--aim
to a regulatory agency; or
(3) the information submitted with the claim contains amaterial error.
(b) The Division staff shall issue a Notice of Intended Removal from
the priority list prior to such removal. The notice shall inform the claim -
Page 158.11
Register 2000, No. 43; 10-27-2000
2812.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
(2) the causes of action in any underlying lawsuit or claim resulting in
e compensation to the claimant.
(3) the claimant' s documentation of actual, ascertainable costs to
which the payment of compensation reasonably may be attributed. The
ivision will not allocate the payment to costs that are unsubstantiated.
(d) If corrective action, regulatory technical assistance, or third party
mpensation costs are advanced to a claimant, or incurred on behalf of
a claimant pursuant to a written contract, other than an insurance con-
ct, under circumstances where the claimant is obligated to repay the
vance from reimbursement received from the Fund, the Division shall
t consider the advance to be a double payment so long as the Fund re-
imbursements are paid over to the person making the advance and the
k _ ant does not benefit, directly or indirectly, from the payover.
i.E
(e) Notwithstanding subdivision (a), a claimant may receive reim-
oursement from the Fund for corrective action, regulatory technical as-
sistance, or third party compensation costs if an insurer has advanced the
sts pursuant to an insurance contract and either of the following apply:
(1) The insurance contract explicitly coordinates insurance benefits
with the Fund and requires the claimant to do both of the following:
(A) maintain the claimant's eligibility for reimbursement of costs from
Fund by complying with all applicable eligibility requirements, and
(B) reimburse the insurer for costs paid by the insurer pending reim-
bursement of those costs by the Fund.
(2) The claimant received a letter of commitment prior to June 30,
99, for the occurrence and the claimant is required to reimburse the in-
er for any costs paid by the insurer pending reimbursement of those
costs by the Fund.
(f) Notwithstanding subdivision (a), when a claimant obtains settle-
nt proceeds or a judgment for costs the Fund would otherwise have
bussed, the Fund may bear a fair share of the claimant's costs of ob-
taining the settlement proceeds or judgment.
1)(A) The Fund's fair share shall be equal to the lesser of:
i) the claimant's actual legal fees and legal costs incurred in collecting
• settlement or obtaining the judgment in proportion to the ratio of the
.,sts the fund would otherwise have reimbursed to the total settlement
udgment amount; or
ii) 30 percent of the claimant's otherwise reimbursable costs obtained
Dy the settlement or judgment.
(B) The Fund shall deduct its fair share from the amount determined
e a double payment. If, however, the amount of the double payment
eater than the claimant's corrective action costs, the Fund shall pay
is fair share to the claimant directly.
(2) The Fund shall not bear a fair share if the person paying the monies
he claimant pursuant to the settlement or the judgment is eligible to
a claim against the Fund and has not waived its ability to file a claim.
(3) The Fund shall not bear a fair share if both of the following are met:
A) all of the claimant's documented costs that are related to the causes
ction alleged in the underlying complaint have been met by the settle-
t or judgment; and
(B) all of the claimant's documented costs of obtaining the settlement
dgment have been met.
E: Authority cited: Section 25299.77, Health and Safety Code. Reference:
ions 25299.10, 25299.51, 25299.54, 25299.57 and 25299.58, Health and
arety Code.
HISTORY
w section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
effect uninterrupted pursuant to Health and Safety Code section 25299.77
egister 92, No. 9).
Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
.endment filed 12-27-94 as an emergency; operative 12-27-94 (Register
No, 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of
1 of Division 3 of Title 2 of the Government Code, this section shall not be
repealed by OAL and shall remain in effect until revised by the State Water Re-
sources Control Board, pursuant to Health and Safety Code section 25299.77,
division ('o).
endment of subsections (a) and (b) filed 8-8-96; operative 8-8-96 pursuant
ovemment Code section 11343.4(d) (Register 96, No. 32).
.Amendment of section heading, section and NOTE filed 10-27-2000; operative
26-2000 (Register 2000, No. 43).
§ 2812.4. Intentional or Reckless Acts; Ineligiblity of
Costs.
Notwithstanding any other provision of this article, corrective action
costs, regulatory technical assistance costs, and third party compensation
costs that result from the gross negligence or the intentional or reckless
acts of the claimant or an agent, servant, employee or representative of
the claimant, are not eligible for reimbursement from the Fund.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.61, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment filed 12-27-94 as an emergency; operative 12-27-94 (Register
94, No. 52), Notwithstanding Chapter 3.5 (commencing with section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be
repealed by 0AL and shall remain in effect until revised by the State Water Re-
sources Control Board, pursuant to Health and Safety Code section 25299.77,
subdivision (b).
4. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
§ 2812.5. Reimbursement Limitations.
(a)(1) The Board may not reimburse from the Fund more than
$1,000,000 per occurrence less the claimant's level of financial responsi-
bility as set forth in section 2808.1 of this chapter.
(2) Notwithstanding subdivision (a)(1) of this section, if the Board has
already reimbursed a claimant the maximum amount specified in subdi-
vision (a)(1) of this section, the Board may reimburse from the Fund up
to an additional $500,000 per occurrence for reasonable and necessary
corrective action and regulatory technical assistance costs.
(b) For each occurrence, a claimant must pay for otherwise eligible
costs in the amount of the claimant's level of financial responsibility as
set forth in section 2808.1 of this chapter. For each occurrence, the Board
may reimburse from the Fund only eligible corrective action, regulatory
technical assistance, and third party compensation claim costs in excess
of a claimant's level of financial responsibility.
(c) If multiple orjoint claimants file separate orjoint claims against the
Fund for the same occurrence, the Fund will require the claimants as a
group to pay the amount of financial responsibility only once per occur-
rence. The required amount of financial responsibility will be equal to the
amount of financial responsibility that would be required of the claimant
in the lowest priority class.
(d) Reimbursement under section 2813.1, subdivision (c) of this chap-
ter is available only to the extent that reimbursement for the earlier cor-
rective action does not exceed the amount of reimbursement authorized
by this section.
(e) No claimant may receive reimbursement from the Fund in any fis-
cal year which exceeds five percent of the total amount appropriated by
the legislature for payment of claims for that fiscal year unless exempted
by the Board pursuant to Health and Safety Code, section 25299.60, sub-
division (c)(2).
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.32, 25299.57(a), 25299.58, 2529959(b) and 25299.60(c), Health
and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
§ 2812.6. Verification of Claims.
Claimants shall verify under penalty of perjury that all statements,
documents and certifications contained in or accompanying a claim are
true and correct to the best of the claimant's knowledge. This shall in-
clude all statements and documents submitted during the active life of the
claim.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.55(a), Health and Safety Code.
Page 158.10
Title 23 State Water Resources Control Board § 2812.3
al engineers within the meaning of Business and Professions Code, divi-
sion 3, chapter 7 or professional geologists within the meaning of Busi-
ness and Professions Code, division 3, chapter 12.5.
(f) Where a claimant incurs increased costs or changes the scope of
work covered by the awarded proposal or bid, the claimant must justify
to the Division's satisfaction any costs in excess of the awarded proposal
or bid.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.57, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the. State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and NOTE filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and Nora filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2812.2. Eligible and Ineligible Costs.
(a) The Board may only reimburse from the Fund reasonable and nec-
essary corrective action, regulatory technical assistance, and third party
compensation costs that are incurred by or on behalf of a claimant.
(b) In order to be reimbursable from the Fund, the corrective action
work undertaken must be acceptable to the appropriate regulatory
agency.
(c) The Board will review court -approved settlements to assure that
awarded costs, including third party compensation costs, are eligible.
(d) Regulatory agency oversight costs of corrective action work are el-
igible costs.
(e) The following are ineligible corrective action and regulatory tech-
nical assistance costs:
(1) attorney fees or other legal costs, except those to provide regulato-
ry technical assistance;
(2) interest or any finance charge;
(3) any cost associated with removal, repair, retrofit, or installation of
an underground storage tank, residential tank, or the equipment
associated with an underground storage tank or residential tank;
(4) any cost associated with supervision by a claimant of corrective ac-
tion;
(5) the cost of soil density tests that are not directly related to the cor-
rective action which is the subject of the claim;
(6) the cost of environmental audits or pre -purchase agreements un-
less performed as part of corrective action;
(7) the cost of testing for non -hydrocarbon contamination that is not
associated with corrective action for the specific claim involved;
(8) the cost of abandonment of wells not directly impacted by the un-
authorized release and not installed or used for corrective action pur-
poses;
(9) the cost of blacktop or concrete replacement or repair not directly
associated with corrective action;
(10) the cost of demolition of buildings except when it can be demon-
strated to the Division's satisfaction to be necessary to implement the
most cost effective corrective action option;
(11) the cost of repairs, remodels, or reconstruction of buildings or oth-
er improvements;
(12) the cost of monitoring devices to detect hydrocarbon contamina-
don in soil, the vadose zone, or water to the extent that they are not used
for corrective action;
(13) the cost of small tools except as required for corrective action;
(14) the cost of purchase of equipment, unless the claimant can dem-
onstrate that the purchase of equipment is more cost effective than leas-
ing or renting;
(15) any consequential costs incurred as a result of corrective action
such as, but not limited to, loss of rents or business;
(16) the added costs of implementing a corrective action alternative
that is not the most cost-effective alternative to achieve cleanup levels
identified as necessary by the regulatory agency;
(17) the costs of corrective action incurred to clean up the property be-
yond cleanup levels identified as necessary by the regulatory agency;
(18) corrective action costs incurred by the claimant before January 1,
1988;
(19) regulatory technical assistance costs incurred before January 1,
1997;
(20) regulatory technical assistance costs in excess of $3,000 per oc-
currence submitted with a reimbursement request received by the Fund
on or after January 1, 2000;
(21) costs associated with resubmitting an application or reimburse-
ment request to the extent the costs are incurred in response to a finding
of noncompliance with the application or reimbursement requirements
contained in this chapter; and
(22) any other costs not directly related to corrective action, including
but not limited to costs associated with filing of appeals and petitions.
(f) Only third party compensation costs incurred on or after January
1, 1988 are eligible for reimbursement from the Fund. The Fund may
only reimburse the following types of third party compensation costs:
(1) medical expenses caused by an unauthorized release;
(2) actual lost wages or business income caused by an unauthorized
release;
(3) actual expenses for remedial action necessary to remedy the effects
of property damage caused by an unauthorized release; and
(4) damages equal to the fair market value of any property rendered
permanently unsuitable for beneficial use by an unauthorized release.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.10, 25299.14, 25299.51, 25299.57 and 25299.58, Health and
Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (d)(10), new subsections (d)(11), (d)(15) and (d)(16),
and subsection renumbering filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section heading, section and NOTE filed 10-27-2000; operative
11-26-2000 (Register 2000, No. 43),
§ 2812.3. Double Payment.
(a) A claimant may not receive reimbursement from the Fund for cor-
rective action, regulatory technical assistance, or third party compensa-
tion costs that have been or will be reimbursed from another source.
(b) If a claimant receives compensation for corrective action, regulato-
ry technical assistance, or third party compensation costs from the Fund
and also receives compensation from a source other than the Fund for the
same cost, the claimant will remit to the Fund an amount equal to the sum
disbursed from the Fund on account of such cost.
(c) If a claimant has received compensation (such as a settlement pay-
ment or a reduction in the cost to acquire an interest in real property) from
another source, the Division shall determine whether the claimant will re-
ceive a double payment if the Fund reimburses the claimant's corrective
action, regulatory technical assistance, or third party compensation costs.
If the claim nt can demonstrate that the compensation was for costs other
than corrective action, regulatory technical assistance, or third party
compensation costs, the Division may not consider the compensation to
be a double payment. If a claimant receives compensation from a source
other than the Fund, the Division will base its determination regarding
the purposes of the compensation on one or more of the following:
(1) the terms of the written contract or judgment requiring the payment
of compensation to the claimant.
o. 43: 10-27-2000
2812
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
request is received. If the Division disapproves a request for pre-ap-
oval or fails to act within 30 days after receiving the request, the claim-
ant may petition the Board for review using the procedures set forth in
article 5 of this chapter,
(d) Where a claimant requests assistance in the selection of contractors
d consultants, the Division shall provide assistance with the following:
(1) identification of potential contractors and consultants;
(2) preparation of requests for statements of qualifications from poten-
al contractors and consultants;
(3) comparison and evaluation of the qualifications of contractors and
consultants;
(4) preparation of invitations for obtaining estimates and bids from
ntractors and consultants; and
(5) comparison of proposals and bids.
(e) When providing assistance to claimants pursuant to subdivision (d)
this section, the Division may not recommend, approve, or disapprove
nsultants or contractors. The responsibility for procuring, managing,
..d dismissing consultants and contractors is the sole responsibility of
the claimant. •
OTE: Authority cited: Section 25299.77, Health and Safety. Code. Reference:
ctions 25299.37, 25299.54(a)-(e), 25299.55, 25299.57, 25299.58(b)(1),
_)-(4) and 25299.59(c), Health and Safety Code.
HISTORY
New section fled 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
Amendment of subsection (e) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 32). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
Amendment of section heading, repealer and new section and amendment of
NOTE filed 8-8-96; operative 8-8-96 pursuant to Government Code section
1343.4(d) (Register 96, No. 32).
Amendment of section heading, section and NOTE filed 10-27-2000: operative
11-26-2000 (Register 2000, No. 43).
• 2812. General Procedures for Reimbursement.
(a) The Board will issue eligible claimants a letter of commitment that
11 obligate funds for eligible corrective action costs, regulatory techni-
cal assistance costs, third party compensation costs, or any combination
the foregoing. Issuance of a letter of commitment does not guarantee
t the costs claimed in the application are eligible or will be reimbursed
the Fund.
(b) After being issued a letter of commitment, a claimant may submit
equest for reimbursement of costs incurred to date.
(c) A claimant may submit reimbursement requests on an on -going
is for eligible costs provided that the requests are for $10,000 or more,
and not made more than once a month except for final payment.
d) Reimbursement requests must include invoices and auxiliary doc-
entation that demonstrate to the Division's satisfaction that the cor-
tive action and regulatory technical assistance costs claimed by a
claimant are eligible. Invoices must include, at a minimum, all of the fol-
ing:
1) a brief description of the work performed;
2) the date when the work was performed;
(3) the consultant's or contractor's name and address;
4) the name or initials of the person performing the work;
5) the job classification or title and hourly rate of the person perform-
ng the work;
(6) the hours charged for each task per day;
') the cost amount of the work performed;
3) if the invoice is for telephone calls or meetings and is submitted to
upport a claim for regulatory technical assistance, then the invoice must
3entify the subject of the telephone calls or meetings and the person. con-
d; and
(9) if the invoice identifies typical overhead costs (such as clerical sup-
port, copying costs, postage costs, and telephone costs) as distinct costs,
then documentation should be submitted explaining why these costs are
not included in the billed rate.
(e) A claimant may name a designated representative as a co -payee for
payments from the Fund. In such cases, the Board will issue payments
jointly to the claimant and the designated representative.
(f) Within 60 days of the receipt of a properly documented reimburse-
ment request, the Board will pay for reasonable and necessary costs or
inform the claimant of the Board's basis for rejecting the costs.
(g) A claimant must pay all costs incurred by the claimant, but not yet
paid, and claimed against the Fund within 30 days of receipt of reim-
bursement from the Fund. If a claimant has not paid such costs within 30
days, the claimant shall return the unpaid funds to the Board.
(h) In the event of an overpayment of a claim, the claimant shall repay
the overpayment within 20 days of request as provided by Government
Code section 12419.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37(d), 25299.55, 25299.56 and 25299.57, Health and Safety
Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY I. (Register 92, No. 43).
3. New subsections (d)-(d)(4) and subsection relettering filed 8-8-96; operative
8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2812.1. Compliance with Laws; Bid Requirements.
(a) Claimants must follow applicable state laws and regulations in pro-
curing consultant and contractor services and must ensure that such ser-
vices are obtained from qualified firms at a reasonable cost and that the
costs are necessary.
(b) Claimants must obtain at least three written competitive bids with
detailed cost estimates that include unit prices and quantities for correc-
tive action work contracted for on or after December 2, 1991, and to be
performed by licensed contractors within the meaning of Business and
Professions Code, division 3, chapter 9 (commencing with section 7000).
Claimants must obtain at least three written proposals with detailed cost
estimates that include unit prices and quantities for corrective action
work contracted for on or after December 2, 1991, and to be performed
by professional geologists within the meaning of Business and Profes-
sions Code, division 3, chapter 12.5 (commencing with section 7800) or
by professional engineers within the meaning of Business and Profes-
sions Code, division 3, chapter 7 (commencing with section 6700). The
requisite bids or proposals must conform to the workplans and corrective
action plans prepared pursuant to California Code of Regulations, title
23, division 3, chapter 16, article 11.
(c) Local governmental entities shall comply with applicable public
contract requirements including the requirements of Public Contract
Code, division 2, part 3 (commencing with section 20100).
(d) Claimants are not required to submit proposals or bids when they
initially file a claim, but the Fund will not normally reimburse claimants
for any work for which proposals or bids are required until the costs
claimed are supported by at least three proposals or bids. The Fund may
waive the three -bid or -proposal requirement if the Division fords that
the requirement is unnecessary, unreasonable, or impossible to comply
with under the circumstances pertaining to a particular claim.
(e) Where this chapter requires a claimant to submit proposals or bids,
the Board will limit reimbursement from the Fund to the amount of the
lowestproposal or bid submitted to the claimant for the work involved
unless:
(1) the Division determines justification exists for rejection of the low-
est proposal or bid; or
(2) the costs of the work involved are reasonable and necessary, and
the work involved was performed by or under the direction of profession -
Pro 0
Title 23 State Water Resources Control Board § 2811.4
(2) if the claimant is an operator, the dates during which the claimant
operated the underground storage tank or residential tank that is the sub-
ject of the claim, the person who owned the underground storage tank or
residential tank during such periods, including the person' s last known
correspondence address and telephone number, the name and address of
the current owner of the underground storage tank or residential tank in-
volved, and the priority class that would be appropriate for the current
owner if the owner were to file a claim against the Fund;
(3) if the claimant owns the site at which the underground storage tank
or residential tank that is the subject of the claim is located, the date on
which the claimant acquired the site, the person from whom the claimant
acquired the site, and if the site has been transferred, the date of sale and
the person who acquired the underground storage tank or residential
tank.
(4) the capacity of the underground storage tanks or residential tanks
located at the site and the substances that have been stored therein;
(5) the date on which the claimant first learned of the unauthorized re-
lease;
(6) the date on which any corrective action was initiated and the cur-
rent status of any corrective action in progress;
(7) if corrective action on the site is complete, the date on which such
action was completed; and
(8) a brief description of the corrective action which was undertaken;
(g) a statement of the priority class sought by the claimant and the fol-
lowing documentation to support assignment to that priority class:
(I) for Priority Class A, documentationshowing that the property on
which the residential tank is located was owner -occupied at the time of
the discovery of the unauthorized release (e.g., a property tax bill or autil-
ity bill);
(2) for Priority Class B, copies of the claimant's federal tax returns. If
the claimant is a city, county, or district, a copy of the Annual Report of
Financial Transactions as submitted to the State Controller's Office for
the latest fiscal year. If the claimant is a nonprofit organization, a copy
of the annual fiscal report filed with the Registry of Charitable Trust or
a copy of the federal tax records for the latest fiscal year;
(3) for Priority Class C, documentation identifying the number of full-
time and part-time employees (e.g., copy of an Employment Develop-
ment Department form DE6);
(h) a statement of the total amount of costs for which reimbursement
is sought;
(i) a certification that all corrective action costs claimed were incurred
for work performed after January 1, 1988;
(j) a certification that the claimant meets all applicable eligibility re-
quirements set forth in section 2811 of this chapter;
(k) an agreement by the claimant that the Board may conduct an audit
of any claim honored by the Board and that the claimant will reimburse
the Board for any disallowance of costs occasioned by such an audit. The
claimant must agree to retain all records pertaining to the claim for a peri-
od of at least three years after final payment by the Fund, and to provide
the records to the Board upon request. The three-year period shall be ex-
tended until the completion of any audit in progress; and
(1) any other information or supporting documentation reasonably re-
quired by the Division to determine the eligibility, reimbursable amount
due, or appropriate priority class of the claim.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37(a), (b) and (e), 25299.52(a)-(b), 25299.54(a)-(e), 25299.55,
25299.57(a), (b), (d) and (f), 25299.58(b)(1), (3) and (4) and 25299.59(c), Health
and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsections (j), (j)(3), (k), and (1) filed 12-27-94 as an emergen-
cy; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5
(commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Gov-
ernment Code, this section shall not be repealed by OAL and shall remain in ef-
fect until revised by the State Water Resources Control Board, pursuant to
Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section heading and subsection (e) filed 8 8-96; operative
8-8-96 pursuant to Government Code section 11343.4(d) (Register96, No.32).
5. Amendment of section heading, section and Nora filed 10-27-2000; operative
11-26-2000 (Register 2000, No. 43).
§ 2811.3. Claim Application Requirements; Third Party
Compensation Claims.
Claims for reimbursement of third party compensation costs shall con-
tain the following:
(a) the information described in section 2811.2, subdivisions (a)
through (h);
(b) a certification that the claimant meets all applicable eligibility re-
quirements set forth in section 2811 of this chapter;
(c) a certified or verified copy of the judgment, court -approved settle-
ment, or arbitration award pursuant to which the claimant seeks reim-
bursement;
(d) an agreement by the claimant that the Board may conduct an audit
of any claim honored by the Board and that the claimant will reimburse
the Board for any disallowance of costs occasioned by such an audit. The
claimant must also agree to retain all records pertaining to the claim for
a period of at least three years after final payment on the claim, and to
provide the records to the Board upon request. The three-year period
shall be extended until the completion of any audit in progress.
(e) any other information or supporting documentation reasonably re-
quired by the Division to determine the eligibility, reimbursable amount
due, and appropriate priority class of the claim.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37(a), (b) and (e), 25299.52(a)-(b), 25299.54(a)-(d), 25299.55,
25299.57(a), (b), (d) and (f), 25299.58 and 25299.59(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of section heading filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2811.4. Pre —Approval of Corrective Action Proposals or
Bids; Assistance with Contractor and
Consultant Selection.
(a) Where a claimant seeks pre -approval of a proposal or bid for pre-
paring a workplan or corrective action plan as specified in the California
Code of Regulations, title 23, division 3, chapter 16, article 11, the claim-
ant shall submit copies of all proposals or bids received for preparing the
workplan or corrective action plan.
(b) Where a claimant seeks pre -approval of corrective action propos-
als or bids for implementing a workplan or corrective action plan, the
claimant shall submit the following:
(1) a copy of the workplan or corrective action plan prepared as speci-
fied in the California Code of Regulations, title 23, division 3, chapter 16,
article 11;
(2) a copy of a letter or other written materials that demonstrate to the
Division's satisfaction that the appropriate regulatory agency has di-
rected that a workplan or corrective action plan be prepared, and that the
regulatory agency has concurred with the workplan or corrective action
plan;
(3) copies of all proposals or bids that the claimant received from con-
tractors or consultants for conducting the work specified in the workplan
or corrective action plan. If the claimant has obtained fewer than three
proposals or bids, the claimant must submit a written request that the Di-
vision waive the three bid requirement pursuant to section 2812.1 of this
chapter. The request must include an explanation as to why the three bid
requirement is unnecessary, unreasonable or impossible to comply with
under the circumstances pertaining to the claim; and
(4) other information the Division deems necessary.
(c) The Division shall approve or disapprove as reasonable and neces-
sary the proposals or bids submitted for 'preparing or implementing the
specified workplan or corrective action plan within 30 days after the date
on V.. al. ,n-77_7c,nn
2811.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
to section 25299.32 of the Health and Safety Code. The Division may
aive the requirements of this subdivision if the claimant can demon -
ate that the conditions specified in subdivisions (i-iv) .above were sa-
tisfied prior to the release resulting in contamination. That demonstration
nay be made through a certification issued by the permitting agency
sed on site and underground storage tank tests at the time of permit ap-
1 tcation, or in any other manner acceptable to the Division.
(3) The claimant has complied with any applicable financial responsi-
lity requirements.
(4) On or after January 1, 1988, the claimant was required to perform
. rrective action pursuant to Health and Safety Code, division 20, chap-
ter 6.7, Water Code, division 7, or section 25299.37 of the Health and
ety Code. If the claimant knew of the unauthorized release of petro-
um that is the subject of the claim before January 1, 1988, and failed
o initiate corrective action on or before June 30, 1988, then the claimant
may not file a claim against the Fund.
(5) Any corrective action performed before December 2, 1991, was
Mooned in accordance with Health and Safety Code, division 20 chap-
ter 6.7 and Water Code, division 7. Any corrective action performed on
or after December 2, 1991, was performed in accordance with California
.de of Regulations, title 23, division 3, chapter 16, article 11. Any cor-
ctive action performed was performed in accordance with the written
or oral directives of the appropriate regulatory agency. If oral directives
relied upon, the claimant shall provide a written statement from the
gulatory agency certifying that the directives were issued or other ven-
ation as may be acceptable to the Division.
(b) An owner or operator of a residential tank for which a permit is not
uired under section 25284 of the Health and Safety Code shall be en -
led to reimbursement for eligible corrective action, regulatory techni-
assistance, and third party compensation costs only if the conditions
set forth in subdivisions (a)(1) and (3) of this section are met, and if any
rrective action performed was required to be performed by the regula-
agency and was performed in accordance with the written or oral di-
•.tives of the regulatory agency, If oral directives are relied upon, the
aimant shall provide a written statement from the regulatory^ncy
ifyins that the directives were issued or shall provide such other ven-
ation as may be acceptable to the Division.
ATE: Authority cited; Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37(a)-(c), 25299.54, 25299.57 and 2529958, Health and Safety
HISTORY
ew section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
ditorial correction of printing errors in HISTORY I. (Register 92, No. 43).
.endment of subsections (a) and (a)(2), new subsections (a)(2)(A)-(C), and
.endment of subsections (b) and (c) filed 12-27-94 as an emergency; opera-
tive 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (comment-
+ g with section 11340) of Part 1 of Division 3 of Title 2 of the Government
ode, this section shall not be repeated by OAL and shall remain in effect until
vised by the State Water Resources Control Board, pursuant to Health and
afety Code section 25299.77, subdivision (b).
t. Editorial correction of subsection (c) (Register 96, No. 32).
ndment of subsections (a)(2)(B)(i) and (a)(2)(C) filed 8-8-96; operative
8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
mendment of section heading, section and Nom filed 10-27-2000; operative
11-26-2000 (Register 2000, No. 43).
11.1. Claim Priority Classes.
The Board win assign each acceptable claim to one of the following
nority classes:
1) Class A —Claims by owners of residential tanks as defined in ar-
2 of this chapter.
Class B—Claims by owners and operators of underground storage
.mks who meet the definition of a small business as defined in article 2
s chapter, and cities, counties, districts, and nonprofit organizations
ave total annual revenues of not more than $7,000,000. In determin-
e amount of a nonprofit organization's annual revenues, only those
venues directly attributable to the particular site which is the subject of
laim will be calculated.
(3) Class C—Claims by owners and operators of underground storage
tanks who own or operate a business that employs fewer than 500 full-
time and part-time employees, is independently owned and operated,
and is not dominant in its field of operation, and claims by cities, coun-
ties, districts, and nonprofit organizations that have less than 500 full-
time and part-time employees. In determining the number of employees
employed by a nonprofit organization, only those full-time and part-
time employees employed at the site that is the subject of the claim will
be calculated.
(4) Class D—Claims by all other owners and operators of underground
storage tanks.
(b) For purposes of assignment to a priority class, the Board will base
the priority of a claim on the lowest priority appropriate for any claimant,
including any joint claimant, the owners and operators at the time of dis-
covery of the unauthorized release, and the owners and operators at the
time of application to the Fund, unless the claimant can demonstrate to
the satisfaction of the Division that such treatment would be inconsistent
with the. priority scheme mandated by section 25299.52, subdivision (b)
of the Health and Safety Code.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections.25299.52(a)-(b) and 25299.54(e)(1)-(2), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY I. (Register 92, No. 43).
3. Amenglment.of subsections (a)(1)-(3) filed 12-27-94 as an emergency; opera-
tive 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commenc-
ing with section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, this section shall not be repealed by OAl, and shall remain in effect until.
revised by The State Water Resources Control Board, pursuant to Health and
Safety Code section 25299.77, subdivision (b).
4. Amendment of subsections (a)(2)-(3) filed 8-8-96; operative 8-8-96 pursuant
to Government Code section 11343.4(d) (Register 96, No, 32).
5. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2811.?. Claim Application Requirements; Claims For
Corrective Action Costs.
A claikn for reimbursement of corrective action costs shall contain the
following:
(a) the name of the claimant, a correspondence address, a telephone
number or numbers where the claimant can be contacted during normal
business hours, and a federal tax identification number or social security
number;
(b) if a joint claim is submitted by multiple owners and operators, the
name, correspondence address, telephone number or numbers, tax iden-
tification number or social security number of each claimant, and the
dates during which each claimant owned or operated the underground
storage tank or residential tank that is the subject of the claim;
(c) if the claimant designates arepresentative to be a co -payee for pay-
ment from the Fund, the name, address, and telephone number of the co -
payee;
(d) the site address or a description of the site where the underground
storage tank or residential tank that is the subject of the claim is located,
and a site map drawn to scale which includes a north arrow and distances
relative to the nearest public roads;
(e) any identification number assigned by a regulatory agency, and the
underground storage tank storage fee account number assigned by the
California Board of Equalization, if applicable;
(f) a brief description of the background of the claim, to the best of the
claimant's knowledge, including the following:
(1) if the claimant is an owner, the date on which the claimant acquired
the underground storage tank or residential tank that is the subject of the
claim, the person from whom the claimant acquired the underground
storage tank or residential tank and, if the underground storage tank or
residential tank has been transferred to another person, the date of trans-
fer and the person who acquired the underground storage tank orresiden-
tial tank;
Page 158.5
Reos.P,,floo N- ,
Title 23 State Water Resources Control Board § 2811
Fund for a cost attributable to an occurrence that commenced when a pre-
vious owner or operator had ownership or control over the underground
storage tank or residential tank.
(e) For purposes of subdivisions (c) and (d)(3), an owner or operator
may use one of the following to demonstrate that a cost is eligible for re-
imbursement from the Fund because the cost is attributable to an occur-
rence that commenced after an ineligible owner or operator ceased hav-
ing ownership of or control over the underground storage tank or
residential tank.
(1) A regulatory agency has issued a no further action letter for the site
after the previous, ineligible owner or operator ceased having ownership
of or control over the underground storage tank or residential tank.
(2) A person acquired the real property, underground storage tank, or
residential tank, or commenced operating at a site in reliance on an envi-
ronmental site assessment that concluded that petroleum contamination
was not an environmental concern at the site. For purposes of this subdi-
vision. an environmental site assessment must conform to the standards
set forth in subdivision (e)(4) of this section.
(3) After a person acquired the real property, underground storage
tank, or residential tank, or commenced operating at a site, an environ-
mental site assessment concluded that petroleum contamination was not
present at the site at the time of the assessment above regulatory action
levels. For purposes of this subdivision, an environmental site assess-
ment must conform to the standards set forth in subdivision (e)(4) of this
section.
(4) A person may rely only on an environmental site assessment that
conforms with all the standards of this subdivision (e)(4) to demonstrate
that a cost to be submitted to the Fund is not attributable to an occurrence
that commenced when aprior owner or operator had ownership of or con-
trol over an underground storage tank or residential tank.
(A) the person seeking to submit a claim to the Fund contracted with
the person conducting the environmental site assessment for preparation
of the site assessment;
(B) the environmental site assessment conforms to generally accepted
commercial practices or standards for due diligence;
(C) a professional geologist or professional engineer substantially
controls the environmental site assessment and signs the report of the en-
vironmental site assessment;
(D) the environmental site assessment concludes that petroleum con-
tamination is not an environmental concern because either:
(i) there is no evidence that there has been a release at the property; or
(ii) to the extent there has been a release at the property, a regulatory
agency has issued a written statement that no further action is required
for any release identified by the environmental site assessment; and
(E) in those circumstances in which the person preparing the environ-
mental site assessment determines that an underground storage tank or
residential tank is present or has been present on the site, the environmen-
tal site assessment includes sampling at locations that, in the engineer's
or geologist' s professional opinion, are most likely to have petroleum
contamination, but at a minimum, includes sampling and analysis of soil
for petroleum constituents at each of the following locations:
(i) underneath the underground storage tank or residential tank,
(ii) at least once for each twenty linear feet of trench for piping, and
(iii) beneath each dispenser island at the site.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.10, 25299.37(a)-(c), 25299.51(f) and (i), 25299.54, 25299.55,
25299.57 and 25299.58, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (a)(6) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall.'not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2810.2. Ineligibility of Cost Prior to January 1, 1988.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.55(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92. No. 43).
3. Repealer filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2810.3. Intentional or Reckless Acts; Ineligibility of
Costs.
No ; ,.. Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.61, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Repealer filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2811. Permitting and Other Eligibility Requirements.
(a) An owner or operator of an underground storage tank or a residen-
tial tank for which a permit is required under section 25284 of the Health
and Safety Code shall be entitled to reimbursement for eligible corrective
action, regulatory technical assistance, and third party compensation
costs if all of the following are met:
(1) There was an unauthorized release of petroleum from the under-
ground storage tank or residential tank.
(2) The claimant obtained or applied for any permit required by Health
and Safety Code, division 20, chapter q.7, if the underground storage
tank or residential tank that is the subject of the claim was installed on or
after January 1, 1990. If the underground storage tank or residential tank
that is the subject of the claim was installed before January 1, 1990, then
the claimant must have obtained any permit required by Health and Safe-
ty Code, division 20, chapter 6.7, of filed a substantially complete ap-
plication for any required permit before January 1, 1990. If the under-
ground storage tank or residential tank that is the subject of the claim was
installed before January 1, 1990, and the claimant did not obtain or file
for a permit as required, then the claimant may obtain a waiver of the per-
mit requirement as set forth in subdivisions (A) and (B) below.
(A) For claims filed prior to January 1, 1994, a claimant may obtain
a waiver of the peanut requirement if the claimant demonstrates to the sat-
isfaction of the Division that obtaining or applying for a permit as re-
quired was beyond the reasonable control of the claimant, or that under
the circumstances of the particular case, it would be unreasonable or in-
equitable to impose the permit requirement. Any claimant who obtains
a waiver of the permit requirement pursuant to this subdivision shall pur-
sue with reasonable diligence and obtain any permit required by Health
and Safety Code, division 20, chapter 6.7.
(B) For claims filed on or after January 1, 1994, a claimant may obtain
a waiver of the permit requirement if the claimant demonstrates all of the
following to the satisfaction of the Division:
(i) The claimant was unaware of the permit requirement before Janu-
ary 1, 1990, and the claimant did not intentionally avoid the requirement
or associated fees at any time.
(ii) Prior to filing a claim, the claimant complied with the financial re-
sponsibility requirements set forth in section 25299.31 of the Health and
Safety Code.
(iii) Prior to filing a claim, the claimant paid for and obtained any cur-
rently required permit.
(iv) Prior to filing a claim, the claimant paid all currently due storage
fees imposed pursuant to section 25299.41 of the Health and Safety
Code, and all prior fees due on and after January 1, 1991.
(C) A claimant to whom the Division grants a waiver pursuant to sub-
division (B) shall obtain a level of financial responsibility twice as great
as the amount which the claimant is otherwise required to obtain pursuant
Pace 15R.5
§ 2809.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 2809.1. Recordkeeping.
(a) Owners and operators must maintain evidence of all mechanisms
used to demonstrate financial responsibility in accordance with the pro-
visions of this article until the provisions of this article no longer require
such maintenance. Such evidence must be maintained at the underground
storage tank site or sites or the owner or operator's place of business.
(b) Evidence of all mechanisms used, other than a chief financial offi-
cer' s letter utilized pursuant to subdivision (c) of section 2808.1, shall be
y.. aintained in accordance with the requirements of the Federal Act. A
opy of any chief financial officer's letter used pursuant to subdivision
c) of section 2808.1 must be maintained on file at the underground stor-
age tank site(s) or the owner or operator's place of business within 5 days
er execution of the letter. The copy of such letter shall be maintained
o long as the owner or operator continues to use the letter to demonstrate
financial responsibility and must be maintained in addition to the certifi-
cation provided for in subdivision (c) of this section.
(c) An owner or operator using a mechanism allowed by this article
ust maintain an updated copy of a certification of financial responsibil-
ity worded as follows, except that instructions in brackets are to be re-
placed with the relevant information and the brackets deleted:
CER 11t^ICATION OF FEVANCIAL RESPONSIBILITY
[Owner or operator] hereby certifies that [owner or operator] is in
compliance with the requirements of section 2807, article 3, chapter 18,
division 3, title 23, California Code of Regulations.
The mechanisms used to demonstrate financial responsibility as re-
uired by section 2807 are as follows:
[List the facility and address, each type of mechanism, name of issuer,
echanism number (if applicable), amount of coverage, effective period
f coverage, and whether the mechanism covers taking corrective action
d/or compensating third parties for bodily injury and property damage]
[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]
The owner or operator must update this certification whenever the
mechanisms used to demonstrate financial responsibility change.
OTE: Authority cited: Section 25299.77, Health and Safety Code. Reference.
ctions 25299.31 and 25299.33, Health and Safety Code.
HISTORY
1. New section fled 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299,77
(Register 92, No. 9).
Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
809.2. Additional Financial Information.
The Division or an appropriate regulatory agency may require an own-
er or operator to submit evidence of financial responsibility or other ill-
ation relevant to compliance with this article at any time.
ATE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
i
ttions 2529931 and 25299.33, Health and Safety Code.
HISTORY
ew section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
effect uninterrupted pursuant to Health and Safety Code section 25299.77
egister 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1, (Register 92, No. 43).
• endment of section and NOTE filed 10-27-2000; operative 11-26-2000
egister 2000, No. 43).
Article 4. The Fund
j
10. Types of Claims Permitted,
(a) A claimant may submit the following types of claims against the
und:
(I) a claim for reimbursement of corrective action costs incurred for
work performed on or after January 1, 1988;
(2) a claim for reimbursement of third party compensation costs;
(3) a claim for regulatory technical assistance costs incurred for work
performed on or after January 1, 1997; or;
(4) any combination of the foregoing claims.
(b) A claimant may submit only one claim per cost. A claimant must
submit a separate claim for each occurrence. Multiple owners and opera-
tors of a site may submit joint claims.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.51(f) and (i), 25299.54(a), 25299.55(c), 25299.57 and 25299.58,
Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Cede section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of section and Nom filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2810.1. Eligible Claimants.
(a) Only a current or former owner or operator of an underground stor-
age tank or residential tank who has paid or will pay for the costs being
claimed may file a claim against the Fund, In order to file a claim for third
party compensation costs, the owner or operator must be eligible to file
a claim for corrective action costs for the site at which the unauthorized
release occurred, and the judgment, arbitration award, or settlement must
have been entered or approved after January 1, 1988.
(b) Notwithstanding subdivision (a), aperson who owns a site may file
a claim against the Fund if:
(1) an unauthorized release requiring corrective action previously oc-
curred at the site;
(2) the site was the subject of completed corrective action;
(3) as a result of the corrective action identified in subdivisions (b)(1)
and (b)(2), a regulatory agency issued a closure letter stating that no fur-
ther action was required at the site;
(4) the person who completed the corrective action identified in subdi-
visions (b)(1) and (b)(2) was eligible for reimbursement from the Fund
and filed a claim with the Fund;
(5) reimbursements by the Fund for earlier claims at the site did not
exceed the amount of reimbursement authorized by section 2808.2, sub-
division (b) of this chapter; and
(6) a regulatory agency requires additional corrective action at the site
due to additionally discovered contamination from the previous unautho-
rized release.
(c) Purchasers of real property or persons who otherwise acquire real
property on which an underground storage tank or residential tank is si-
tuated may not receive reimbursement from the Fund for a cost attribut-
able to an occurrence that commenced prior to acquisition of the real
property if:
(I) the purchaser or acquirer lcnew or in the exercise of reasonable dili-
gence would have discovered that an underground storage tank or resi-
dential tank was located on the real property being acquired; and
(2) any person who owned the site or owned or operated an under-
ground storage tank or residential tank at the site prior to acquisition by
the purchaser or acquirer would not have been eligible for reimbursement
from the Fund.
(d)(1) If an owner of an underground storage tank or residential tank
is ineligible to file a claim against the Fund, the operator at the time of
the act or omission causing the owner' s ineligibility is also ineligible to
file a claim for the site.
(2) If an operator of an underground storage tank or residential tank is
ineligible to file a claim against the Fund, the owner at the time of the act
or omission causing the operator's ineligibility is also ineligible to file a
claim for the site.
(3) If a previous owner or operator of an underground storage tank or
residential tank is ineligible to file a claim against the Fund, the current
owner and the current operator may not receive reimbursement from the
Page 158.4
Title 23 State Water Resources Control Board § 2809
4. Tangible net worth (subtract line 3 from line 2. Line 4 must be at
least 10 times line 1) $
I hereby certify that the wording of this letter is identical to the wording
specified in section 2808.1, subdivision (c)(1), chapter 18, division 3,
title 23 of the California Code of Regulations.
I declare under penalty of perjury that the foregoing is true and correct
to the best of my knowledge and belief. Executed at [insert: place of ex-
ecution] on [insert: date].
[Signature]
[Name]
[Title]
(2) the letter must be signed by the date on which the owner or operator
commences use of the alternative allowed by this subdivision and the let-
ter must be renewed within 150 days after the close of each subsequent
fiscal year so long as the owner or operator continues to use this alterna-
tive to demonstrate financial responsibility.
(d) If an owner or operator using the alternative provided by subdivi-
sion (c) of this section no longer meets applicable tangible net worth re-
quirements based on the net worth of the owner or operator as of the close
of the latest completed fiscal year used by the owner or operator, the own-
er or operator must demonstrate the required financial responsibility by
an acceptable alternate mechanism within 150 days of the close of such
fiscal year.
(e) The Division or any appropriate regulatory agency may require re-
ports of financial condition at any time from an owner or operator. If the
Division or regulatory agency finds, on the basis of such reports or other
information, that the owner or operator no longer meets the applicable
tangible net worth requirements, the owner or operator must demonstrate
the required financial responsibility by an acceptable mechanism within
30 days after notification of such finding.
(f) If an owner or operator subject to the requirements of subdivisions
(d) and (e) of this section cannot demonstrate the required financial re-
sponsibility called for by these subdivisions within the time frames stated
therein, the owner or operator must notify the Division and any appropri-
ate regulatory agencies within 10 days after expiration of the time frames
indicated in subdivisions (d) and (e).
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.31, 25299.32, 25299.33 and 25299.58(d), Health and Safety
Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction deleting duplicate text following HISTORY 1. (Register 92,
No. 21).
3. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
4. Amendment of subsections (a)(1), (c), and (d)(1) filed 12-27-94 as an emergen-
cy; operative 12-27-94 (Register 94, No, 52), Notwithstanding Chapter 3.5
(commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Gov-
ernment Code, this section shall not be repealed by OAL and shall remain in ef-
fect until revised by the State Water Resources Control Board, pursuant to
Health and Safety Code section 25299.77, subdivision (b).
5. Repealer and new subsection (a)(1) filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
6. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2808.2. Fund Coverage.
(a) An owner or operator using the Fund to demonstrate financial re-
sponsibility shall be liable for all costs of corrective action, third party
compensation, and regulatory technical assistance.
(b) Provided that an owner or operator is in compliance with applica-
ble financial responsibility requirements and meets all requirements for
payment from the Fund, and subject to the availability of funds, the Fund
will reimburse the owner or operator as follows:
(1) for the reasonable and necessary cost of corrective action, third
party compensation, and regulatory technical assistance incurred by the
owner or operator up to an amount not to exceed $1,000,000 for each oc-
currence, less the applicable financial responsibility limits set forth in
section 2808.1, subdivision (a)(1) of this chapter; and
(2) after the Fund has reimbursed an owner or operator the maximum
amount specified in subdivision (b)(1) of this section, up to an additional
$500,000 for each occurrence for the reasonable and necessary cost of
corrective action and regulatory technical assistance in excess of the
amount specified in subdivision (b)(1) of this section.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.32, 25299.57(a), (d) and (j), 25299.58, 25299.59(b), 25299.60 and
25299.81(c)(1), Health and Safety Code,
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Repealer of former section 2808.2 and renumbering of former section 2808.3
to section 2808.2, including amendment of section and NOTE, filed
10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2808.3. Fund Coverage.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.32(a), 25299.57(a) and (d), 25299.58, 25299.59(e) and 25299.77,
Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. New subsection (b) and subsectionrelettering, amendment of newly designated
subsection (c), new subsection (d) and subsection relettering, and amendment
of newly designated subsection (e) filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
5. Renumbering of section 2808.3 to section 2808.2 filed 10-27-2000; operative
11-26-2000 (Register 2000, No. 43).
§ 2809. Reporting by Owner or Operator.
(a) An owner or operator shall notify the appropriate regulatory
agency, in writing, of compliance with the financial requirements of this
article within 45 days of the appropriate date specified in section 2806.1.
An owner or operator shall notify the appropriate regulatory agency of
compliance with financial responsibility when applying for an initial per-
mit to operate a new underground storage tank containing petroleum.
Thereafter, at the time of permit renewal, an owner or operator shall
notify the appropriate regulatory agency of continued compliance with
the requirements of this article.
(b) An owner or operator must submit a copy of the financial responsi-
bility mechanism or mechanisms being used by the owner or operator,
and otherwise document current compliance with financial responsibil-
ity requirements, upon request of the appropriate regulatory agency un-
der any of the following conditions:
(1) within 30 days after the owner or operator identifies an unautho-
rized release of petroleum which is required to be reported under the Cali-
fornia Code of Regulations, title 23, division 3, chapter 16, article 5; or
(2) as required by the Federal Act.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.31 and 25299.33, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43),
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repeaiedby OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and NoTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
Page 158.3
Register 2000. No. 43; 10-27-2000
2806.2
BARCLAYS CALIFORNIA CODE -OF REGULATIONS
Title 23
3. Amendment of subsection (a)(4), new subsections (a)(5) and (a)(6), and repealer
and new subsection (b) filed 12-27-94 as an emergency; operative 12-27-94
(Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section
shall not be repealed by GAL and shall remain in effect until revised by the State
Water Resources Control Board, pursuant to Health and Safety Code section
25299.77, subdivision (b).
Amendment of subsection (a)(6) filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No, 43),
806.2. Demonstration of Compliance with Financial
Responsibility Requirements by Owners and
Operators.
If the owner and operator are separate persons, either the owner or op-
ator shall demonstrate compliance with financial responsibility re-
quirements. However, both the owner and operator are responsible for
` surfing that applicable financial responsibility requirements are met.
TE: Authority cited: Section 25299.77, Health and Safety Code, Reference:
ctions 25299.30 and 25299.31, Health and Safety Code.
HISTORY
ew section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
807. Required Financial Responsibility Amounts.
(a) Owners or operators must demonstrate financial responsibility in
amounts required by the Federal Act. Currently the federally required
nimum amounts are:
(1) $1 million per occurrence for owners and operators of underground
storage tanks either located at a petroleum marketing facility or which
dle an average of more than 10,000 gallons of petroleum per month
ed on annual throughput for the previous calendar year; or
(2) $500,000 per occurrence for all owners or operators not included
in the preceding subdivision; and
3) $1 million annual aggregate coverage for owners or operators of
100 underground storage tanks; or
:4) S2 million annual aggregate coverage for owners or operators of
_ 1 or more underground storage tanks
.) The amounts of assurance required under this section exclude legal
ense cost as defined in 40 Code of Federal Regulations, section
280.92.
c) The required per occurrence and annual aggregate coverage
+unts do not in any way limit the liability of the owner or operator.
Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.30 and 25299.32, Health and Safety Code.
HISTORY
ew section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
effect uninterrupted pursuant to Health and Safety Code section 25299.77
egister 92, No. 9).
Editorial correction of printing errors in HISTORY I. (Register 92, No. 43).
..endment of section and Nora filed 10-27-2000; operative 11-26-2000
egister 2000, No. 43).
2808. Demonstration of Financial Responsibility
Through Compliance with Federal
Requirements.
wners or operators may fulfill federal financial responsibility re-
sirements in the manner and through the mechanisms authorized by the
. moral Act. Owners or operators who choose to fulfIlI financial respon-
ity requirements through a mechanism other than the Fund must
t all applicable conditions and requirements, and are subject to all
plicable provisions contained in the Federal Act.
: Authority cited: Section 25299.77, Health and Safety Code. Reference:
ons 25299.30 and 25299.33, Health and Safety Code,
HISTORY
New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
gister 92, No. 9).
toriat correction of printing errors in HISTORY 1. (Register 92, No. 43).
inendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2808.1. Use of Fund to Meet Financial Responsibility
Requirements.
(a) As an alternative to, or in conjunction with, demonstration of finan-
cial responsibility in the manner and through use of other mechanisms
authorized by the Federal Act, an owner or operator may demonstrate fi-
nancial responsibility of up to $1 million through use of the Fund. In or-
der to use the Fund as a basis for demonstration of financial responsibility
for taking corrective action and for compensating third parties for bodily
injury and property damage, an owner or operator must at all times:
(1) demonstrate financial responsibility of at least the following
amount per occurrence and per annual aggregate coverage exclusive of
the Fund:
Claim Priority Class Financial Responsibility
Pursuant to Section 2811.1 Amount
Priqrity Class A
Priority Class B
Pridrity Class C
Pridrity Class D
S-0-
$ 5,000
$ 5,000
$10, 000
If a waiver is granted pursuant to section 2811, subdivision (a)(2)(B),
demonstrate financial responsibility of at least twice the above amounts
per occurrence and per annual aggregate coverage, exclusive of the Fund.
(2) deettonstrate financial responsibility for an additional $1 million,
exclusive•of the Fund if the owner or operator is required to comply with
the provisions of section 2807, subdivision (a)(4); and
(3) maintain eligibility to participate in the Fund.
(b) An owner or operator may demonstrate the financial responsibility
required by subdivisions (a)(1) and (2) of this section through the use of
any of the mechanisms authorized by the Federal Act, or through the use
of any mecha4sm specified and approved by the Board. Owners and op-
erators who choose to fulfill financial responsibility requirements in this
manner must meet all applicable conditions and requirements, and are
subject to all applicable provisions, indicated in the Federal Act.
(c) As an alternative to the mechanisms indicated in subdivision (b) of
this sect in, an owner or operator may demonstrate compliance with
applicable financial responsibility requirements by demonstration of a
tangible net worth of ten times the required minimum applicable annual
aggregate coverage required under or pursuant to subdivision (a)(1) of
this section. The tangible net worth amount must be calculated on the ba-
sis of current market value of tangible assets and must reflect the tangible
net worth of the owner or operator as of the close of the latest completed
fiscal year used by the owner or operator. In order to utilize the alternative
specified in this subdivision, the owner or operator shall ensure that both
of the following occur:
(I) the chief financial officer or the owner or operator must sign, under
penalty of perjury, a letter worded exactly as follows, except that the in-
structions in brackets are to be replaced by the relevant information and
the brackets deleted:
LETTER FROM CHIEF FINANCIAL OHY10ER
I am the chief financial officer for [insert: business name, business ad-
dress and correspondence address of the owner or operator]. This letter
is in support of the use of the Underground Storage Tank Cleanup Fund
to demonstrate financial responsibility for taking corrective action and/
or compensating third parties for bodily injury and property damage
caused by an unauthorized release of petroleum in the amount of at least
[insert: dollar amount] per occurrence and [insert: dollar amount] annual
aggregate coverage.
Underground .storage tanks at, the following facilities are assured by
this letter: [insert: the name and address of each facility where the under-
ground storage tanks for which financial responsibility is being demon-
strated are located].
1. Amount of annual aggregate coverage being assured by this
letter $
2. Total tangible assets
3. Total liabilities
Page 15$ 2
Title 23 State Water Resources Control Board § 2806.1
"Tangible net worth" means the tangible assets that remain after de-
ducting liabilities. Such assets do not include intangibles such as good
will and rights in patents or royalties.
"Third party" means a person other than an owner of the real property,
or an owner or operator of the underground storage tank or residential
tank that is the subject of a claim. The term does not include current or
former tenants or landlords of the site.
"Third party compensation" means compensation an owner or opera-
tor is legally obligated to pay a third party, whether or not the owner or
operator receives reimbursement from the fund, for bodily injury or prop-
erty damage to the third party resulting from an unauthorized release of
petroleum from an underground storage tank or residential tank. Com-
pensation must be made pursuant to a court -approved settlement, a final
judgment other than a default judgment, or an arbitration award by a
court -appointed arbitrator as a result of proceedings conducted in accor-
dance with the Code of Civil Procedure, part 3, title 9 (commencing with
section 1280), imposing liability on the owner or operator for costs eligi-
ble for reimbursement as set forth in section 2812.2, subdivision (f) of
this chapter.
"Unauthorized release" means any release that does not conform to
Health and Safety Code, division 20, chapter 6.7 (commencing with sec-
tion 25280), whether the release is from a residential tank or a petroleum
underground storage tank, unless the release is authorized by the Board
or a regional board pursuant to Water Code, division 7 (commencing
with section 13000).
"Underground storage tank" means an underground storage tank as
defined in Health and Safety Code section 25281, subdivision (x), except
that "underground storage tank" means only those underground storage
tanks that are defined as petroleum underground storage tanks under the
Federal Act. "Underground storage tank" does not include any structures
specifically exempted under California Code of Regulations, title 23,
section 2621.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25281, 25299.11-25299.25, 25299.31, 25299.37, 25299.52,
25299.54(e)(1)-(2), 25299.55, 25299.57, 25299.58 and 25299.61, Health and
Safety Code; and 40 Code of Federal Regulations Section 280.12.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Editorial correction of printing errorrestoring article 2 heading (Register 93, No.
22).
4. Amendment adding definitions for "Annual revenue," "Environmental ser-
vices," "General purpose revenues" and "Non profit organization," and amend-
ing definitions for "Designated representative," "Facility," "Residential Tank "
"Small business," "Third party" and "Underground storage tank" filed
12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Not-
withstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Divi-
sion 3 of Title 2 of the Government Code, this section shall not be repealed by
OAL and shall remain in effect until revised by the State Water Resources Con-
trol Board, pursuant to Health and Safety Code section 25299.77, subdivision
(b).
5. Amendment of definition "Annual review" and new defnidon "Reimbursement
Request' filed 8-8-96; operative 8-8-96 pursuant to Government Code section
11343.4(d) (Register 96, No. 32):
6. Amendment of section and NoTe filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
Article 3. Financial Responsibility
Requirements
§ 2805. Applicability.
(a) This article applies to all owners and operators of underground
storage tanks containing petroleum who, pursuant to the Federal Act, are
required to demonstrate financial responsibility to take corrective action
and compensate third parties for bodily injury and property damage
caused by accidental releases of petroleum. Owners and operators who
are not required to demonstrate financial responsibility by the Federal
Act are not subject to the requirements of this article.
(b) Current federal financial responsibility requirements are contained
in 40 Code of Federal Regulations, part 280 and are incorporated herein
by reference.
Nvrr.: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2806. General Responsibility to Meet Federal
Requirements.
(a) All owners and operators subject to this article are required to dem-
onstrate financial responsibility in the amounts and at the times required
by the Federal Act. When owners and operators are no longer required
to demonstrate financial responsibility by the Federal Act, they are no
longer required to demonstrate financial responsibility by this article.
(b) An owner or operator is no longer required to demonstrate financial
responsibilitypr maintain evidence thereof for any undo . ;round storage
tank that has been permanently closed or, if corrective ac.. on is required,
after the corrective action has been completed and the unu irground stor-
age tank has been permanently closed in accordance with the applicable
provisions of Health and Safety Code section 25298, the California Code
of Regulations, title 23, division 3, chapter 16, article 7, and applicable
local requirements.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43),
3. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2806.1. Current Federal Compliance Dates.
(a) Owners and operators must comply with federal financial responsi-
bility requirements by the date or dates specified in the Federal Act. The
compliance date is determined by the characteristics of the owner as set
forth in 40 Code of Federal Regulations, section 280.91. Currently the
applicable federal compliance dates are:
(1) January 24, 1989 for all petroleum marketing firms owning 1,000
or more underground storage tanks and all other underground storage
tank owners who report a tangible net worth of $20 million or more to the
U.S. Securities and Exchange Commission (SEC), Dun and Bradstreet,
the Energy Information Administration, or the Rural Electrification Ad-
ministration;
(2) October 26, 1989 for all petroleum marketing firms owning
100-999 underground storage tanks;
(3) April 26, 1991 for all petroleum marketing firms owning 13--99 +in-
derground storage tanks at more than one facility;
(4) December 31, 1993 for all petroleum underground storage tank
owners or operators not described in subdivisions (1) through (3) of this
section, excluding local governmental entities;
(5) Febniary 18, 1994 for local governmental entities; and
(6) December 31, 1998 for federally recognized Indian tribes that own
underground storage tanks on Indian lands if those underground storage
tanks comply with all current technical requirements, such as leak detec-
tion requirements.
(b) Federal and state agencies are not subject to financial responsibility
requirements.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.7,
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
Page 15R.1
ReTzt=-?nnp, No. 4S: 10-27-2000
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CONFIDENTIAL AND PRIVILEGED
NOT TO BE DISCLOSED TO NON -CLIENT PARTIES
Copyright 2004 Environmental Business Solutions
March 19, 2004
Proposal Number. 01801203.04
Exhibit 04
Mr. Albert Griego
City of National City
Engineering Department
1243 National City Boulevard
National City, CA 92121
RE: Proposal to Provide Cleanup Fund Assistance and Prepare
Reimbursement requests to the State Water Resources Control Board
(SWRCB) Underground Storage Tank Cleanup Fund (FUND) Regarding
the Unauthorized Release from the Underground Storage Tanks (USTs)
Located at 2100 Hoover Avenue, National City (Site).
DEH Case #: H05081-001
Dear Mr. Griego:
Environmental Business Solutions (EBS) is pleased to submit this proposal to
perform assessment activities at the above -referenced Site pursuant to the
requirements of the DEH.
BACKGROUND
The Site is located on the northwest corner of 22' Street and Hoover Avenue
at 2100 Hoover Avenue, National City. It is currently occupied by the City
of National City Public Works Yard.
Based on review of previous reports, the Site was reported to have six
underground storage tanks (USTs) used to store regular gasoline, diesel fuel,
motor oil, waste oil, and lubricating oil. These tanks were reportedly
installed by the City of National City (CITY) in 1975.
According to a Client memo, at a Council meeting on January 7, 1986, it was
reported that the Client awarded a contract to Ken Hekimian &Associates to
test all Underground Storage Tanks (USTs) containing hazardous materials
(gasoline, diesel, lubricating oil, waste engine oil) that belonged to the City,
in accordance with State law.
ww v.ebsenvironmental.cDm
City of National City Proposal
Proposal Number: 11801203.04 Page 2 of 8
March 19, 2004 Environmental Business Solutions
The reported conclusions of this testing stated that the tanks at the Site were certified
as "not leaking".
On August 13, 1986 the client issued a Request for Proposal (RFP), seeking design
services to provide the construction plans and specifications for removal, abandonment,
and replacement of the USTs on site. On November 17, 1986 Woodward -Clyde
Consultants (WCC) issued a proposal in response to the above- mentioned RFP and
included the request by the Client to replace existing tanks with one double -walled
15,000-gallon gasoline UST and one double -walled 5,000-gallon diesel UST to meet the
new California requirements for USTs and piping for storage of hazardous materials
underground. (Information regarding the USTs is discussed later in the Proposal).
In a report dated January 14, 1987 WCC reported that on December 30, 1986 they had
advanced a boring in soil adjacent to the USTs behind the Public Works Department
Administration Building. Two soil samples and two water samples were reported to
have been collected but only one of each was analyzed. It was reported that the soil
sample analysis revealed the presence of benzene at concentrations of 1.1 miligrams per
kilograms (mg/kg), ethylbenzene at concentrations of 0.9 mg/kg, and total xylenes at
concentrations of 5.5 mg/kg. By summing the concentrations of all gasoline
constituents in the tested sample, WCC estimated that the gasoline concentration in the
tested sample was approximately 12 mg/kg. It was reported that the water sample was
found to contain 3.8 miligrams per liter (mg/L) of benzene, 0.2 mg/L of toluene and 0.6
mg/L of xylenes. On January 23, 1987, the DEH issued an unauthorized release letter
(DEH case #H05081-001) in reference to the laboratory data submitted by WCC in the
January 14 report.
On February 11, 1987 a proposal was prepared by WCC to advance three monitoring
wells to a depth of 10 to 20 feet below ground surface, to sample and analyze the soil
above the water table, and to evaluate the potential need for remediation. On May 4,
1987 it was reported that three groundwater monitoring wells were installed and analysis
of the soil and water was performed. It was reported that a soil sample from monitoring
well MW-1 had a total lead concentration of 5.9 mg/kg. The concentrations of total
petroleum hydrocarbons (TPH) ranged from 3 mg/kg in a soil sample from MW-1 to 744
mg/kg in a soil sample from MW-2. Total benzene, toluene, and xylene concentrations
ranged from less than detectable concentrations in soil samples from MW-3 to 706
mg/kg in soil sample from MW-2. TPH were reported in the groundwater at
concentrations of 8.9 mg/kg in MW-1 and 0.73 mg/kg in MW-2. In a letter from the
DEH dated August 31, 1987, the DEH required that a groundwater monitoring program
be implemented and consist of "1) physical monitoring for any free product
accumulation in the existing wells and a record of observations shall be maintained
quarterly, 2) BTX analysis of groundwater samples from all three wells shall be
submitted to this office annually, 3) a written report summarizing items one and two
City of National City Proposal
Proposal Number 11801203.04 Page 3 of 8
March 19, 2004 Environmental Business Solutions
shall be submitted to this (DEH) office annually." It also stated that the monitoring
requirements would be reevaluated in two years. WCC performed quarterly
observations at the Site with no major fluctuations in benzene values.
Based on the HMMD file review (H05081-001), it was reported that a 500-gallon waste
oil UST and a 500-gallon lubricating oil UST were removed on August 22, 1988. In
addition, it was reported that William Reynolds installed two double -walled USTs (a
15,000-gallon UST for gasoline and a 5,000-gallon UST for diesel) on September 21,
1988. On February 16, 1989 four USTs (a 10,000-gallon gasoline, a 3,000-gallon
gasoline, a 3,000-gallon diesel, and a 500-gallon lubricating oil) were abandoned and
slurry -filled on Site under DEH directive. Reported DEH conditions to the approved
abandonment were monthly (in-house) monitoring of monitoring wells for the physical
presence of free product and the analysis of groundwater samples from the wells in
accordance with EPA Method 602 to be submitted to the DEH within six months. In
1989, the Client changed consulting firms from WCC to American Engineering
Laboratories, Inc. (AEL) which took over the groundwater monitoring and sampling.
In an update letter from the DEH dated October 19, 1989, the DEH stated that the
Regional Water Quality Control Board (RWQCB) requested water samples and analysis
for benzene, toluene, ethylbenzene, and xylenes (BTEX) using EPA Method 8020/ or
602 be performed quarterly. Numerous groundwater monitoring and sampling events
were reported to have been conducted between 1989 and 2000.
In the most recent groundwater monitoring reports, the results of a sampling event
conducted on September 6, 2000 by Geocon were reported. Groundwater samples were
reported to have been analyzed for total petroleum hydrocarbons as gasoline (TPHg) and
diesel (TPHd), and for BTEX, methyl tertiary butyl ether (MTBE), di -isopropyl ether
(DIPE), tertiary amyl methyl ether (TAME), ethyl tertiary butyl ether (ETBE), and
tertiary butyl alcohol (TBA). The detectable concentration of TPHg in monitoring well
MW-1 was reported to have been 1,900 micrograms per liter (pg/L). It was reported that
MW-1 had detectable concentrations of benzene (2,540 pg/L) and of ethylbenzene (110
p.g/L). It was reported that concentrations of MTBE were detected in MW-1 (200 pg/L)
and in MW-2 (31 pg/L). It was reported that MW-1 had detectable concentrations of
DIPE (40 pg/L), TAME (40 pg/L), ETBE (40 pg/L), and TBA (100 }tg/L). With the
exception of MW-1, there were reported to have been no detectable concentrations of
TPHg, BTEX, DIPE, TAME, ETBE, and I'BA in the groundwater samples. It was
reported that MW-3 had no detectable concentrations of MTBE.
Based on the results of this groundwater sampling event, Geocon recommended that the
Site be granted regulatory closure with "no further action required". In a letter dated
Report prepared by Geocon Environmental Consultants, Inc. September 14, 2000
City of National City Proposal
Proposal Number: 11801203.04 Page 4 of 8
March 19, 2004 Environmental Business Solutions
May 1, 2001 the DEH did not concur with the conclusions of Geocon, and stated that
"there is lack of delineation of the extent of groundwater contamination in the
downgradient direction. Also, a strong case for a decreasing concentration trend for
TPH and benzene cannot be made, as increases were observed in the last sampling
round." The DEH requested "that a minimum of one additional groundwater monitoring
well be installed and sampled northwest of the former tanks (between the former tanks
and the creek). If the groundwater data from the new well indicates that there is
sufficient protection of the nearby creek, site closure will be considered." In the
referenced letter, the DEH required "an additional two rounds of ground water
sampling."
At your request, per the confusion with the payment agreement with the Community
Development Commission of national City (CDC) and in accordance with the Fund,
we have prepared this proposal to assist in the preparation of reimbursement requests
to the Cleanup Fund and continued liaison with the Cleanup Fund and CITY.
SCOPE OF SERVICES
The CITY has a current Letter of Commitment (LOC), EBS will prepare a requests for
reimbursement of corrective action costs for submittal to the FUND. The following
tasks may be required to accomplish the proposed scope of work:
• As many as three meetings with the client to explain Cleanup Fund procedures,
status, and assist with the compilation of documents;
• Prepare bid requests and specifications, and submit and secure pre -approval of
investigative and corrective action costs;
Review documents (invoices, canceled checks, and other relevant
documentation) provided by the Client. This includes follow-up with
subcontractors to attempt to secure backup for invoices;
• Organize all invoices and canceled checks; and
Prepare a spreadsheet and appropriate supporting documentation summarizing
and supporting the project costs and submit a request for reimbursement to the
FUND.
Estimated Budget
Based on our experience with the FUND, we anticipate that the costs for the initial
reimbursement request will be approximately will be approximately $6,000.00 (See the
City of National City Proposal
Proposal Number: 11801203.04 Page 5 of 8
March 19, 2004 Environmental Business Solutions
attached letter from the FUND). This estimate includes up to three client meetings prior
to the reimbursement request submittal. Each subsequent reimbursement request will
be approximately $1,000.00. The estimated costs to perform the work as described
above include EBS labor costs and copying costs and will be billed on a time -and -
materials basis in accordance with the attached Schedule of Rates, Conditions of
Service, and Consulting Agreement between EBS and the Client.
ESTIMATED BUDGET AND SCHEDULE
The EBS team stands ready to begin this project immediately upon receipt of the signed
contract. Please note, EBS has no way of knowing how quickly the DEH will review
and issue a "No Further Action" Letter; therefore, the end date is contingent on Site
Closure. Tables showing the project timeline and a cost breakdown are presented
below.
Proiect Timeline
Estimated Start Date
April 1, 2004
Week 1-2
First meeting of Task I held, commence
preparation of reimbursement request
Week 3-6
Research accounting records and meet
with the City of National City
Accounting Department
Week 7
Compile Invoices and technical
Information
Week 8
Finalize reimbursement request and
submit to the Cleanup Fund
Cleanup Fund approves claim application
Estimated Reimbursement Date
Approximately 90 days after request is
submitted to the Cleanup Fund
Estimated End Date
Is contingent on Site closure
City of National City
Proposal Number: 11801203.04
March 19, 2004
Proposal
Page 6 of 8
Environmental Business Solutions
Estimated Costs
Task
Description of Activity
Unit Cost
Total Cost
I
EBS labor (Prepare reimbursement request and client meetings )
NA
$5,850.00
Claim application copying costs
NA
$150.00
Subtotal
NA
$6,000.00
TOTAL
$6,000.00
THE TOTAL TIME AND MATERIALS COST FOR THE SITE ASSESSMENT
ACTIVITIES DESCRIBED HEREIN IS ESTIMATED TO BE $6,000.00.*
* Please allow for a minimum 10 percent variance in the total estimated cost due to
changed site conditions or unanticipated circumstances.
Compensation described herein shall be subject to renegotiation if authorization to
proceed has not been given within 30 days of the date of the Agreement of Services. We
propose to perform our services, and invoice, in accordance with our Contract and the
attached Schedule of Rates and Conditions of Service.
*Assumes normal reimbursement request. Unusually large or first time -
reimbursement request will be charged on a time and materials basis.
** Please allow for a 10 percent variance due to changed extensive Fund liaison, new
or modified Fund legislature, or unanticipated circumstances.
Contact Information
The Project Director for your project is Daniel Johnson and the Project Manager is
Sarah Gibbs. The contact information is included in the following table.
Project Director
Daniel E. Johnson
EBS
8799 Balboa Avenue, Suite 290,
San Diego, CA 92123
858-571-5500 ext., 234
danj@ebsenvironmental.com
City of National City
Proposal Number: 11801203.04
March 19, 2004
Proposal
Page 7 of 8
Environmental Business Solutions
Project Manager
Sarah R. Gibbs
EBS
8799 Balboa Avenue, Suite 290,
San Diego, CA 92123
858-571-5500 ext. 261
sarahg@ebsenvironmental.com
If we can be of further assistance, or if you have any questions regarding the above scope of
services, please contact one of the undersigned at (858) 571-5500..
Respectfully,
ENVIRONMENTAL BUSINESS SOLUTIONS,
An SCS Engineers Company
Sarah R. Gibbs
Staff Professional/Regulatory Analyst
Attachments
\\Server\Files\Proposals\203\751 to 800\801 (Natioanl City Fund)\01801203.04.Fundppr.wpd
City of National City Proposal
Proposal Number: 11801203.04 Page 8 of 8
March 19, 2004 Environmental Business Solutions
CONDITIONS OF SERVICE
This Agreement for Services is based on, but not limited to, the following conditions:
Client Service Support
• The Client will provide available invoices and support documentation required
for the reimbursement request.
Basis for Estimated Budget and Schedule
• No unforeseen difficulties in obtaining information and support documentation
are encountered.
•
Pursuant to recent guidelines from the FUND, some or all of the costs presented
herein should be subject to eligibility and reimbursement from the Cleanup
Fund. EBS will submit these costs on behalf of the Client and request
reimbursement.
Invoices are due and payable on net 30 terms. In as much as the timing, form,
and content of the FUND application and reimbursement requests are within the
control of the Client and the FUND, EBS does not agree to wait for Cleanup
Fund reimbursement to the Client to be paid.
FEE SCHEDULE
EEL',.
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An SCS Engineers Company
8799 Balboa Avenue
Suite 290
San Diego CA
92123
7 a5a 571 5500
F 858 571 5357
providing
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STATE FUND
REIMBURSEMENT RATES
Fee Schedule
July 1, 2003 to June 30, 2004
Principal
$194.00
Project Director $184.00
Senior Technical Manager $152.00
Project Manager $133.00
Senior Project Professional $117.00
Project Professional $ 96.00
Staff Professional $ 85.00
Project Administrator $ 79.00
Associate Professional $ 79.00
Technician $ 70.00
Designer/Drafter $ 65.00
Technical Editor $ 69.00
Administrative Assistant $ 58.00
Word Processor $ 58.00
Additional Terms and Conditions
' Scheduled labor rates include overhead, administration, and profit.
• Rates for principals of the firm may be negotiated on a project -specific basis.
• Scheduled rates are effective through June 30. 2004. Work performed thereafter is subject to a new Fee
Schedule.
• Expert witness testimony (depositions and trial) will be charged at $250.00 per hour. Preparation for
testimony and general litigation support will be charged at normal hourly rates.
m Direct project expenses (such as field equipment, subcontracted services including drilling, laboratory
analyses, etc., permits, supplies. etc.) will be charged at cost plus 15 percent. Field vehicles will be charged
at $10.00 per hour when used. Mileage in excess of 100 miles per day will be charged at 0.40 cents per
mile. All other field equipment will be charged in accordance with the Fee Schedule in effect at the time the
work is performed.
• Per diem will be charged on all projects requiring overnight stays from our office. The per diem rate is
$100.00 per day per person or the federal per diem rate for the area, whichever is greater.
• Overtime will be charged at 125 percent of standard rates for weekday work in excess of 8 hours. Work
performed on holidays and weekends will be charged at 150 percent of standard rates.
• Invoices will be prepared monthly or more frequently for work in progress, unless otherwise agreed.
Invoices are due and payable upon receipt. Invoices not paid within 30 days are subject to a service charge
of 1.5 percent per month on the unpaid balance.
® Payment of EBS invoices for services performed will not be contingent upon the client's receipt of payment
form other parties, unless otherwise agreed in writing. Client agrees to pay legal costs, including attorney's
fees, incurred by SCS in collecting any amounts past due and owning on client's accounts..
The rationale and methodology for determining our Schedule of Rates is based on Manual 45c of the American
Society of Civil Engineers.
niiro: mentai.ca-Tm
FIELD EQUIPMENT RENTAL AND REIMBURSABLE FEE SCHEDULE
ENVIRONMENTAL BUSINESS SOLUTIONS
EQUIPMENT
Drager Kit
Drager Tubes
Flow Meter Assembly
Gastech Meter
Generator
Hand Auger
Power Hand Held Auger
Tube, Caps and Teflon Sheets
Tedlar Bags
Organic Vapor Meter
Moisture Meter
Bailers - Teflon or Stainless
Bailers - Disposable
Bailers - PVC
10 ml Visqueen 20' x 100'
Expendable Field Supplies
(caution tape, decontamination equipment, ice, sampling jars, etc.)
Hazardous Waste Field Kit
(for any field sampling; personal protective equipment
through Level C; protective clothing, respirators; gloves, etc.)
Hazardous Waste Field Kit (for Level A or B)
Vehicle
Miles (over 100 per day)
Still Camera
Film and Processing
Digital Camera (includes contact sheet & color printing)
Electronic Distance Meter
Sampler
Fluid/Petroleum Level Meter
Multiple Parameter Water Quality Meter
pH/Temp/Conductivity Meter
Bladder Pump
Pump Bladders, Tubing & Hardware
Water Sampling Pump (with controller) (Grundfos or peristaltic)
Water Sampling Pump (DC)
Copies
Color Copies/Prints (8 i/ x 11)
Color Copies/Prints (11 x 17)
RATE ($)
25/Day
5/Tube
100/Day
75/Day
60/Day
60/Day
100/Day
5/Tube
20/Bag
85/Day
75/Day
25/Day
15/Each
20/Day
100/Roll
35/Day
60/Day
Quoted/Job Specific
10/Hour
.40/Mile
10/Day
20/Roll
15/Day
25/Day
50/Day
75/Day
225/Day
60/Day
150/Day
Quoted/Job Specific
125/Day
50/Day
.10/Page
1.20/Page
2.40/Page
CLEANUP FUND. LETTER
Water
tt3
Board
of
atcr
CLI
Z1.,
rta CA
120
March 17, 1998
TO: Interested Parties
REGULATORY TECHNICAL ASSISTANCE
. This memorandum further darifies and supersedes my memorandums to interested parties
dated December 5, 1996, and June 21, 1997.
Senate Bill 562 took effect on January 1, 1997, and added section 25299.57(j) to the
Health & Safety Code which stated that: "The board shall pay a claim for regulatory
a technical assistance to the owner or operator of a property on which is located a release
io °` CAfrom a petroletm underground storage tank which is the subject of a site investigation at a
350 corrective action and is otherwise eligible for reimburset tent under this chapter,"
2'7.4"° The bill did not define "regulatory technical assistance" or provide an explanation of the
intent of this provision. We had understood from materials provided by legislative staff
that the bilI's author had intended to request reimbursement of regulatory technical
assistance costs up to a maximum of 53,000. However, this figure was riot included in the
bill as eventually passed. The -memorandum to interested parties dated July 21, 1997 was
intended to clarify the matter, Thememorandum quoted section 25299.57(j) as enacted,
that is, without reference to the 53,000 figure. However, it also referred to a legislative
committee report and used the figure of 53,000 as illustrative of the range of costs that
were intended to be reimbursed, Apparently, this conveyed the erroneous impression that
there was a 53,000 limit. Please be advised that there is no 83,000 limit for reimbursement
of reyulatcry technical assistance claims.
However, only reasonable and necessary costs for regulatory technical assistance incurred
on and after January 1, 1997, and which are clearly documented as to task activity, time,
and cost can be reimbursed. Regulatory technical assistance should be obtained from
parties where there is no appearance of a conflict of interest. For example, there would be
an appearance of a conflict of interest for a consultant or contractor af.Iiliated with a firm
doing work on a project to also be the claimant's representative authorized to approve the
work or to review acid approve the bids.
The following material from my July 21., 1997, memorandum provides additional guidance
on the subject of regulatory technical assistance and remains applicable. it is included for
.further clarification:
pee Wilson
GOYerAar
fir✓ Paper
"Regulatory technical assistance means assistance from a person other than the claimant in
the preparation and submission of a claim to the Fund, and includes assistance with
Our rn.rr.an rr to prarhrwa and enhance she quoLn of t;alllorro r'r user rsraurcar and
enure .he." proper atloeanon and eific.rna ore for the b<nafrt of prraion ana funw gtneroaran..
Interested Parties
Page 2
NI57 Recybec Paprr
cumpleting and submitting the claim application and reimbursement requests, and
assistance in complying with procurement requirements. Assistance with completing and
submitting a claim application includes filling out the Cleanup Fund Application and
Obtaining supporting documentation. Assistance with submitting reimbursement requests
includes filling out the lteimbursernent Request Form, filling out the necessary
spreadsheets, and providing copies of invoices, proof of payment, technical documents,
etc. required by the program. Assistance in complying with procurement requirements
include the request for proposals, the evaluation of bids, and the request for pre approvals
from the Fund. These are activities that many qualified professionals can perform at a
reasonable cost.
lost claimants are quite capable of handling.these activities themselves and are
encouraged to do so. Fund staff will advise and assist claimants with these activities, If
assistance is necessary, claimants arc encouraged to use professionals that are experienced
with .program requirements.
Invoices for "regulatory technical assistance" must clearly document the task activity, the
time and the cost Fund staff will carefully review all costs claimed to ensure the costs are
bcth reasonable and necessary. We contacted a number ofindividualsand firms that
currently assist claimants with submitting claim applications and reimbursement requests.
One firm routinely performs. complete claim applications at a costs of less than $40 per
hour Costs for regulatory technical assistance generally ranges from approximately 550
per hour to $85 per hour. A cost of approximately S65 per hour including overhead is
fairly typical. In most cases, a simple claim application should cost less than 550.0 to
prepare accurately and completely, 'A complete reimbursement request may take 1-4
hours to prepare."
Sincerely,
Dave Deaner, Manager
UST Cleanup Fund
UYr mrrtlo 1 rt to pdnrrrm and trrhaoea rn otethiy ofC'Qttferrr,v'i taxer rriaurerr, and
rnrvrr rks,f proper 411460,11011 and airisirtat ry%a«tka brMfit olpr6san4 and/Laare praaro116w1.
rEn Ern ELA
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Ove
23 State Water Resources Control Board § 2804
Chapter 18. Petroleum Underground
Storage Tank Cleanup Fund Regulations
Article 1. General Provisions
03. Applicability.
The regulations in this chapter implement the Barry Keene Under -
round Storage Tank Trust Fund Act of 1989 (Health and Safety Code,
ivision 20, chapter 6.75, section 25299.10 et seq.). Except as otherwise
lflcally provided, this chapter applies to owners and operators of pe-
um underground storage tanks as defined in article 2 of this chapter.
OD) This chapter applies in part to owners of residential tanks as this
rm is defined in article 2 of this chapter.
) This chapter establishes financial responsibility requirements for
in owners and operators of underground storage tanks (article 3).
,d) This chapter provides for reimbursement from the Underground
torage Tank Cleanup Fund (Fund) of eligible corrective action, regale -
technical assistance, and third party compensation claim costs in-
d by eligible owners and operators of underground storage tanks
nd residential tanks (article 4).
e) This chapter establishes procedures for requesting review of a staff
sion by the Fund Manager, appealing a staff decision or a Fund Man -
Decision to the Chief of the Division of Clean Water Programs, and
]r petitioning the State Water Resources Conrrol Board for review of a
e.c sion of the Division Chief (article 5).
This chapter establishes procedures for owners and operators of un-
ound storage tanks and other responsible parses to petition for re-
ew of a regulatory agency decision not to close an underground storage
auk or residential tank site (article 6).
h: Authority cited: Section 25299.77, Health and Safety Code. Reference:
ons 25299.10, 25299.11, 25299.31, 25299.39.2, 25299.51, 25299.56,
_ 9.57 and 25299.58, Health and Safety Code.
HISTORY
w chapter 18 (sections 2803-2814.3) filed 12-2-91 as an emergency; opera-
e 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safe -
Code section 25299.77 (Register 92, No. 9). For prior history of chapter 18,
see Register 81, No. 28.
Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
nendment of subsections (a) and (d) filed 12-27-94 as an emergency; opera-
e 12-27-94 (Register94, No. 52). Notwithstanding Chapter 3.5 (commenc-
with section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, this section shall not be repealed by OAL and shall remain in effect until
--vised by the State Water Resources Control Board, pursuant to Health and
-ety Code section 25299.77, subdivision (b).
endment of section and NOTE filed 10-27-2000; operative 11-26-2000
egister 2000, No. 43),
Article 2. Definition of Terms
2804. Definitions.
"-mess the context clearly requires otherwise, the terms used in this
ter shall have the following meanings:
ccidenc" means an unintentional and unexpected event.
"Annual aggregate amount" means the total amount of financial re-
sibility that is required to cover all unauthorized releases that might
in one year.
ual revenue" with respect to public entities, means the total annu-
general purpose revenues, excluding all restricted revenues over which
overrdng agency has no discretion, as reported in the annual Report
ancial Transactions submitted to the Controller, for the latest fiscal
ending prior to the date the Fund reimbursement claim application
as filed. With respect to nonprofit organizations, this term means the
annual revenues as shown in an annual fiscal report filed with the
try of Charitable Trusts of state and federal tax records, based on
.atest fiscal year ending prior to the date the Fund reimbursement
aim application was filed.
oard" means the State Water Resources Control Board.
"Bodily injury" means the physical injury, sickness, disease, includ-
ing death, sustained by any person as a proximate result of an unautho-
rized release from an underground storage tank or residential tank.
"Certification" means a written statement signed by a claimant attest-
ing to the accuracy and completeness of the facts contained in the written
statement.
"Chief financial officer" means the person who normally prepares,
verifies or certifies financial information on behalf of an owner or opera-
tor. The term means the owner or operator of the underground storage
tank if no other individual is designated as the chief financial officer.
"Claim" means a written request for payment of costs eligible for re-
imbursement from the Fund.
"Claimant" means an owner or operator who files a claim against the
Fund.
"Corrective action" means any activity necessary to investigate and
analyze the effects of an unauthorized release; propose a cost-effective
plan to adequately protect human health, safety, and the environment and
to restore or protect current and potential beneficial uses of water; and
implement and evaluate the effectiveness of the activity(ies). Corrective
action does not include any of the following activities:
(a) detection, confirmation, or reporting of the unauthorized release;
or,
(b) repair, upgrade, replacement or removal of an underground storage
tank or residential tank.
"De facto owner" means the owner of real property who has actual
possession of and control over an underground storage tank or residential
tank that is located on the property and that has been abandoned by its
legal owner and operator.
"Designated representative" means any person who provides fmanc-
ing for costs claimed in a reimbursement request. The term includes the
state, any department or agency thereof, or the federal government.
"Division" means the State Water Resources Control Board, Division
of Clean Water Programs, or any other division of the board authorized
to administer the Fund.
"Facility" means any one, or combination of, underground storage
tanks used by a single business entity or person at a single location or site.
"Federal Act" means subchapter DC of the Solid Waste Disposal Act,
as amended by the Resource Conservation andRecovery Act of 1976 and
Solid Waste Amendments of 1984 (42 U,S.C. §§ 6991-6991i), as it may
subsequently be amended or supplemented, and the regulations adopted
pursuant thereto. The Federal Act is incorporated herein by reference,
"Financial responsibility" means state and federal financial responsi-
bility requirements for petroleum underground storage tanks. These re-
quirements are established by:
(a) title 40 Code of Federal Regulations, part 280, subpart H (com-
mencing with section 280.90), established pursuant to section 6991c(c)
of title 42, United States Code;
(b) Health and Safety Code Section 25292.2;
(c) Health and Safety Code, division 20, article 3, chapter 6.75 (com-
mencing with section 25299.30); and
(d) article 3 of this chapter,
"Fund" means the Underground Storage Tank Cleanup Fund created
pursuant to section 25299.50 of the Health and Safety Code.
"General purpose revenues" means revenues consisting of all of the
following: secured and unsecured revenues; less than countywide funds,
secured and unsecured; prior year secured and unsecured penalties and
delinquent taxes; sales and use taxes; transportation taxes (nontransit);
property transfer taxes; transient lodging taxes; timber yield taxes; air-
craft taxes; franchise taxes; fines, forfeitures, and penalties: revenues
from use of money and property; motor vehicle in -lieu taxes; trailer
coach in -lieu taxes; homeowner property tax relief; open -space tax re-
lief; and cigarette taxes.
"Gross negligence" means any act or failure to act by the owner or op-
erator, its employees, agents, or any other person under the owner's or
operator's supervision or control, in reckless disregard of the conse-
quences, that causes or allows an unauthorized release from an under-
ground storage tank or residential tank to occur or to continue.
P�ae -ve-t
§ 2804 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
"Heating oil" means petroleum, as defined in 40 Code of Federal Reg-
ulations, section 280.12, that is: Number 185, page 37117, namely: No.1,
No.2, No.4—light, No.4—heavy, No.5—light, No.5—heavy, and No.6 tech-
nical grades of fuel oil; other residual fuel oils (including Navy Special
'uel Oil and Bunker C); and other fuels when used as substitutes for one
f these fuel oils.
"Initial site investigation" means a soil and groundwater investigation
sufficient to identify where contamination resulting from an unautho-
rized release is most likely to be present.
"Initiation of corrective action" means actual commencement of cor-
rective action work by or under the authority of an owner or operator in
accordance with California Code of Regulations, title 23, division 3,
chapter 16, article 11 (commencing with section 2720).
"Local agency" means a local agency authorized to implement Health
and Safety Code, division 20, chapter 6.7 (commencing with section
25280) pursuant to section 25283 of the Health and Safety Code.
"Nonprofit organization" means a nonprofit public benefit organiza-
tion incorporated pursuantto title 1, division 2, part 2 (commencing with
secton 5110) of the Corporations Code.
"Occurrence" means an accident, including continuous or repeated
exposure to conditions, that results in an unauthorized release of petro-
leum from an underground storage tank or residential tank. Unauthorized
releases at the same site that require only a single site investigation shall
be considered one occurrence. An unauthorized release subsequent to a
previous unauthorized release at the same site shall only be considered
a separate occurrence if an initial site investigation has been completed
for the prior unauthorized release.
"Operator" means any person in control of, or having responsibility
for, the daily operation of an underground storage tank or residential tank
containing petroleum. The term includes any city, county, or district, or
any agency or department thereof, but does not include the state or any
agency or department thereof, or the federal government.
"Owner" means a person who awns an underground storage tank or
esidential tank. The term includes an owner of real property who is a
'acto ow#ter of an underground storage tank or residential tank located
on such property; however, the term does not include the state or any
agency or department thereof, or the federal government.
"Permit"means a written authorization issued under Health and Safe-
ty Code, divisidn 20, chapter 6.7 (commencing with section 25280) and
includes but is not limited to the permit required pursuant to section
25284 for an owner or operator to operate an underground storage tank.
"Person" means an individual trust, firm, joint stock company, corpo-
ration, or other entity, including a government corporation, partnership,
Limited liability company, or association. The term includes a city,
county, district, or state, and an agency or department thereof; or the
United States to the extent authorized by federal law.
"Petroleum" means crude oil, or any fraction thereof, that is liquid at
60 degrees Fahrenheit and 14.7 pounds per square inch absolute, includ-
Mg the following substances: motor fuels, jet fuels, distillate fuel oils, re-
sidual fuel oils, lubricants, petroleum solvents, and used oils, including
any additives contained in the formulation of the substances.
"Petroleum marketing facilities" means all facilities at which petro-
'.eum is produced or refined and all facilities from which petroleum is
sold or transferred to other petroleum marketers or to the public.
"Petroleum marketing firms" means all firms owning petroleum mar-
tedng facilities. Firms owning other types of facilities with underground
;tcrage tanks as well as petroleum marketing facilities are considered to
De petroleum marketing firms.
"Property 'damage" means actual loss, injury, or deterioration to a third
)arty's real or personal property which is caused by an unauthorized re -
ease of petroleum from an underground storage tank or residential tank.
"Regional board" means a California Regional Water Quality Control
board.
"Regulatory agency" means the Board, a regional board, or a local,
or federal agency that has responsibility or authority for regulating
.nderground storage tanks or residential tanks or that has responsibility
for corrective action or overseeing corrective action, for unauthorized re-
leases from underground storage tanks or residential tanks.
"Regulatory technical assistance" means assistance from a person oth-
er than the claimant in the preparation and submission of a claim to the
Fund. Regulatory technical assistance includes assistance with complet-
ing and submitting the claim application, reimbursement requests, and
supporting documentation, and complying with procurement require-
ments. Regulatory technical assistance does not include assistance with
preparing and pursuing a site closure petition, an appeal to the Division
Chief for unpaid claims, apetition for unpaid claims, or an action in court.
"Reimbursement Request" means documents required by the Division
and necessary for reimbursement of a claim.
"Release" means any spilling, leaking, emitting, discharging, escap-
ing, leaching, or disposing from an underground storage tank or residen-
tial tank into or on the waters of the state, the land, or the subsurface soils.
The term does not include releases which are clearly attributable to spills
or overfills occurring as a result of filling or emptying of an underground
storage tank or residential tank.
"Residence" means real property which is improved with an owner —
occupied single family dwelling or duplex,
"Residential t mk" means a tank, as defined in Health and Safety Cede
section 25281, subdivision (t), including pipes connected thereto, that
meets all of the following conditions:
(a) The tank is used for the storage of petroleum.
(b) The tank is substantially or totally beneath the surface of the
ground.
(c)(i) The tank is located at the residence of a person on property used
exclusively for residential purposes at the time of discovery of the unau-
thorized release; or
(ii) The tank is located at the residence of a person, the tank is located
on property which on or after January 1, 1985, has not been used for agri-
cultural purposes, the tank has a capacity of 1,100 gallons or less, and on
or after January 1, 1985, the tank has been used for the sole purpose of
storing home heating oil for consumptive use on the premises where
stored.
(d) The tank is not located on a farm, and on or after January 1, 1985,
the tank has not been used primarily to store motor vehicle fuel for agri-
cultural or resale purposes.
"Site" means the parcel of real property at which an underground stor-
age tank or residential tank is located, subject to the following limita-
tions:
(a) If underground storage tanks or residential- tanks are located at ad-
jacent parcels of real property, the adjacent parcels together constitute
one site if both of the following apply:
(1) The underground storage tanks are, or have been, operated by the
same person.
(ii) The adjacent parcels are under common ownership or control.
(b) Notwithstanding subdivision (a), the Board may consider a parcel
of real property as consisting of multiple sites, corresponding to the num-
ber of distinct underground storage tank or residential tank operations at
the parcel, if the Board makes both of the following findings:
(i) There is more than one underground storage tank or residential tank
located at the parcel.
(ii) Each separately operated underground storage tank, residential
tank, or group of underground storage tanks and residential tanks is not,
and has not been, operated by a person who is operating or has operated
another underground storage tank or residential tank at the same parcel.
"Small business" means a business which, at the time of application
to the Fund, fits the definition of a small business set forth in Government
Code section 14837, subdivision (d), except that a business that is domi-
ciled or has its principal office outside of the state is a "small business"
if the business otherwise fits the definition set forth in section 14837, sub-
division (d).
Page 158
Register 2000, No. 43; 10-27-2000
824
BARCLAYS CALLFORNIA CODE OF REGULATIONS Title 23
All fittings shall be of corrosion -resistant material and shall be so con-
cted and installed as to ensure a water -tight seal. All pumpout sys-
s shall be designed and constructed to have a minimum capability of
Iraping out vessel marine sanitation devices having 1 1/2-inch fittings.
The system shall be designed and constructed to prevent leakage when
nsferring or when the system is disconnected. This would normally re -
re a minimum of four valves; one on each side of the pump, plus one
at the storage tank, and one at the vessel holding tank connection.
N TE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
e. Reference: Sections 775, 776, 777 and778, Harbors and Navigation Code.
HISTORY
I.: ew NoTn filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
4p).
'ditorial correction of printing error in subsection (b) (Register 94, No. 26).
4824. Pumpout Facility Water Supply Required.
The pumpout facility shall be designed and constructed such that a wa-
supply is available at appropriate locations for flushing and cleaning
-essel holding tanks and storage tanks. The water supply shall be pro -
acted against back-siohonage of waste into the water system by a back -
low prevention device meeting the standards established by the State
d of Public Health in Group 4 (commencing with Section 7583),
chapter 1, Chapter 5, Pan 1 of Tide 17 of the California Adtninistra-
1ve Code.
TE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
e. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
. New NOTE filed 10-1-85; effectve thirtieth day thereafter (Register 85, No,
40).
Article 3. Operation and Maintenance
27. Operation and Maintenance Instructions.
set of operation and maintenance instructions shall be prepared and
.ed in the operation of the pumpout facility. The operation and mainte-
ance instructions shall be available for inspection at the pumpout facil-
. d if found to be deficient by the staff of the Regional Board, the in-
tions shall be corrected within 30 days.
(a) The operation instructions shall have a detailed explanation of
tvP positions when the system is transferring sewage and when the sys-
;s not being used.
The operation and maintenance instructions shall include methods
hich will be used to isolate portions of the system for maintenance and
: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
B. Prevention of Leakage and Spillage.
All pumpout facilities shall be operated and maintained in such a man -
at there shall be no leakage or spillage of sewage.
: Authority cited: Sections 777 and 778, Harbors and Navigation Code. Ref-
e: Section 777, Harbors and Navigation Code.
HISTORY
NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
829. Inspection and Maintenance Requirements.
entire pumpout system shall be inspected by the operator at regu-
ervals not exceeding six months and any worn components re-
. The Re Mona' B oard staff shall inspect the facility at regular inter-
s not to exceed one yea.
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
eference: Sections 775, 776, 777 and778,.Harbors and Navigation Code.
HISTORY
ow NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
,1.
Chapter 20.1. Designation of Marine
Terminals to Provide Adequate Sewage
Retention Device Pumpout Facilities
Article 1. General Provisions
§ 2831. General.
Pursuant to Chapter 6 (commencing with Section 775) of Division 3
of the Harbors and Navigation Code the State Board shall, as needed for
the protection of water quality, require any person lawfully vested with
the possession, management, or control of a marine terminal to provide
adequate vessel sewage retention device pumpout capability, at locations
which are convenient and accessible to vessel users.
It is the intent of these regulations to provide a standard method of de-
termining which marine terminals shall be required to install and operate
pumpout facilities.
NOTE: Authority cited: Sections 776 and 778, Harbors and Navigation Code. Ref-
erence: Section 776E Harbors and Navigation Code.
HISTORY
1. New Subchapter 20.1 (Articles 1-2, Sections 2831-2836) filed 8-11-77; effec-
tive thirtieth day thereafter (Register 77, No. 33).
2. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
3. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2832. Definitions.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349,7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Administrative Procedures
§ 2833. Regional Board Request.
Each Regional Board, upon determining a need for additional pump -
out facilities within its region, shall request the State Board to require
specified marine terminals to install and operate pumpout facilities
where necessary to protect water quality.
NOTE: Authority cited: Sections 776 and 778, Harbors and Navigation Code, Ref-
erence: Section 776, Harbors and Navigation Code.
HISTORY
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2833.1. Contents of Regional Board Request for
Pumpout Facilities.
Requests for requiring marine terminals to install and operate vessel
waste pumpout facilities shall be forwarded to the State Board by the Re-
gional Board Each request shall be based upon the guidelines contained
in Section 2834.1 and shall include the following as well as any other in-
formation requested by the State Board.
(a) Designation of the area where additional facilities are needed.
(b) Explanation of the need for additional pumpout facilities within the
area including: •
(1) An estimate of the number of vessels with sewage retention devices
requiring pumpout facilities.
(2) The location of each marine terminal.
(3) The Iocation and capacity of existing pumpout facilities.
(c) Recommendations as to which marine terminal or terminals should
install and operate pumpout facilities, the capacity of the facilities which
should be installed, and reasons for such recommendations.
(d) The name, owner, and address of each marine terminal recom-
mended pursuant to (c) above.
(e) An appropriate installation time schedule pursuant to Section 2835.
Page 158.12(d)
ride 23 State Water Resources Control Board
§ 2823
ng, the Board may invite comments on the matter from interested per-
sons. These comments shall be based solely on factual material contained
.n the record or legal argument.
(2) No new factual material shall be submitted at the Board meeting.
If new legal argument is to be submitted at the Board meeting, the argu-
ment shall be filed in writing with the Board and other interested persons
at least five working days prior to the Board meeting in order for such ar-
gument to be considered by the Board.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.39.2 and 25299.56, Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Chapter 19. Certification Under the
California Pollution Control Financing
Authority Act
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 39615,
Health and Safety Code.
HISTORY
1. Repealer of Subchapter 19 (Sections 2800 through 2811) filed 9-5-81; effective
thirtieth day thereafter (Register 80, No. 36). For prior history see Register 74,
No. 10.
Chapter 20. Standards for the Removal of
Sewage from Vessels
Article 1. General
§ 2815. Authority and Purpose.
The standards contained herein are prescribed by the State Board pur-
suant to Chapter 6 (commencing with Section 775) of Division 3 of the
Harbors and Navigation Code. The purpose of these standards is to estab-
lish criteria for the design, construction, operation, and maintenance of
pumpout facilities for the removal of sewage from vessel sewage reten-
tion devices.
NOTE: Authority cited: Sections 775, 775.5, 776, 778, 783 and 784. Harbors and
Navigation Code. Reference: Chapter 6 (commencing with Section 775), Division
3, Harbors and Navigation Code.
HISTORY
1. New Subchapter 20 (Sections 2815-2829, not consecutive) filed 9-3-76; effec-
tive thirtieth day thereafter (Register 76, No. 36).
2. Amends-nt of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2816. Definitions.
The following definitions shall apply to this subchapter.
(a) "Pump out facility" means any facility or other means used to trans-
fer sewage from a vessel sewage retention device aboard a vessel to stor-
age and/or disposal facilities.
(b) "Sewage retention device" means any equipment on board a vessel
which is designed to receive and retain sewage.
NOTE: Authority cited: Sections 775.5 and 778, Harbors and Navigation Code.
Reference: Section 775.5, Harbors and Navigation Code.
HISTORY
1. New subsection (e) filed 8-6-81; effective thirtieth day thereafter (Register
81,No. 32).
2. Order of Repeal of subsections (b-d) filed 6-3-85 by OAL pursuant to Govern-
ment Code Secdon 11349.7; effective thirtieth day thereafter (Register 85, No.
26).
3. Amendment filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40),
§ 2817. Application of Regulations.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Design and Construction
§ 2819. Pumpout Facility Design and Use.
The pumpout facility must be designed or utilized such that all sewage
transferred from vessel marine sanitation devices is stored or disposed of
in a manner approved by the appropriate Regional Water Quality Control
Board and in accordance with local ordinances.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
2. =ditorial correction (Register 95, No. 33).
§ 2820. Prevention of Leakage and Spillage.
AU pumpout facilities shall be designed and constructed in such a
manner that there shall be no leakage or spillage of sewage.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE fled 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2821. Pump Design Requirements.
Pumps provided at the pumpout facility for the transfer of waste from
vessel to the pumpout facility and from the pumpout facility to the dis-
posal system shall:
(a) Be of self -priming and non -clogging design.
(b) Be of sufficient size and capacity to complete the transfer operation
in a reasonable amount of time when operating against the maximum an-
ticipated bead.
(c) Be designed and installed to prevent leakage or spillage.
(d) Be designed and installed to meet all safety requirements.
(e) Be constructed of corrosion -resistant material.
The pumps may be either of fixed or portable type installation.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2822. Storage Tank Design Requirements.
Storage tanks used to store pumpout waste shall:
(a) Be designed and constructed to allow for complete emptying of
contents into a disposal system or waste haulers tank.
(b) Be equipped with a means of determining the amount of sewage
in the tank.
(c) Be equipped with a means of preventing backtiow from the storage
tank into the pumpout system.
(d) Be designed and constructed to prevent overflow or spillage.
(e) Be designed and installed to protect against a 1-in-100 year flood.
(f) Be constructed of material capable of withstanding solar radiation
and chemical action of freshwater, saltwater, chemical additives and
sewage without excessive deterioration.
(g) Be designed and constructed such that the sewage enters the tank
above maximum storage level.
NOTE; Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No,
40).
§ 2823. Design Requirements for Piping and Hoses.
All piping/hosing used in the design and construction of a pumpout
system shall:
(a) Be designed to withstand any pumping pressure or vacuum en-
countered without leakage; and
(b) Be constructed of material capable of withstanding solar radiation
and chemical action of freshwater, saltwater, chemical additives, and
sewage without excessive deterioration.
Page 158,12(e)
Steisct<^Aeq ^t„
.0-21-2S00
814.6 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
(2) No new factual material shall be submitted at the Board meeting.
new legal argument is to be submitted at the Board meeting, the argu-
nt shall be fled in writing with the Board and other interested persons
at least five working days prior to the Board meeting in order for such ar-
ment to be considered by the Board.
TE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
ctoon 25299.56, Health and Safety Code.
HISTORY
New section flied 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Article 6. Petitions for Site Closure
814.6. Filing of Petition.
(a) Any underground storage tank or residential tank owner or opera -
or other responsible party who believes that the corrective action plan
the site has been satisfactorily implemented, but who has not been
anted closure of the site, may petition the Board for review of the case,
whether or not the petitioner is eligible for reimbursement from the Fund
rsuant to Health and Safety Code section 25299.54.
(b) Prior to petitioning the Board for review, an underground storage
or residential tank owner or operator or other responsibleparty must
do both of the following:
(1) remove free product to the maximum extent practicable; and
(2) request and be denied case closure from the regulatory agency that
verseeing corrective action at the site. The denial must be signedby
the regional board' s Executive Officer or, if a local agency is overseeing
ectfve action, by the Environmental Health Director, or equivalent.
e petitioner filed a request for closure, and if within 60 days of the
to of the request for closure the regulatory agency neither acts on the
request nor informs the petitioner of when the regulatory agency will act,
inaction of the regulatory agency will be deemed to constitute a denial
he request.
(c) Petitions to the Board requesting review of an underground storage
.unk or residential tank case must include the following:
1) the name and address of the petitioner;
2) the address of the site;
(3) the name and address of the current owner of the site and of the
ens of adjacent property including properties that are across the street
the site;
) the name, address, and telephone number of all responsible parties;
(5) a copy of the decision denying case closure by the regulatory
=ncy overseeing corrective action at the site or a copy of the petition -
request to to regulatory agency for closure accompanied by a state-
t that the re gut atory agency failed to act within 60 days of the request;
) a statement of the reasons why the petitioner believes the case
ld be reviewed.
d) The petitioner may request a hearing for the purpose of presenting
actual material not presented to the regulatory agency or for oral argu-
t or both. The request to present material which was not presented to
egulatory agency must include a description of the factual material
the petitioner wishes to submit, the facts that the petitioner expects
a establish, and an explanation of the reasons why the claimant could not
iously submit the new material to the regulatory agency. The peti-
nt must include with the petition a copy of any new documentary ma-
ai that the petitioner wishes to present to the Board.
TE: Authority cited: Section 25299,77, Health and Safety Cade. Reference:
n 25299.37, 25299.39.2, Health and Safety Code.
HISTORY
article 6 (sections 2814.6-2814.8) and section filed 10-27-2000; opera-
tive 11-26-2000 (Register 2000, No. 43).
rid
14.7. Action by the Board.
4 The Board shall send a copy of the petition to the regulatory agency
erseeiag corrective action at the site and notify the agency that the re-
clative to the case and any agency response to the petition must be
received by the Board within 20 days of the date of the letter of notifica-
tion. The regulatory agency overseeing corrective action at the site will
also be notified that a list of persons, if any, known by the regulatory
agency to have an interest in the subject matter of the petition must be re-
ceived by the Board within 10 days of the date of the letter of notification.
(b) Upon receipt of a list of interested persons, the Board will notify
those persons, the current site owner, the owners of adjacent property,
and the appropriate regional board if it has not already been notified as
the regulatory agency overseeing corrective action at the site, that any re-
sponse to the petition by an interested person must be received by the
Board within 20 days of the date of the letter of notification.
(c) The regulatory agency shall send a copy of its response, if any, to
the petitioner. All other respondents shall send copies of their responses
to the petitioner and the regulatory agency. The deadline for filing a re-
sponse to the petition or submitting the record may be extended by the
Board.
(d) Following review of the petition, the record, and all responses to
the petition, the Board may:
(1) if a case is under the jurisdiction of a regional board or local agency
that is implementing a local oversight program pursuant to Health and
Safety Code section 25297.1, close the case or remand the case to the reg-
ulatory agency for action consistent with the Board decision;
(2) if a case is under the jurisdiction of a regulatory agency that is not
implementing a local oversight program pursuant to Health and Safety
Code section 25297.1, recommend that the case be closed;
(3) deny the request to require or recommend that the case be closed;
(4) refuse to review the request that the case be closed if the petition
fails to raise substantial issues that are appropriate for review by the
Board; or
(5) take such other action as the Board deems appropriate.
(e) Before taking action, the Board may, at its discretion, hold a hear-
ing; or the Board may provide for an informal meeting between the peti-
tioner, the Division staff, an appropriate representative of the regulatory
agency, a member of the Board, and such other persons as the Board
deems appropriate for the purpose of attempting to resolve the dispute.
(f) If an evidentiary hearing is held, it shall be conducted in accordance
with the California Code of Regulations, title 23, division 3, chapter 1.5,
article 2.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299,37 and 25299.39.2, Health and Safety Cade.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2814.3, Board Workshop and Meeting.
(a) The Board may discuss a proposed order in response to a petition
for site closure in a public workshop prior to formal action at a Board
meeting.
(1) At the workshop, the Board may invite comments on the proposed
order from interested persons. These comments shall be based solely
upon factual material contained in the record or upon legal argument.
(2) If the petitioner or an interested person desires to submit factual
material not contained in the record before the Board, the person may
make this request to the Board prior to or during the workshop. This re-
quest shall include a description of the material, and a statement and sup-
porting argument that the material was improperly excluded from the re-
cord or an explanation of the reasons why the person could not previously
submit the factual material. If the Board in its discretion approves the re-
quest, the person requesting consideration of the material must submit
the material in writing to the Board and all other interested persons within
five days of such approval. The submittal shall be accompanied by a noti-
fication to all other interested persons that they will be allowed an addi-
tional five days from the submittal date to file responsive comments in
writing. The person requesting consideration of the material shall file
with the Board a copy of the notification to other interested persons.
(b)(1) Formal disposition by the Board of any matter for decision will
be taken at a regularly or specially scheduled Board meeting. At the meet-
'P'k' 1c9.' mot!
'itle 23 State Water Resources Control Board § 2814.5
(4) a completed reimbursement request when the subject of the appeal
s non-payment of a specific cost.
(c) The Division Chief shall render a Final Division Decision within
0 days of receipt of the appeal. A Final Division Decision is final and
:onclusive unless the claimant files a petition for review with the Board
hat is received by the Board within 30 days from the date of the Final
Division Decision.
(d) The Division Chief may at any time, on the Division Chief's own
notion, issue a Final Division Decision.
COTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Renumbering of former section 2314.1 to section 2814.2 and renumbering of
former section 2814 to new section 2814,1, including amendment of section and
NOTE, flied 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2814.2. Petition for Board Review and Response by the
Division Chief. •
(a) A claimant may petition the Board for review of a Final Division
Decision.
(b) A petition for Board review shall contain the following:
(1) the name and address of the petitioner;
(2) a statement of the date on which the petitioner received the Divi-
sion's final decision;,
(3) a copy of the Final Division Decision that the Board is requested
to review;
(4) an explanation why the claimant believes the Final Division Deci-
sion is erroneous, inappropriate, or improper;
(5) a statement describing how the petitioner is damaged by the Final
Division Decision; and
(6) a description of the remedy or outcome desired.
(c) The tetition shall be sent to the Board Chairperson, with copies
sent to the thief Counsel of the Board, and the Division Chief.
(d) The petitioner may request a hearing for the purpose of presenting
factual material not presented to the Division Chief or for oral argument
or both. The request to present material which was not presented to the
Division Chief must include a description of the factual material that the
petitioner wishes to submit, the facts that the petitioner expects to estab-
lish, and an explanation of the reasons why the claimant could not pre-
viously submit the new material to the Division Chief. The petitioner
must include with the petition a copy of any new documentary material
that the petitioner wishes to present to the Board.
(e) The Division Chief mayfile a response to the petition with the
Board within 30 days of the Board's notification to the petitioner that the
petition is complete. The Division must provide a copy of any response
to the petitioner. The Board may extend the time for filing a response by
the Division Chief.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
HISTORY
1. New section fled 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Renumbering of former section 2814.2 to section 2814.3 and renumbering of'
former section 2814.1 to new section 2814.2, including amendment of section
heading and section, filed 10-27-2000; operative 11-26-2000 (Register 2000,
No. 43).
§ 2814.3. Defective Petitions.
Upon the Board's receipt of a petition which does not comply with sec-
tion 2814.2 of this chapter, the Board, through its Chief Counsel, will ad-
vise the petitioner of the manner in which the petition is defective and al-
low a reasonable time within which an amended petition may be filed. If
the Board does riot receive a properly amended petition within the time
allowed, the petition shall be dismissed.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9),
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (d) and NOTE filed 8-8-96; operative 8-8-96 pur-
suant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Renumbering of former section 2814.3 to new section 2814.4 and renumbering
of former section 2814.2 to new section 2814.3, including amendment of sec-
tion, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2814,4. Action by the Board.
(a) In response to the petition, the Board may:
(1) refuse to review the petition if it is late or fails to raise substantial
issues which are appropriate for Board review;
(2) affirm the final decision that the Board has been requested to re-
view;
(3) set aside or modify the final decision that the Board has been re-
quested to review; or
(4) take such other action as the Board deems appropriate.
(b) Before taking action, the Board may, at its discretion, hold a hear-
ing, or provide for an informal meeing between the petitioner, the Divi-
sion Chief, a member of the Board, and such other persons as the Board
deems appropriate for the purpose of attempting to resolve the dispute,
(c) If an evidentiary hearing is held, it shall be conducted in accordance
with the California Code of Regulations, title 23, division 3, chapter 1.5,
article 2.
(d) The Board shall act on the petition and provide written notification
of its action to the parties within 90 days after receipt of the petition, un-
less all parties agree in writing to an extension of time. If the Board initi-
ates an evidentiary hearing, the Board shall act on the petition within 270
days after receipt of the petition.
(e) The Board reserves the right, at its discretion, to consider a petition
upon its own motion.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
HISTORY
1. Renumbering of former section 2814.3 to new section 2814.4, including amend-
ment of section and NOTE, filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
§ 2814.5. Board Workshop and Meeting.
(a) The Board may discuss a proposed order in response to a petition
for review of aFinal Division Decision in a public workshop prior to for-
mal action at a Board meeting.
(1) At the workshop, the Board may invite corn -tents on the proposed
order from interested persons. These comments shall be based solely
upon factual material contained in the record or upon legal argument.
(2) If the petitioner or an interested person desires to submit factual
material not contained in the record before the Division Chief, the person
may make this request to the Board prior to or during the workshop. This
request shall include a description of the material, and a statement and
supporting argument that the material was improperly excluded from the
record or an explanation of the reasons why the person could not pre-
viously submit the factual material. If the Board in its discretion approves
the request, the person requesting consideration of the material must sub-
mit the material in writing to the Board and all other interested persons
within five days of such approval. The submittal shall be accompanied
by a notification to all other interested persons that they will be allowed
an additional five days from the submittal date to file responsive com-
ments in writing. The person requesting consideration of the material
shall file with the Board a copy of the notification to other interested per -
Sons.
(b)(1) Formal disposition by the Board of any matter for decision will
be taken at a regularly or specially scheduled B oard meeting. At the meet-
ing, the Board may invite comments on the matter from interested per-
sons. These comments shall be based solely on factual material contained
in the record or legal argument.
e
Page 158.12(a)
Register 2000, No. 43; 10-27-2000 ,.
2813,4
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
ant that the Division staff proposes to remove the claim and shall state the
ounds for the Division staffs determination.
(1) If the Division staff issues such a notice, no payments shall be made
on account of such claim until the claimant has corrected the condition
at was the basis for the removal. If, within 30 days after the date of the
tice, the claimant fails to correct the condition that is the basis for the
oposed removal or fails to file a request for review or an appeal with
the Fund Manager or Division Chief, as appropriate, pursuant to article
of this chapter, the Division staff shall remove the claim from the prior -
list when the 30-day period has ended.
(2) In the event of a request for review by the Fund Manager, an appeal
to the Division Chief, or a petition to the Board, the claim involved shall
main on the priority list pending resolution of the request for review,
peal or petition but no payments shall be made on the claim until such
resolution.
(c) For claims filed before January 1, 1997, a claimant may resubmit
laim that has been removed from the priority list pursuant to subdivi-
r. (a) of this section if the claimant has corrected the condition that was
the basis for the removal. A claim that is resubmitted pursuant to this sub -
'vision shall be treated as a new claim, and if the Division determines
t the claimant has corrected the condition that was the basis for remov-
the claim's priority ranking shall be based an the date when the Divi-
sion makes its determination. A claim may not be resubmitted to the Fund
°'he information presented about the claim contains a material error that
s a result of rnisrepr esentation or fraud or other misconduct on the part
the claimant.
(d) For claims filed on or after January 1, 1997, the Division may sus-
d a claim for the reasons described in subdivision (a) of this section
follows:
(1) The Division may suspend a claim that is on the priority list until
he claimant corrects the grounds for suspension of the claim. 'When the
mant corrects the grounds for suspension of the claim, the Division
1 give the reinstated claim anew priority ranking as of the date of rein-
tement.
(2) The Division may suspend a claim that has received a letter of com-
ment until the claimant corrects the grounds for suspension of the
m. When the claimant corrects the grounds for suspension of the
then the Division shall reinstate the claim and reimburse the claim-
tnc's eligible costs when funding is available,
e) Notwithstanding subdivision (d)(1)-(2), for claims filed on or after
any 1, 1997, if the information presented on the claim contains a ma -
:axial error, and the error resulted from fraud or misrepresentation on the
gar of the claimant, the Division may revoke the claimant's eligibility
may bar the claim from further participation in the Fund,
) If a claim is rejected by Division staff before the claim is placed on
ie priority list, the claimant may either appeal the decision to reject the
pursuant to article 5 of this chapter or the claimant may submit a
claim.
: Authority cited: Section 25299,77, Health and Safety Code, Reference:
actions 25299.37(a)-(c), 25299.52(a), 25299.54(a)-(b) and (d), 25299.55,
3299.56, 25299.57(a), (d)(2)-(3) and 25299.58(b)(3)-(4), Health and Safety
HISTORY
ew section filed 1 2 2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
gister 92, No. 9).
'torial correction of printing errors in HISTORY 1. (Register 92, No. 43).
Renumbering of former section 2813.3 to new section 2813.2 and renumbering
of former section 2813.4 to new section 2R13.3, including amendment of sec -
heading, section and No'r'a, filed 10-27-2000; operative 11-26-2000
niter 2000, No. 43).
3.4. Removal from the Priority List.
: Authority cited: Section 25299.77, Health and Safety Code. Reference:
ns 25299.37(a)-(c), 25299.52(a), 25299.54(a), (b) and (d), 25299.55,
.99. 57(a), (d)(2)-(3), 25299.58(b)(3)-(4) and 25299.77, Health and Safety
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 8-8-96; operative 8-8-96 pursuant to Gov-
ernment Code section 11343,4(d) (Register 96, No. 32).
4. Renumbering of former section 2813.4 to section 2813.3 filed 10-27-2000; op-
erative 11-26-2000 (Register 2000, No. 43).
Article 5. Request for Review, Appeal, and
Petition Process
§ 2814. Fund Manager Decisions.
(a) A claimant who disagrees with a decision rendered by Division
staff may request review of the decision by the Fund Manager.
(b) A request for review by the Fund Manager must be accompanied
by all material that the claimant wishes to be considered by the Fund
Manager, and by the Division Chief and the Board in any subsequent re-
view by the Division Chief or Board. The request for review must include
the following information:
(1) a statement describing how the claimant is damaged by the prior
staff decision. This section shall be entitled "Clairant's Grievance";
(2) a description of the remedy or outcome desired, This section shall
be entitled "Remedy Requested";
(3) an explanation why the claimant believes the staff decision is erro-
neous, inappropriate or improper. This section shall be entitled "State-
ment of Reasons"; and
(4) a completed reimbursement request when the subject of the request
is non-payment of a specific cost.
(c) The Fund Manager shall render a Fund Manager Decision within
30 days of receipt of the appeal.'A Fund Manager Decision is final and
conclusive unless the claimant files an appeal to the Division Chief that
is received by the Division Chief within 60 days from the date of the Fund
Manager Decision.
(d) The Fund Manager may at any time on the Fund Manager's own
motion, issue a Fund Manager Decision.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.54(a) and 25299.55, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing error in HISTORY 1. (Register 92, No. 43).
3. Amendment of section heading, section and NOTE filed 8-8-96; operative
8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of article 5 heading, renumbering of former section 2814 to new
section 2814.1 and new section 2814 filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2814.1. Final Division Decisions.
(a) A claimant may appeal to the Division Chief for review of a Fund
Manager Decision. In addition, a claimant who disagrees with a decision
rendered by Division staff may appeal directly to the Division Chief pur-
suant to this section, as an alternative to requesting review by the Fund
Manager. A claimant who chooses to request review by the Fund Manag-
er must receive a Fund Manager Decision before appealing to the Divi-
sion Chief.
(b) An appeal to the Division Chief must be accompanied by all mate-
rial that the claimant wishes to be considered by the Division Chief, and
by the Board in any subsequent review by the Board. The appeal must
include the following information:
(1) a statement describing how the claimant is damaged by the Fund
Manager Decision or prior staff decision. This section shall be entitled
"Claimant's Grievance"; •
(2) a description of the remedy or outcome desired. This section shall
be entitled "Remedy Requested";
(3) an explanation why the claimant believes the Fund Manager Deci-
sion or prior staff decision is erroneous, inappropriate, or improper. This
section shall be entitled "Statement of Reasons"; and
Page 158.12
Title 23 State Water Resources Control Board
§ 2813.3
HISTORY
1. New section filed 12-27-94 as an emergency; operative 12-27-94 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part
1 of Division 3 of Title 2 of the Government Code, this section shall not be re-
pealed by OAL and shall remain in effect until revised by the State Water Re-
sources Control Board, pursuant to Health and Safety Code section 25299.77,
subdivision (b).
2. Amendment of section heading, section and No'rn filed 10-27-2000; operative
11-26-2000 (Register 2000, No. 43).
§ 2812.7. Submission and Receipt of Claims.
A claimant may hand -deliver claims to the Board or submit claims by
mail. A claimant shall not submit claims by facsimile or through other
electronic means.
NOTE: Authority: Section 25299.77, Health and Safety Code. Reference: Section
25299.55, Health and Safety Code.
HISTORY
1. New section filed 8-8-96; operative 8-3-96 pursuant to Government Code sec-
tion 11343.4(d) (Register 96, No. 32).
2. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
§ 2812.8. Disqualification of Claims.
The Board may disqualify aclaim and may bar the claim from further
participation in the Fund at any time during the active life of the claim if
it is found that the claimant has made a misrepresentation.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.55 and 25299.56(a), Health and Safety Code.
HISTORY
1. New section fled 10-27-2000; operative 11-26-2000 (Register 2000, No, 43).
§ 2813. Creation of Priority Lists.
(a) At least once each calendar year, the Board will adopt a revised
priority list. The Board will place on a revised priority list only those
claims received at least 30 days prior to adoption of a revised list and for
which the Board has not issued a letter of commitment.
(b) Within 60 days of receipt of a new, completed claim application
that was not included on the previous priority list, the Division will con-
duct a review of the claim to determine if the claim is eligible.
(c) The Board will not incorporate into a revised priority list those
claims from the previous priority list for which a letter of commitment
has been issued.
(d) Claims which are carried over from a previous priority list will re-
tain their previous ranking. within their respective priority class on any
revised priority list. New claims added to any priority class on any re-
vised priority list will be ranked below claims that are carried over from
the previous priority list within that class, and the new claims will be
ranked in the order of receipt. New claims received on the same day will
be randomly ranked.
NOTE: Authority cited: Section 25299.77, Health and Safety Code, Reference:
Sections 25299.52(a)-(b) and 25299.55, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (a) Sled 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299,77, subdivision (b).
4. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43),
§ 2813.1. Effect of Placement on Priority List.
(a) Placement of a claim on the priority list does not constitute a com-
mitment to reimburse eligfole costs claimed. Such a commitment will be
deemed to occur only when a letter of commitment is issued that specifi-
cally commits funds to a claim,
(b) Claims on the priority list will generally bf'processed and paid ac-
cording to priority class and the ranking of claims within each priority
class. To the extent practicable, all claims within a higher priority class
will be processed and paid before any claims in a lower priority class.
(c) Reimbursement to a claimant on a site that has been reopened pur-
suant to section 2810.1, subdivision (b) of this chapter will be made when
funds are available as follows:
(1) If the original claim has not been issued a letter of commitment,
then the claim on the reopened site shall be placed on the priority list with
the same priority class and rank as the original claim.
(2) If the original claim has been issued a letter of commitment, then
a letter of commitment will be issued for the reopened site ahead of all
other claims on the priority list.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52(a)-(c), 25299.55 and 25299.57, Health and Safety Code.
HISTORY
1. New section flied 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of subsection (b) filed 8-8-96; operative 8-8-96 pursuant to Gov-
ernment Code section 11343.4(d) (Register 96, No. 32).
5. Repealer of former section 2813.1 and renumbering of former section 2313.2
to new section 2813,1, including amendment of section and NOTE, filed
10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2813.2. Management of Priority Lists.
To assure equitable, effective, andtimelyuse and expenditure of avail-
able Fund monies, the Board reserves the right at any time to:
(a) modify the order of processing, payment and approval of claims
against the Fund;
(b) modify the ranking of claims within any priority class, provided,
however, that such action will only be taken after public hearing;
(c) transfer a claim to its correct priority class if the claim has been in-
appropriately assigned to a priority class. The claim will be placed on the
list in accordance with the date on which the claim was received;
(d) determine that a claim that is on the priority list shall receive no fur-
ther funding or shall be reduced in rank or priority class if the claimant
fails to pursue completion of corrective action with reasonable diligence;
(e) waive any non -statutory requirements pertaining to processing,
payment or approval of claims.
NOT:: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52, 25299.55 and 25299.57(d)(2)-(3), Health and Safety Cede.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing en -ors in HISTORY 1. (Register 92, No. 43).
3. Renumbering of former section 2813.2 to new section 2813.1 and renumbering
of former section 2813.3 to new section 2813.2, including amendment of sec-
tion and NOTE, filed 10-27-2000; operative 11-26-2000 (Register 2000, No.
43).
§ 2813.3. Removal from the Priority List; Suspension and
Rejection of Claims.
(a) A claim that has been placed on the priority list may be removed
(1) the claimant is not in compliance with any of the applicable re-
quirements of this chapter, the California Code of Regulations, title 23,
division 3, chapter 16, Health and Safety Code, division 20, chapters 6.7
or 6.75, or any provision of the Water Code under which the claimant is
required to take corrective action in response to an unauthorized release
of petroleum from an underground storage tank or a residential tank; or
(2) the claimant fails to provide necessary docnrentation or infor-.na-
tion, or refuses to provide access to the site that is the subject of the claim
to a regulatory agency; or
(3) the information submitted with the claim contains a material error.
(b) The Division staff shall issue a Notice of Intended Removal from
the priority list prior to such removal. T'ne notice shall inform the claim-
ii:
Paege 158.11
Regismt s3-,1S1-'17‘-�-�'
1 ' 12.4 BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
2) the causes of action in any underlying lawsuit or claim resulting in
ompensation to the claimant.
) the claimant's documentation of actual, ascertainable costs to
vhich the payment of compensation reasonably may be attributed. The
sion will not allocate the payment to costs that are unsubstantiated.
) If corrective action, regulatory technical assistance, or third party
pens ation costs are advanced to a claimant, or incurred on behalf of
claimant pursuant to a written contract, other than an insurance con -
under circumstances where the claimant is obligated to repay the
ce from reimbursement received from the Fund, the Division shall
consider the advance to be a double payment so long as the Fund re-
nbursements are paid over to the person making the advance and the
ant does not benefit, directly or indirectly, from the payover.
) Notwithstanding subdivision (a), a claimant may receive reim-
ursement from the Fund for corrective action, regulatory technical as -
stance, or third party compensation costs if an insurer has advanced the
s pursuant to an insurance contract and either of the following apply:
) The insurance contract explicitly coordinates insurance benefits
"ith the Fund and requires the claimant to do both of the following:
(A) maintain the claimant' s eligibility for reimbursement of costs from
and by complying with all applicable eligibility requirements; and
) reimburse the insurer for costs paid by the insurer pending reim-
lrsement of those costs by the Fund.
The claimant received a letter of commitment prior to June 30,
), for the occurrence and the claimant is required to reimburse the in -
for any costs paid by the insurer pending reimbursement of those
)sts by Me Fund.
Notwithstanding subdivision (a), when a claimant obtains settle..
proceeds or a judgment for costs the Fund would otherwise have
`..•ursed, the Fund may bear a fair share of the claimant's costs of oh-
iring the settlement proceeds or judgment.
(A) The Fund's fair share shall be equal to the lesser of:
the claimant's actual legal fees and legal costs incurred in collecting
settlement or obtaining. the judgment in proportion to the ratio of the
sts the fund would otherwise have reimbursed to the total settlement
sment amount; or
30 percent of the claimant's otherwise reimbursable costs obtained
e settlement or judgment.
(B) The Fund shall deduct its fair share from the amount determined
a double payment. If, however, the amount of the double payment
ater than the claimant's corrective action costs, the Fund shall pay
fair share to the claimant directly.
(2 The Fund shall not bear a fair share if the person paving the monies
claimant pursuant to the settlement or the judgment is eligible to
laim against the Fund and has not waived its ability to file a claim.
_3) The Fund shall not bear a fair share if both of the following are met:
' all of the claimant's documented costs that are related to the causes
on alleged in the underlying complaint have been met by the settle-
rjudgment; and
B) all of the claimant's documented costs of obtaining the settlement
ment have been met.
Authority cited: Section 25299.77, Health and Safety Code. Reference:
s 25299.10, 2529951, 25299.54, 25299.57 and 25299.58, Health and
1-.y Code.
HISTORY
section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
ect uninterrupted pursuant to Health and Safety Code secdon 25299.77
ter 92, No. 9).
itoriai correction of printing errors in HISTORY 1. (Register 92, No. 43).
tdment filed 12-27-94 as an emergency; operative 12-27-94 (Register
o. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of
a of Division 3 of Title 2 of the Government Code, this section shall not be
ealed by OAL and shall remain in effect until revised by the State Water Re-
.;.rces-Concol Board, pursuant to Health and Safety Code section 25299.77,
-FYision (b).
Jdment of subsections (a) and (b) filed 8-8-96; operative 8-8-96 pursuant
ernment Code section 11343.4(d) (Register 96, No. 32).
nendment of section heading, section and Nom filed 10-27-2000; operative
-2000 (Register 2000, No. 43).
§ 2612.4. Intentional or Reckless Acts; Ineligiblity of
Costs.
Notwithstanding any other provision of this article, corrective action
costs, regulatory technical assistance costs, and third party compensation
costs that result from the grass negligence or the intentional or recldess
acts of the claimant or an agent, servant, employee or representative of
the claimant, are not eligible for reimbursement from the Fund.
NOTE: Authority cited: Section 25299.77, Health and Safety Cade. Reference:
Section 25299.61, Health and Safery Code.
HISTORY
1. New section riled 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3, Amendment filed 12-27-94 as an emergency; operative 12-27-94 (Register
94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be
repealed by OAL and shall remain in effect until revised by the State Water Re-
sources Control Board, pursuant to Health and Safety Code section 25299 77,
subdivision (b).
4. Repealer and new section -led 10-27-2000; operative 11-26-2000 (Register
2000, No. ^--3).
§ 2812.5. Reimbursement Limitations.
(a)(1) The Board may nor reimburse from the Fund more than
$1,000,000 per occurrence less the claimant's level of financial responsi-
bility as set forth in section 2808.1 of this chapter.
(2) Notwithstanding subdivision (a)(1) of this section, if the Board has
already reimbursed a claimant the maximum amount specified in subdi-
vision (a)(1) of this section, the Board may reimburse from the Fund up
to an additional $500,000 per occurrence for reasonable and necessary
corrective action and regulatory technical assistance costs.
(b) For each occurrence, a claimant must pay for otherwise eligible
costs in the amount of the claimant's level of financial responsibility as
set forth in section 2808.1 of this chapter. For each occurrence, the Board
may reimburse from the Fund only eligible corrective action, regulatory
technical assistance, and third party compensation claim costs in excess
of a claimant's level of financial responsibility.
(c) If multiple or joint claimants file separate or joint claims against the
Fund for the same occurrence, the Fund will require the claimants as a
group to pay the amount of financial responsibility only once per occur-
rence. The required amount of financial responsibility will be equal to the
amount of fmancial responsibility that would be required of the claimant
in the lowest priority class.
(d) Reimbursement under section 2813.1, subdivision (c) of this chap-
ter is available only to the extent that reimbursement for the earlier cor-
rective action does not exceed the amount of reimbursement authorized
by this section.
(e) No claimant may receive reimbursement from the Fund in any fis-
cal year which exceeds five percent of the total amount appropriated by
the legislature for payment of claims for that fiscal year unless exempted
by the Board pursuant to Health and Safety Code, section 25299.60, sub-
division (c)(2).
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.32, 25299.57(a), 25299.58, 25299.59(b) and 25299.60(c), Health
and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
§ 2812.6. Verification of Claims.
Claimants shall verify under penalty of perjury that all statements,
documents and certifications contained in or accompanying a claim are
true and correct to the best of the claimant's knowledge. This shall in-
clude all statements and documents submitted during the active life of the
claim.
NOTE; Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.55(a), Health and Safety Code.
face 1SR 1n
ritle 23 State Water Resources Control Board
§ 2812.3
d engineers within the meaning of Business and Professions Code, divi-
sion 3, chapter 7 or professional geologists within the meaning of Busi-
iess and Professions Code, division 3, chapter 12.5.
(f) Where a claimant incurs increased costs or changes the scope of
xork covered by the awarded proposal or bid, the claimant must justify
:o the Division' s satisfaction any costs in excess of the awarded proposal
sr bid.
:`TOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.57, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Heath and Safety Code section 25299.77
(Register 92, No, 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Cade,
this sectionshall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and NOTE flied 8-8-96; operative 8-8-96 pursuant to
Government Code section 1 1343.4(d) (Register 96, No, 32).
5. Amendment of section and Nora filed 10-27-2000; operative 11-26-2000
(Register 24100, No. 43).
§ 2812.2. Eligible and Ineligible Costs.
(a) The Board may only reimburse from the Fund reasonable and nec-
essary corrective action, regulatory technical assistance, and third party
compensation costs that are incurred by or on behalf of a claimant.
(b) In order to be reimbursable from the Fund, the corrective action
.work undertaken must be acceptable to the appropriate regulatory
agency.
(c) The Board will review court -approved settlements to assure that
awarded costs, including third party compensation costs, are eligible.
(d) Regulatory agency oversight costs of corrective action work are el-
igible costly
(e) The fpilowing are ineligible corrective action and regulatory tech-
nical assistance costs:
(1) attorney fees or other legal costs, except those to provide regulato-
ry technical assistance;
(2) interest or any finance charge;
(3) any cost associated with removal, repair, retrofit, or installation of
an underground storage tank, residential tank, or the equipment
associated with an underground storage tank or residential tank;
(4) any cost associated with supervision by a cla imam of corrective ac-
tion;
(5) the cost of soil density tests that are not directly related to the cor-
rective action which is the subject of the claim;
(6) the cost of environmental audits or pre -purchase agreements un-
less performed as part of corrective action;
(7) the cost of testing for non -hydrocarbon contamination that is not
associated with corrective action for the specific claim involved;
(8) the cost of abandonment of wells not directly impacted by the un-
authorized release and not installed or used for corrective action pur-
poses;
(9) the cost of blacktop or concrete replacement or repair not directly
associated with corrective action;
(10) the cost of demolition of buildings except when it can be demon-
strated to the Division's satisfaction to be necessary to implement the
most cost effective corrective action. option;
(11) the cost of repairs, remodels, or reconstruction of buildings or oth-
er improvements;
(12) the cost of monitoring devices to detect hydrocarbon contamina-
tion in soil, the vadose zone, or water to the extent that they are not used
for corrective action;
(13) the cost of small tools except as required for corrective action;
(14) the cost of purchase of equipment, unless the claimant can dem-
onstrate that the purchase of equipment is more cost effective than leas-
ing or renting;
(15) any consequential costs incurred as a result of corrective action
such as, but not limited to, loss of rents or business;
(16) the added costs of implementing a corrective action alternative
that is not the most cost-effective alternative to achieve cleanup levels
identified as necessary by the regulatory agency;
(17) the costs of corrective action incurred to clean up the property be-
yond cleanup levels identified as necessary by the regulatory agency;
(18) corrective action costs incurred by the claimant before January 1,
1988;
(19) regulatory technical assistance costs incurred before January 1,
1997;
(20) regulatory technical assistance costs in excess of 53,000 per oc-
currence submitted with a reimbursement request received by the Fund
on or after January 1, 2000;
(21) costs associated with resubmitting an application or reimburse-
ment request to the extent the costs are incurred in response to a finding
of noncompliance with the application or reimbursement requirements
contained in this chapter; and
(22) any other costs not directly related to corrective action, including
but not limited to costs associated with filing of appeals and petitions.
(f) Only third parry compensation costs incurred on or after January
1, 1988 are eligible for reimbursement from the Fund. The Fund may
only reimburse the following types of third party compensation costs:
(1) medical expenses caused by an unauthorized release;
(2) actual lost wages or business income caused by an unauthorized
release;
(3) actual expenses for remedial action necessary to remedy the effects
of property damage caused by an unauthorized release; and
(4) damages equal to the fair market value of any property rendered
permanently unsuitablefor beneficial use by an unauthorized release.
NOTE: Authority cited: Section 25299.77, Health and Safety Cade. Reference:
Sections 25299.10, 25299.14, 25299.51, 25299.57 and 25299.58, Health and
Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No, 9).
2, Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (d)(10), new subsections (d)(11), (d)(15) and (d)(16),
and subsection renumbering filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section heading, section and NOTE filed 10-27-2000; operative
11-26-2000 (Register 2000, No. 43).
§ 2812.3. Double Payment.
(a) A claimant may not receive reimbursement from the Fund for cor-
rective action, regulatory technical assistance, or third party compensa-
tion costs that have been or will be reimbursed from another source.
(b) If a claimant receives compensation for corrective action, regulato-
ry technical assistance, or third party compensation costs from the Fund
and also receives compensation from a source other than the Fund for the
same cost, the claimant will remit to the Fund an amount equal to the sum
disbursed from the Fund on account of such cost.
(c) If a claimant has received compensation (such as a settlement pay-
ment or a reduction in the cost to acquire an interest in real property) from
another source, the Division shall determine whether the claimant will re-
ceive a double payment if the Fund reimburses the claimant's corrective
action, regulatory technical assistance, or third party compensation costs.
If the claimant can demonstrate that the compensation was for costs other
than corrective action, regulatory technical assistance, or third party
compensation costs, the Division may not consider the compensation to
be a double payment. If a claimant receives compensation from a source
other than the Fund, the Division will base its determination regarding
the purposes of the compensation on one or more of the following:
(1) the terns of the written contract or judgment requiring the payment
of compensation to the claimant.
-7,, �1 ZQ
1
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
quest is received. If the Division disapproves a request for pre-ap-
al or fails to act within 30 days after receiving the request, the claim-
mt may petition the Board for review using the procedures set forth in
le 5 of this chapter.
) Where a claimant requests assistance in the selection of contractors
consultants, the Division shall provide assistance with the following:
(1) identification of potential contractors and consultants;
2) preparation of requests for statements of qualifications from poten-
contractors and consultants;
3) comparison and evaluation of the qualifications of contractors and
.onsultants;
) preparation of invitations for obtaining estimates and bids from
actors and consultants; and
5) comparison of proposals and bids.
(e) When providing assistance to claimants pursuant to subdivision (d)
As section, the Division may not recommend, approve, or disapprove
sultans or contractors. The responsibility for procuring, managing,
and dismissing consultants and contractors is the sole responsibility of
e claimant.
: Authority cited_ Section 25299.77, Health and Safety Code. Reference:
ions 25299.37, 25299.54(a)-(e), 25299.55, 25299.57, 25299.58(b)(1),
-(4) and 25299.59(c), Health and Safety Code.
HISTORY
w section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
effect uninterrupted pursuant to Health and Safety Code section 25299.77
•egister 92, No. 9),
Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
mendment of subsection (e) filed 12-27-94 as an emergency; operative
-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
dth section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
'•de section 25299.77, subdivision (b).
mendrnent of section heading, repealer and new section and amendment of
NOTE filed 8-8-96; operative 8-8-96 pursuant to Government Code section
.1343.4(d) (Register 96, No. 32).
aendtnent of section heading, section and Non filed 10-27-2000; operative
-26-2000 (Register 2000, No. 43).
12. General Procedures for Reimbursement.
) The Board will issue eligible claimants a letter of commitment that
obligate funds for eligible corrective action costs, regulatory rechni-
ni assistance costs, third party compensation costs, or any combination
e foregoing. Issuance of a letter of commitment does not guarantee
the costs claimed in the application are eligible or will be reimbursed
e Fund.
(b) After being issued a letter of commitment, a claimant may submit
uest for reimbursement of costs incurred to date.
A claimant may submit reimbursement requests on an on -going
a s for eligible costs provided that the requests are for $10,000 or more,
ad not made more than once a month except for final payment.
) Reimbursement requests must include invoices and auxiliary doc-
talon that demonstrate to the Division's satisfaction that the cor-
:ctive action and regulatory technical assistance costs claimed by a
:imam are eligible. Invoices must include, at a minimum, all of the fol-
a brief description of the work performed;
(2) the date when the work was performed;
(3) the consultant's or contractor's name and address;
the name or initials of the person performing the work;
the job classification or title and hourly rate of the person perform-
?, the work;
the hours charged for each task per day;
the cost amount of the work performed;
_ , if the invoice is for telephone calls or meetings and is submitted to
port a claim for regulatory technical assistance, then the invoice must
fy the subject of the telephone calls or meetings and the person con-
; and
(9) if the invoice identifies typical overhead costs (such as clerical sup-
port, copying costs, postage costs, and telephone costs) as distinct costs,
then documentation should be submitted explaining why these costs are
not included in the billed rate.
(e) A claimant may name a designated representative as a co -payee for
payments from the Fund. In such cases, the Board will issue payments
jointly to the claimant and the designated representative.
(f) Within 60 days of the receipt of a properly documented reimburse-
ment request, the Board will pay for reasonable and necessary costs or
inform the claimant of the Board's basis for rejecting the costs.
(g) A claimant must pay all costs incurred by the claimant, but not yet
paid, and claimed against the Fund within 30 days of receipt of reim-
bursement from the Fund. If a claimant has not paid such costs within 30
days, the claimant shall return the unpaid funds to the Board.
(h) in the event of an overpayment of a claim, the claimant shall repay
the overpayment within 20 days of request as provided by Government
Code section 12419.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37(d), 2529955, 25299.56 and 25299.57, Health and Safety
Code. -
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. New subsections (d)-(d)(4) and subsection relettering filed 8-8-96; operative
8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of section and Nola filed 10-27-2000; operative 11-26-2000
(ReMster 2000, No. 43).
§ 2812.1. Compliance with Laws; Bid Requirements.
(a) Claimants must follow applicable state laws and regulations in pro-
curing consultant and contractor services and must ensure that such ser-
vices are obtained from qualified firms at a reasonable cost and that the
costs are necessary.
(b) Claimants must obtain at least three written competitive bids with
detailed cost estimates that include unit prices and quantities for correc-
tive action work contracted for on or after December 2, 1991, and to be
perfo,uied by licensed contractors within the meaning of Business and
Professions Code, division 3, chapter 9 (commencing with section 7000).
Claimants must obtain at least three written proposals with detailed cost
estimates that include unit prices and quantities for corrective action
work contracted for on or after December 2, 1991, and to be performed
by professional geologists within the meaning of Business and Profes-
sions Code, division 3, chapter 12.5 (commencing with section 7800) or
by professional engineers within the meaning of Business and Profes-
sions Code, division 3, chapter 7 (commencing with section 6700). The
requisite bids or proposals must conform to the workplans and corrective
action plans prepared pursuant to California Code of Regulations, title
23, division 3, chapter 16, article 11.
(c) Local governmental entities shall comply with applicable public
contract requirements including the requirements of Public Contract
Code, division 2, part 3 (commencing with section 20100).
(d) Claimants are not required to submit proposals or bids when they
initially file a claim, but the Fund will not normally reimburse claimants
for any work for which proposals or bids are required until the costs
claimed are supported by at least three proposals or bids. The Fund may
waive the three -bid or -proposal requirement if the Division fmds that
the requirement is unnecessary, unreasonable, or impossible to comply
with under the circumstances pertaining to a particular claim.
(e) Where this chapter requires a claimant to submit proposals or bids,
the Board will limit reimbursement from the Fund to the amount of the
lowest proposal or bid submitted to the claimant for the work involved
unless:
(1) the Division determines justification exists for rejection of the low-
est proposal or bid; or •
(2) the costs of the work involved are reasonable and necessary, and
the work involved was performed by or under the direction of profession-
'itle 23 State Water Resources Control Board § 2811.4
(2) if the claimant is an operator, the dates during which the claimant
operated the underground storage tank or residential tank that is the sub-
ect of the claim, the person who owned the underground storage tank or
esidential tank during such periods, including the person's last known
:orrespondence address and telephone number, the name and address of
he current owner of the underground storage tank or residential tank in-
+olved, and the prioriry class that would be appropriate for the current
owner if the owner were to file a claim against the Fund;
(3) if the claimant owns the site at which the underground storage tank
or residential tank that is the subject of the claim is located, the date on
which the claimant acquired the site, the person from whom the claimant
acquired the site, and if the site has been transferred, the date of sale and
:he person who acquired the underground storage tank or residential
tank.
(4) the capacity of the underground storage tanks or residential tanks
located at the site and the substances that have been stored therein;
(5) the date on which the claimant first learned of the unauthorized re-
lease;
(6) the date on which any corrective action was initiated and the cur-
rent status of any corrective action in progress;
(7) if corrective action on the site is complete, the date on which such
action was completed; and
(8) a brief description of the corrective action which was undertaken;
(g) a statement of the priority class sought by the claimant and the fol-
lowing documentation to support assignment to that priority class:
(1) for Priority Class A, documentation showing that the property on
which the residential tank is located was owner -occupied at the time of
the discovery of the unauthorized release (e. g., a property tax bill or a util-
ity bill);
(2) for Priority Class B, copies of the claimant's federal tax returns. If
the claimant is a city, county, or district, a copy of the Annual Report of
Financial Transactions as submitted to the State Controller's Office for
the latest fiscal year. If the claimant is a nonprofit organization, a copy
of the annual fiscal report filed with the Registry of Charitable Trust or
a copy of the federal tax records for the latest fiscal year;
(3) for Priority Class C, documentation. identifying the number of fi il-
time and part-time employees (e.g., copy of an Employment Develop-
ment Department form DE6);
(h) a statement of the total amount of costs for which reimbursement
is sought;
(i) a certification that all corrective action costs claimed were incured
for work performed after January 1, 1988;
(j) a certification that the claimant meets all applicable eligibility re-
quirements set forth in section 2811 of this chapter;
(k) an agreement by the claimant that the Board may conduct an audit
of any claim honored by the Board and that the claimant will reimburse
the Board for any disallowance of costs occasioned by such an audit. The
claimant must agree to retain all records pertaining to the claim for a peri-
od of at least three years after final payment by the Fund, and to provide
the records to the Board upon request. The three-year period shall be ex-
tended until the completion of any audit in progress; and
(1) any other information or supporting documentation reasonably re-
quired by the Division to determine the eligibility, reimbursable amount
due, or appropriate priority class of the claim.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37(a), (b) and (e), 25299.52(a)-(b), 25299.54(a)-(e), 25299.55,
25299.57(a), (b), (d) and (1), 25299.58(b)(1), (3) and (4) and 25299.59(c), Health
and Safety Code.
HISTORY
I. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant .to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsections (j), (j)(3), (k), and (1) filed 12-27-94 as an emergen-
cy; operative 12-27-94 (Register 94. No. 52). Notwithstanding Chapter 3.5
(commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Gov-
ernment Code, this section shall not be repealed by deiL and shall remain in ef-
fect until revised by the State Water Resources Control Board, pursuant to
Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section heading and subsection (e) filed 8-8-96; operative
8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No.32).
5. Amendment of section heading, section and NOTE filed 10-27-2000; operative
11-26-2000 (Register 2000, No, 43).
§ 2811.3. Claim Application Requirements; Third Party
Compensation Claims.
Claims for reimbursement of third party compensation costs shall con-
tain the following:
(a) the information described in section 2811.2, subdivisions (a)
through (h);
(b) a certification that the claimant meets all applicable eligibility re-
quirements set forth in section 2811 of this chapter;
(c) a certified or verified copy of the judgment, court -approved settle-
ment, or arbitration award pursuant to which the claimant seeks reim-
bursement;
(d) an agreement' by the claimant that the Board may conduct an audit
of any claim honored by the Board and that the claimant will reimburse
the Board for any disallowance of costs occasioned by such an audit. The
claimant must also agree to retain all records pertaining to the claim for
a period of at least three years after final payment on the claim, and to
provide the records to the Board upon request. The three-year period
shall be extended until the completion of any audit in progress.
(e) any other information or supporting documentation reasonably re-
quired by the Division to determine the eligibility, reimbursable amount
due, and appropriate priority class of the claim.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37(a), (b) and (e), 25299.52(a)-(b), 25299.54(a)-(d), 25299.55,
25299.57(a), (b), (d) and (f), 25299.58 and25299.39(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of section heading filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of section and NoTe filed 10-27-2000; operative 11-26-2000
(Register 2000, No, 43).
§ 2811.4. Pre —Approval of Corrective Action Proposals or
Bids; Assistance with Contractor and
Consultant Selection.
(a) Where a claimant seeks pre -approval of a proposal or bid for pre-
paring a workplan or corrective action plan as specified in the California
Code ofReeuiations, title 23, division 3, chapter 16, article 11, the claim-
ant shall submit copies of all proposals or bids received for preparing the
workplan or corrective action plan.
(b) Where a claimant seeks pre -approval of corrective action propos-
als or bids for implementing a workplan or corrective action plan, the
claimant shall submit the following:
(1) a copy of the workplan or corrective action plan prepared as speci-
fied in the California Code of Regulations, title 23, division 3, chapter 16,
article 11;
(2) a copy of a letter or other written materials that demonstrate to the
Division's satisfaction that the appropriate regulatory agency has di-
rected that a workplan or corrective action plan be prepared, and that the
regulatory agency has concurred with the workplan or corrective action
plan;
(3) copies of all proposals or bids that the claimant received from con-
tractors or consultants for conducting the work specified in the workplan
or corrective action plan. If the claimant has obtained fewer than three
proposals or bids, the claimant must submit a written request that the Di-
vision waive the three bid requirement pursuant to section 2812.1 of this
chapter. The request must include an explanation as to why the three bid
requirement is unnecessary, unreasonable or impossible to comply with
under the circumstances pertaining to the claim; and
(4) other information the Division deems necessary.
(c) The Division shall approve or disapprove as reasonable and neces-
sary the proposals or bids submitted for preparing or implementing the
specified workplan or corrective action plan within 30 days after the date
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
ction 25299.32 of the Health and Safety Code. The Division may
e the requirements of this subdivision if the claimant can demon -
that the conditions specified in subdivisions (i-iv) above were sa-
sfied prior to the release resulting in contamination. That demonstration
be made through a certification issued by the permitting agency
on site and underground storage tank tests at the time of permit ap-
.a.ution, or in any other manner acceptable to the Division.
(3) The claimant has complied with any applicable financial responsi-
requirements.
On or after January 1, 1988, the claimant was required to perform
=rrective action pursuant to Health and Safety Code, division 20, chap-
: 6.7, Water Code, division 7, or section 25299.37 of the Health and
y Code. If the claimant knew of the unauthorized release of petro-
-� that is the subject of the claim before January 1, 1988, and failed
initiate corrective action on or before June 30, 1988, then the claimant
a not file a claim against the Fund.
) Any corrective action performed before December 2, 1991, was
rrned in accordance with Health and Safety Code, division 20, chap-
6.7 and Water Code, division 7. Any corrective action performed on
—"ter December 2, 1991, was performed in accordance with California
r , of Regulations, title 23, division 3, chapter 16, article 11. Any car-
ve action performed was performed in accordance with the written
oral directives of the appropriate regulatory agency. If oral directives
tied upon, the claimant shall provide a written statement from the
atory agency certifying that the directives were issued or other veri-
on as may be acceptable to the Division.
(b) An owner or operator of a residential tank for which a permit is not
ed under section 25284 of the Health and Safety Code shall be en -
to reimbursement for eligible corrective action, regulatory techni-
.i assistance, and third party compensation costs only if the conditions
c forth in subdivisions (a)(1) and (3) of this section are met, and if any
ctive action performed was required to be performed by the regula-
gcncy and was performed in accordance with the written or oral di-
mves of the regulatory agency. If oral directives are relied upon, the
main shall provide a written statement from the regulatory agency
ing that the directives were issued or shall provide such other veri-
n as may be acceptable to the Division.
-TE: Authority cited: Section 25299.77, Health and Safety Cade. Reference:
Mons 25299.37(a)-(c), 25299.54, 25299.57 and 25299.58, Health and Safety
HISTORY
section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
.o effect uninterrupted pursuant to Health and Safety Code section 25299.77
egister 92, No. 9).
orial correctior. of printing errors in HISTORY 1. (Rester 92, No. 43).
endment of subsections (a) and (a)(2), new subsections (a)(2)(A)-(C), and
.rnendment of subsections (b) and (c) filed 12-27-94 as an emergency; opera-
ive 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commenc-
with section 11340) of Part 1 of Division 3 of Title 2 of the Government
e, this section shall not be repealed by OAL and shall remain in effect until
ed by the State Water Resources Control Board, pursuant to Health and
• ety Code section 25299.77, subdivision (b).
editorial correction of subsection (c) (Register 96, No. 32).
ndment of subsections (a)(2)(B)(i) and (a)(2)(C) filed 8-8-96; operative
96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
,,mendment of section heading, section and NoTE filed 10-27-2000; operative
1-26-2000 (Register 2000, No. 43).
1.1. Claim Priority Classes.
e Board will assign each acceptable claim to one of the following
trity classes:
Class A —Claims by owners of residential tanks as defined in ar-
of this chapter.
lass B—Claims by owners and operators of underground storage
s who me-* the definition of a small business as defined in article 2
chanter, and cities, counties, districts, and nonprofit organizations
e total annual revenues of not more than $7,000,000. In determin-
amount of a nonprofit organization's annual revenues, only those
enues directly attributable to the particular site which is the subject of
m will be calculated.
(3) Class C—Claims by owners and operators of underground storage
tanks who own or operate a business that employs fewer than 500 full-
time and part-time employees, is independently owned and operated,
and is not dominant in its field of operation, and claims by cities, coun-
ties, districts, and nonprofit organizations that have less than 500 full-
time and part-time employees. In determining the number of employees
employed by a nonprofit organization, only those full-time and part-
time employees employed at the site that is the subject of the claim will
be calculated.
(4) Class D—Claims by all other owners and operators of underground
storage tanks.
(b) For purposes of assignment to a priority class, the Board will base
the priority of a claim on the lowest priority appropriate for any claimant,
including any joint claimant, the owners and operators at the time of dis-
covery of the unauthorized release, and the owners and operators at the
time of application to the Fund, unless the claimant can demonstrate to
the satisfaction of the Division that such treatment would be inconsistent
with the priority scheme mandated by section 25299.52, subdivision (b)
of the Health and Safety Code.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52(a)-(b) and 25299.54(e)(1)-(2), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsections (a)(1)-(3) filed 12-27-94 as an emergency; opera-
tive 12-27-94 (Register94, No. 52). Notwithstanding Chapter 3.5 (commenc-
ing with section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, this section shall not be repealed by OAL and shall remain in effect until
revised by the State Water Resources Control Board, pursuant to Health and
Safety Code section 25299.77, subdivision (b).
4. Amendment of subsections (a)(2)-(3) filed 8-8-96; operative 8-8-96 pursuant
to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43). .
§ 2811.2. Claim Application Requirements; Claims For
Corrective Action Costs.
A claim for reimbursement of corrective action costs shall contain the
following:
(a) the name of the claimant, a correspondence address, a telephone
number or numbers where the claimant can be contacted during normal
business hours, and a federal tax identification number or social security
number;
(b) if a joint claim is submitted by multiple owners and operators, the
name, correspondence address, telephone number or numbers, tax iden-
tification number or social security number of each claimant. and the
dates during which each claimant owned or operated the underground
storage tank or residential tank that is the subject of the claim;
(c) if the claimant designates arepresentative to be a co -payee forpay-
ment from the Fund, the name, address, and telephone number of the co -
payee;
(d) the site address or a description of the site where the underground
storage tank or residential tank that is the subject of the claim is located,
and a site map drawn to scale which includes a north arrow and distances
relative to the nearest public roads;
(e) any identification number assigned by a regulatory agency, and the
underground storage tank storage fee account number assigned by the
California Board of Equalization, if applicable;
(f) a brief description of the background of the claim, to the best of the
claimant's knowledge, including the following:
(1) if the claimant is an owner, the date on which the claimant acquired
the underground storage tank or residential tank that is the subject of the
claim, the person from whom the claimant acquired the underground
storage tank or residential tank and, if the underground storage tank or
residential tank has been transferred to another person, the date of trans-
fer and the person who acquired the underground storage tank orresiden-
dal tank;
Past15R.f.
Ile 23 State Water Resources Control Board § 2811
Ind for a cost attributable to an occurrence that commenced when a pre-
ous owner or operator had ownership or control over the underground
orage tank or residential tank.
(e) For purposes of subdivisions (c) and (d)(3), an owner or operator
.ay use one of the following to demonstrate that a cost is eligible for re-
abursernent from the Fund because the cast is attributable to an occur -
:rice that commenced after an ineligible owner or operator ceased hav-
ig ownership of or control over the underground storage tank or
:sidential tank.
(1) A regulatory agency has issued a no further action letter for the site
fter the previous, ineligible owner or operator ceased having ownership
f or control over the underground storage tank or residential tank.
(2) A person acquired the real property, underground storage tank, or
sidential tank, or commenced operating at a site in reliance on an envi-
onmentai site assessment that concluded that petroleum contamination
vas not an environmental concern at the site. For purposes of this subdi-
ision, an environmental site assessment must conform to the standards
et forth in subdivision (e)(4) of this section.
(3) After a person acquired the real property, underground storage
ank, or residential tank, or commenced operating at a site, an environ,
nentai site assessment concluded that petroleum contamination was not
;resent at the site at the time of the assessment above regulatory action
evels. For purposes of this subdivision, an environmental site assess-
ment must conform to the standards set forth in subdivision (e)(4) of this
;ection.
(4) A person may rely only on an environmental site assessment that
ronforms with all the standards of this subdivision (e)(4) to demonstrate
:hat a cost to be submitted to the Fund is not attributable to an occurrence
:hat commenced when aprior owner or operator had ownership of or con-
trol over an underground storage tank or residential tank.
(A) the person seeking to submit a claim to the Fund contracted with
the person conducting the environmental site assessment for preparation
of the site assessment;
(B) the environmental site assessment conforms to generally accepted
commercial practices or standards for due diligence;
(C) a professional geologist or professional engineer substantially
controls the environmental site assessment and signs the report of the en-
vironmental site assessment;
(D) the environmental site assessment concludes that petroleum con-
tamination is not an environmental concern because either:
(i) there is no evidence that there has been a release at the property; or
(ii) to the extent there has beer. a release at the property, a regulatory
agency has issued a written statement that no further action is required
for any release identified by the environmental site assessment; and
(E) in those circumstances in which the person preparing the environ-
mental site assessment determines that an underground storage tank or
residential tank is present or has been present on the site, the environmen-
tal site assessment includes sampling at locations that, in the engineer's
or geologist's professional opinion, are most likely to have petroleum
contamination, but at a minimum, includes sampling and analysis of sou
for petroleum constituents at each of the following locations:
(i) underneath the underground storage tank or residential tank,
(ii) at least onee for each twenty linear feet of trench for piping, and
(iii) beneath each dispenser island at the site.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.10, 25299.37(a)-(c), 25299.51(f) and (i), 25299.54, 25299.55,
25299.57 and,25299.58, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. FFiftorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (a)(6) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2810.2. Ineligibility of Cost Prior to January 1, 1988.
NOTE: Authority cited: Section 25299,77, Health and Safety Cade. Reference:
Section 25299.55(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Repealer filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2810.3. Intentional or Reckless Acts; Ineligibility of
Costs.
No ;_. Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.61, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register o2, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Repealer filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§ 2811. Permitting and Other Eligibility Requirements.
(a) An owner or operator of an underground storage tank or a residen-
tial tank for which a permit is required under section 25284 of the Health
and Safety Code shall be entitled to reimbursement for eligible corrective
action, regulatory technical assistance, and third party compensation
costs if all of the following are met:
(1) There was an unauthorized release of petroleum from the under-
ground storage tank or residential tank.
(2) The claimant obtained or applied for any permit required by Health
and Safety Code, division 20, chapter 6.7, if the underground storage
tank or residential tank that is the subject of the claim was installed on or
after January 1, 1990. If the underground storage tank or residential tank
that is the subject of the claim was installed before January 1, 1990, then
the claimant must have obtained any permit required by Health and Safe-
ty Code, division 20, chapter 6.7, or filed a substantially complete ap-
plication for any required permit before January 1, 1990. If the under-
ground storage tank or residential tank that is the subject of the claim was
installed before January 1, 1990, and the claimant did not obtain or file
for a permit as required, then the claimant may obtain a waiver of the per-
mit requirement as set forth in subdivisions (A) and (B) below.
(A) For claims filed prior to January 1, 1994, a claimant may Obtain
a waiver of the permit requirement if the claimant demonstrates to the sat-
isfaction of the Division that obtaining or applying for a permit as re-
quired was beyond the reasonable control of the claimant, or that under
the circumstances of the particular case, it would be unreasonable or in-
equitable to impose the permit requirement. Any claimant who obtains
a waiver of the permit requirement pursuant to this subdivision shall pur-
sue with reasonable diligence and obtain any permit required by Health
and Safety Code, division 20, chapter 6.7.
(B) For claims filed on or after January 1, 1994, a claimant may obtain
a waiver of the permit requirement if the claimant demonstrates all of the
following to the satisfaction of the Division:
(i) The claimant was unaware of the permit requirement before Janu-
ary 1, 1990, and the claimant did nor intentionally avoid the requirement
or associated fees at any time.
(ii) Prior to filing a claim, the claimant complied with the financial re-
sponsibility requirements set forth in section 25299.31 of the Health and
Safety Code.
(iii) Prior to filing a claim, the claimant paid for and obtained any cur-
rently required permit.
(iv) Prior to filing a claim, the claimant paid all currently due storage
fees imposed pursuant to section 25299.41 of the Health and Safety
Code, and all prior fees due on and after January 1, 1991.
(C) A claimant to whom the Division grants a waiver pursuant to sub-
division (B) shall obtain a level of financial responsibility twice as great
as the amount which the claimant is otherwise required to obtain pursuant
Picra 1:SI F
nrr
809.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
§ 2809.1. Recordkeeping.
(a) Owners and operators must maintain evidence of all mechanisms
ed to demonstrate financial responsibility in accordance with the pro-
visions of this article until the provisions of this article no longer require
ch maintenance. Such evidence must be maintained at the underground
rage tank site or sites or the owner or operator's place of business.
(b) Evidence of all mechanisms used, other than a chief financial offi-
cer's letter utilized pursuant to subdivision (c) of section 2808.1, shall be
titained in accordance with the requirements of the Federal Act. A
py of any chief financial officer's letter used pursuant to subdivision
j of section 2808.1 must be maintained on file at the underground stor-
age tank site(s) or the owner or operator's place of business within 5 days
er execution of the letter. The copy of such letter shall be maintained
long as the owner or operator continues to use the letter to demonstrate
nnancial responsibility and must be maintained in addition to the certifi-
cation provided for in subdivision (c) of this section.
(c) An owner or operator using a mechanism allowed by this article
,st maintain an updated copy of a certification of financial responsibil-
ity worded as follows, except that instructions in brackets are to be re -
laced with the relevant information and the brackets deleted:
CERTIFICATION OF FINANCIAL RESPONSIBILITY
(Owner or operator] hereby certifies that [owner or operator] is in
compliance with the requirements of section 2807, article 3, chapter 18,
r1^ ision 3, title 23, California Code of Regulations.
he mechanisms used to demonstrate financial responsibility as re -
red by section 2807 are as follows:
[List the facility and address, each type of mechanism, name of issuer,
chanism number (if applicable), amount of coverage, effective period
overage, and whether the mechanism covers taking corrective action
Jor compensating third parties for bodily injury and property damage]
[Signature of owner or operator]
-Name of owner or operator]
Title]
Date]
[Signature of witness or notary]
Name of witness or notary]
Date]
the owner or operator must update this certification whenever the
mechanisms used to demonstrate financial responsibility change.
: Authority cited: Section 25299.77, Health and Safety Code. Reference:
ons 25299.31 and 25299.33, Health and Safety Code.
HISTORY
. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
effect uninterrupted pursuant to Health and Safety Code section 25299.77
egister 92, No. 9),
total correction of printing errors in HISTORY 1• (Register 92, No. 43).
Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
09.2. Additional Financial Information.
The Division or an appropriate regulatory agency may require an own-
- or operator to submit evidence of financial responsibility or other in-
ation relevant to compliance with this article at any time.
: Authority cited: Section 25299.77, Health and Safety Code. Reference:
actions 25299.31 and 25299.33, Health and Safety Code.
HISTORY
w section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
effect -uninterrupted pursuant to Health and Safety Code section 25299.77
gister 92, No. 9),
editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
ndment of section and NoTE filed 10-27-2000; operative 11-26-2000
aster 2000, No. 43).
Article 4. The Fund
r
0. Types of Claims Permitted.
a) A claimant may submit the following types of claims against the
(1) a claim for reimbursement of corrective action costs incurred for
work performed on or after January 1, 1988;
(2) a claim for reimbursement of third party compensation costs;
(3) a claim for regulatory technical assistance costs incurred for work
performed on or after January 1, 1997; or;
(4) any combination of the foregoing claims.
(b) A claimant may submit only one claim per cost. A claimant must
submit a separate claim for each occurrence, Multiple owners and opera-
tors of a site may submit joint claims.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.51(f) and (i), 25299.54(a), 25299.55(c), 25299.57 and 25299.58,
Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3, Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2810.1. Eligible Claimants.
(a) Only a current or former owner or operator of an underground stor-
age tank or residential tank who has paid or will pay for the costs being
claimed may file a claim against the Fund. In order to file a claim for third
party compensation costs, the owner or operator must be eligible to file
a claim for corrective action costs for the site at which the unauthorized
release occurred, and the judgment, arbitration award, or settlement must
have bean entered or approved after January 1, 1988.
(b) Notwithstanding subdivision (a), a person who owns a site may file
a claim against the Fund if:
(1) an unauthorized release requiring corrective action previously oc-
curred at the site;
(2) the site was the subject of completed corrective action;
(3) as a result of the corrective action identified in subdivisions (b)(1)
and (b)(2), aregulatory agency issued a closure letter stating that no fur-
ther action was required at the site;
(4) the person who completed the corrective action identified in subdi-
visions (b)(1) and (b)(2) was eligible for reimbursement from the Fund
and filed a claim with the Fund;
(5) reimbursements by the Fund for earlier claims at the site did not
exceed the amount of reimbursement authorized by section 2808.2, sub-
division (b) of this chapter; and
(6) a regulatory agency requires additional corrective action at the site
due to additionally discovered contamination from the previous unautho-
rized release.
(c) Purchasers of real property or persons who otherwise acquire real
property on which an underground storage tank or residential tank is si-
tuated may not receive reimbursement from the Fund for a cost attribut-
able to an occurrence that commenced prior to acquisition of the real
property if:
(1) the purchaser or acquirer knew or in the exercise of reasonable dili-
gence would have discovered that an underground storage tank or resi-
dential tank was Iocated on the real property being acquired; and
(2) any person who owned the site or owned or operated an under-
ground storage tank or residential tank at the site prior to acquisition by
the purchaser or acquirer would not have been eligible for reimbursement
from the Fund.
(d)(1) If an owner of an underground storage tank or residential tank
is ineligible to file a claim against the Fund, the operator at the time of
the act or omission causing the owner's ineligibility is also ineligible to
file a claim for the site.
(2) If an operator of an underground storage tank Or residential tank is
ineligible to file a claim against the Fund, the owner at the time of the act
or omission causing the operator's ineligibility is also ineligible to file a
claim for the site.
(3) If a previous owner or operator of an underground storage tank or
residential tank is ineligible to file a claim against the Fund, the current
owner and the current operator may not receive reimbursement from the
Page 158.4
Title 23 State 'Water Resources Control Board § 2809
4. Tangible net worth (subtract line 3 from line 2. Line 4 must be at
least 10 times line 1) $
I hereby certify that the wording of this letter is identical to the wording
specified in section 2808.1, subdivision (c)(1), chapter 18, division 3,
title 23 of the California Code of Regulations.
I declare under penalty of perjury that the foregoing is true and correct
to the best of my knowledge and belief. Executed at [insert: place of ex-
ecution] on [insert: date].
[Signature]
[Narre]
[Title]
(2) the letter must be signed by the date on which the owner or operator
commences use of the alternative allowed by this subdivision and the let-
ter must be renewed within 150 days after the close of each subsequent
fiscal year so long as the owner or operator continues to use this alterna-
tive to demonstrate financial responsibility.
(d) If an owner or operator using the alternative provided by subdivi-
sion (c) of Ibis section no longer meets applicable tangible net worth re-
quirements based on the net worth of the owner or operator as of the close
of the latest completed fiscal year used by the owner or operator, the own-
er or operator must demonstrate the required financial responsibility by
an acceptable alternate mechanism within 150 days of the close of such
fiscal year,
(e) The Division or any appropriate regulatory agency may require re-
ports of financial condition at any time from an owner or operator. If the
Division or regulatory agency finds, an the basis of such reports or other
information, that the owner or operator no longer meets the applicable
tangible net worth requirements, the owner or operator must demonstrate
the required financial responsibility by an acceptable mechanism within
30 days after notification of such finding.
(f) If an owner or operator subject to the requirements of subdivisions
(d) and (e) of this section cannot demonstrate the required financial re-
sponsibility called for by these subdivisions within the time frames stated
therein, the owner or operator must notify the Division and any appropri-
ate regulatory agencies within 10 days after expiration of the time frames
indicated in subdivisions (d) and (e).
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.31, 25299.32, 25299,33 and 25299.58(d), Health and Safety
Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction deleting duplicate text following HISTORY 1. (Register 92,
No. 21).
3. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
4. Amendment of subsections (a)(1), (c), and (d)(1) filed 12-27-94 as an emergen-
cy; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5
(commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Gov-
ernment Code, this section shall not be repealed by OAL and shall remain in ef-
fect until revised by the State Water Resources Control Board, pursuant to
Health and Safety Code section 25299,77, subdivision (b).
5. Repealer and new subsection (a)(1) filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343,4(d) (Register 96, No. 32).
6. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2808.2. Fund Coverage.
(a) An owner or operator using the Fund to demonstrate financial re-
sponsibility shall be liable for all costs of corrective action, third party
compensation, and regulatory technical assistance.
(b) Provided that an owner or operator is in compliance with applica-
ble financial responsibility requirements and meets all requirements for
payment from the Fund, and subject to the availability of funds, the Fund
will reimburse the owner or operator as follows:
(1) for the reasonable and necessary cost of corrective action, third
party compensation, and regulatory technical asistance incurred by the
owner or operator up to an amount not to exceed $1,000,000 for each oc-
currence, less the applicable financial responsibility limits set forth in
section 2808.1, subdivision (a)(1) of this chapter; and
(2) after the Fund has reimbursed an owner or operator the maximum
amount specified in subdivision (b)(1) of this section, up to an additional
$500,000 for each occurrence for the reasonable and necessary cost of
corrective action and regulatory technical assistance in excess of the
amount specified in subdivision (b)(1) of this section.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.32, 25299.57(a), (d) and (j), 25299.58, 25299.59(b), 25299.60 and
25299.81(c)(1), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Repealer of former section 2808.2 and renumbering of former section 2808.3
to section 2808.2, including amendment of section and NOTE, filed
10-27-2000; operative 11-26-2000 (Rester 2000, No. 43).
§ 2808.3, Fund Coverage.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 2529932(a), 25299.57(a) and (d), 25299.58, 25299.59(e) and 25299.77,
Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. New subsection (b) and subsection relenering, amendment of newly designated
subsection (c), new subsection (d) and subsection relettering, and amendment
of newly designated subsection (e) filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
5. Renumbering of section 2808.3 to section 2808.2 filed 10-27-2000; operative
11-26-2000 (Register 2000, No. 43).
§ 2809. Reporting by Owner or Operator.
(a) An owner or operator shall notify the appropriate regulatory
agency, in writing, of compliance with the financial requirements of this
article within 45 days of the appropriate date specified in section 2806.1.
An owner or operator shall notify the appropriate regulatory agency of
compliance with financial responsibility when applying for an initial per-
mit to operate a new underground storage tank containing petroleum.
Thereafter, at the time of permit renewal, an owner or operator shall
notify the appropriate regulatory agency of continued compliance with
the requirements of this article.
(b) An owner or operator must submit a copy of the financial responsi-
bility mechanism or mechanisms being used by the owner or operator,
and otherwise document current compliance with financial responsibil-
ity requirements, upon request of the appropriate regulatory agency un-
der any of the following conditions:
(1) within 30 days after the owner or operator identifies an unautho-
rized release of petroleum which is required to be reported under the Cali-
fornia Code of Regulations, title 23, division 3, chapter i 6, article 5; or
(2) as required by the Federal Act.
NOTE: Authority cited: Section 25299.77, Health and Safety Code, Reference:
Sections 25299.31 and 25299.33, Health and Safety Code,
HISTORY
1. New section fined 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9),
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of subsection (a) Bled 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised '
by the State Water Resources Control Board, pursuant co Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and NorE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
Page 1583
Regiscec tA00, t3o. so ;10-TI -MOO
BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
endment of subsection (a)(4), new subsections (a)(5) and (a)(6), andrepealer
new subsection (b) filed 12-27-94 as an emergency; operative 12-27-94
gister 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section
shall not be repealed by 0 AL and shall remain in effect until revised by the State
ter Resources Contoi Board, pursuant to Health and Safety Code section
99.77, subdivision (b),
endment of subsection (a)(6) filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
endrnent of section and Nora filed 10-27-2000; operative 11-26-2000
gister 2000. No. 43),
2806.2. Demonstration of Compliance with Financial
Responsibility Requirements by Owners and
Operators.
the owner and operator are separate persons, either the owner or op-
rator shall demonstrate compliance with financial responsibility re-
rnents. However, both the owner and operator are responsible for
ring that applicable financial responsibility requirements are met.
E Authority cited: Section 25299.77, Health and Safety Code. Reference:
actions 25299.30 and 25299.31, Health and Safety Code.
HISTORY
w section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
2807. Required Financial Responsibility Amounts.
.) Owners or operators must demonstrate financial responsibility in
mounts required by the Federal Act. Currently the federally required
mum amounts are:
(1) $1 million per occurrence for owners and operators of underground
ge tanks either located at a petroleum marketing facility or which
e an average of more than 10,000 gallons of petroleum per month
d on annual throughput for the previous calendar year; or
(2) $500,000 per occurrence for all owners or operators not included
e preceding subdivision; and
) $1 million annual aggregate coverage for owners or operators of
100 underground storage tanks; or
'4) 52 million annual aggregate coverage for owners or operators of
or more underground storage tanks.
The amounts of assurance required under this section exclude legal
ff . se cost as defined in 40 Code of Federal Regulations, section
10.92.
The required per occurrence and annual aggregate coverage
nts do not in any way limit the liability of the owner or operator.
OTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
ctions 25299.30 and 25299.32, Health and Safety Code.
HISTORY
w section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
effect uninterrupted pursuant to Health and Safety Code section 25299.77
'Register 92, No. 9).
Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
endment of section and Nara flied 10-27-2000; operative 11-26-2000
gister 2000, No. 43).
2808. Demonstration of Financial Responsibility
Through Compliance with Federal -
Requirements.
wners or operators may fulfill federal financial responsibility re-
irements in the manner and through the mechanisms authorized by the
rai Act. Owners or operators who choose to fulfill financial respon-
ty requirements through a mechanism other than the Fund must
et all applicable conditions and requirements, and are subject to all
,iicable provisions contained in the Federal Act.
• Authority cited: Section 25299.77, Health and Safety Code. Reference:
ns 25299.30 and 25299.33, Health and Safety Code. - "
HISTORY
ew section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
ffect uninterrupted pursuant to Health and Safety Code section 25299.77
gister 92, No. 9).
_serial correction of printing errors in HISTORY 1. (Register 92, No. 43).
amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
gisrer 2000, No. 43).
§ 2808.1. Use of Fund to Meet Financial Responsibility
Requirements.
(a) As an alternative to, or in conjunction with, demonstration of finan-
cial responsibility in the manner and through use of other mechanisms
authorized by the Federal Act, an owner or operator may demonstrate fi-
nancial responsibility of up to $1 million through use of the Fund, In or-
der to use the Fund as a basis for demonstration of financial responsibility
for taking corrective action and for compensating third parties for bodily
injury and property damage, an owner or operator must at all times:
(1) demonstrate financial responsibility of at least the following
amount per occurrence and per annual aggregate coverage exclusive of
the Fund:
Claim Priority Class Financial Responsibility
Pursuant to Section 2811.1 Amount
Priority Class A
Priority Class B
Priority Class C
Priority Class D
S-0-
$ 5,000
$ 5,000
$10,000
If a waiver is granted pursuant to section 2811, subdivision (a)(2)(B),
demonstrate financial responsibility of at least twice the above amounts
per occurrence. and per annual aggregate coverage, exclusive of the Fund.
(2) demonstrate financial responsibility for an additional $1 Trillion,
exclusive of the Fund if the owner or operator is required to comply with
the provisions of section 2307, subdivision (a)(4); and
(3) maintain eligibility to participate in the Fund.
(b) An owner or operator may demonstrate the financial responsibility
required by subdivisions (a)(1) and (2) of this section through the use of
any of the mechanisms authorized by the Federal Act, or through the use
of any mechanism specified and approved by the Board. Owners and op-
erators who choose to fulfill financial responsibility requirements in this
manner must meet all applicable conditions and requirements, and are
subject to all applicable provisions, indicated in the Federal Act.
(c) As an alternative to the mechanisms indicated in subdivision (b) of
this section, an owner or operator may demonstrate compliance with
applicable financial responsibility requirements by demonstration of a
tangible net worth of ten times the required minimum applicable annual
aggregate coverage required under or pursuant to subdivision (a)(1) of
this section. The tangible net worth amount must be calculated on the ba-
sis of current market value of tangible assets and must reflect the tangible
net worth of the owner or operator as of the close of the latest completed
fiscal year used by the owner or operator. In order to utilize the alternative
specified in this subdivision, the owner or operator shall ensure that both
of the following occur:
(1) the chief financial officer or the owner or operator must sign. under
penalty of perjury, a letter worded exacdy as follows, except that the in-
structions in brackets are to be replaced by the relevant information and
the brackets deleted:
LEI irR 1~ttOM CHIEF FINANCIAL OFFICER
I am the chief financial officer for [insert: business name, business ad-
dress and correspondence address of the owner or operator]. This letter
is in support of the use of the Underground Storage Tank Cleanup Fund
to demonstrate financial responsibility for taking corrective action and/
or compensating third parties for bodily injury and property damage
caused by an unauthorized release of petroleum in the amount of at least
[insert: dollar amount; per occurrence and [insert: dollar amount] annual
aggregate coverage.
Undergroundstorage tanks at the following facilities are assured by
this letter: [insert: the name and address of each facility where the under-
ground storage tanks for which financial responsibility is being demon-
strated are -located).
1. Amount of annual aggregate coverage being assured by this
letter $
2. Total tangible assets
3. Total liabilities
PRece 14R'1
Title 23 State Water Resources Control Board § 2806.1
"Tangible net worth" means the tangible assets that remain after de-
ducting liabilities. Such assets do not include intangibles such as good
will and rights in patents or royalties.
"Third party" means a person other than an owner of the real property,
or an owner or operator of the underground storage tank or residential
tank that is the subject of a claim. The term does not include current or
former tenants or landlords of the site.
"Third party compensation" means compensation an owner or opera-
tor is legally obligated to pay a third party, whether or not the owner or
operator receives reimbursement from the fund, for bodily injury or prop-
erty damage to the [bird party resulting from an unauthorized release of
petroleum from an underground storage tank or residential tank. Com-
pensation must be made pursuant to a court -approved settlement, a final
judgment other than a default judgment, or an arbitration award by a
court -appointed arbitrator as a result of proceedings conducted in accor-
dance with the Code of Civil Procedure, part 3, title 9 (comrencing with
section 1280), imposing liability on the owner or operator for costs eligi-
ble for reimbursement as set forth in section 2812.2, subdivision (f) of
this chapter.
"Unauthorized release" means any release that does not conform to
Health and Safety Code, division 20, chapter 6.7 (commencing with sec-
tion 25280), whether the release is from a residential tank or a petroleum
underground storage tank, unless the release is authorized by the Board
or a regional board pursuant to Water Code, division 7 (commencing
with section 13000).
"Underground storage tank" means an underground storage t'ink as
defined in Health and Safety Code section 25281, subdivision (x), except
that "underground storage tank" means only those underground storage
tanks that are defined as petroleum underground storage tanks under the
Federal Act. "Underground storage tank" does not include any structures
specifically exempted under California Code of Regulations, title 23,
section 2621.+
NOTE Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25281, 2529911-25299.25, 25299.31, 25299.37, 25299.52,
25299.54(e)(1)-(2), 25299.55, 25299.57, 25299.58 and 25299.61, Health and
Safety Code; and 40 Code of Federal Regulations Section 280.12.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Editorial correction ofpdnting errorrestoring article 2 heading (Register 93, No.
22),
4. Amendment adding defvnitions for "Annual revenue," "Environmental ser-
vices," "General purpose revenues" and "Non profit organization," and amend-
ing definitions for "Designated representative, "Facility," "Residential Tank,"
"Small business," "Third party" and "Underground storage tank" filed
12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Not-
withstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Divi-
sion 3 of Title 2 of the Government Code, this section shall not be repealed by
OAL and shall remain in effect until revised by the State Water Resources Con-
trol Board, pursuant to Health and Safety Code section 25299.77, subdivision
(b).
5. Amendment of definition "Annual review" and new defrnition'Reimbursement
Request" filed 8-8-96; operative 8-8-96 pursuant to Government Code section
11343.4(d) (Register 96, No. 32):
6. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
Article 3. Financial Responsibility
Requirements
§ 2805. Applicability.
(a) This article applies to all owners and operators of underground
storage tanks containing petroleum who, pursuant to the Federal Act, are
required to demonstrate financial responsibility to take corrective action
and compensate third parties for bodily injury and property damage
caused by accidental releases of petroleum. Owners and operators who
are not required to demonstrate financial responsibility by the Federal
Act are not subject to the requirements of this article.
(b) Current federal financial responsibility requirements are contained
in 40 Code of Federal Regulations, part 280 and are incorporated herein
by reference.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No: 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
3. Amendment of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2806. General Responsibility to Meet Federal
Requirements.
(a) All owners and operators subject to this article are required to dem-
onstrate financial responsibility in the amounts and at the times required
by the Federal Act. When owners and operators are no longer required
to demonstrate financial responsibility by the Federal Act, they are no
longer required to demonstrate financial responsibility by this article.
(b) An owner or operator is no longer required to demonstrate financial
responsibilityor maintain evidence thereof for any undc_ round storage
tank that has been permanently closed or, if corrective ac., on is required,
after the corrective action has been completed and the unwrground stor-
age tank has been permanently closed in accordance with the applicable
provisions of Health and Safety Code section 25298, the California Code
of Regulations, title 23, division 3, chapter 16, article 7, and applicable
local requirements.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43),
3. Amendmmegnt of section and NOTE filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2806.1. Current Federal Compliance Dates.
(a) Owners and operators must comply with federal financial responsi-
bility requirements by the date or dates specified in the Federal Act. The
compliance date is determined by the characteristics of the owner as set
forth in 40 Code of Federal Regulations, section 280.91. Currently the
applicable federal compliance dates are:
(1) January 24, 1989 for all petroleum marketing ferns owning 1,000
or more underground storage tanks and all other underground storage
tank owners who report a tangible net worth of 520 million or more to the
U.S. Securities and Exchange Commission (SEC), Dun and Bradstreet,
the Energy Information Administration, or the Rural Electrification Ad-
ministration;
(2) October 26, 1989 for all petroleum marketing firms owning
100-999 underground storage tanks;
(3) April 26, 1991 for all petroleum marketing firms owning 13--99 un-
derground storage tanks at more than one facility;
(4) December 31, 1993 for all petroleum underground storage tank
owners or operators not described in subdivisions (1) through (3) of this
section, excluding local governmental entities;
(5) February 18, 1994 for local governmental entities; and
(6) December 31, 1998 for federally recognized Indian tribes that own
underground storage tanks on Indian lands if those underground stdrage
tanks comply with all current technical requirements, such as leak detec-
tion requirements.
(b) Federal and state agencies are not subject to financial responsibility
requirements.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency;._operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
RESOLUTION NO. 2004 — 59
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH ENVIRONMENTAL BUSINESS SOLUTIONS
TO CONDUCT ENVIRONMENTAL SITE ASSESSMENT,
GROUNDWATER MONITORING, PREPARATION OF PERMITS
AND CLEANUP FUND GRANT REQUESTS FOR THE
PUBLIC WORKS YARD FUEL TANKS AND NATIONAL CITY
POLICE DEPARTMENT MONITORING WELLS AND FUEL TANKS
WHEREAS, the City desires to employ a contractor to provide
environmental consulting services for the Public Works Yard Fuel Facility Underground
Storage Tank Temporary Closure and the National City Police Department Monitoring
and Assessment of Ground Release; and
WHEREAS, the City has determined that Environmental Business
Solutions is an environmental engineering firm and is qualified by experience and ability to
perform the services desired by the City, and is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute on behalf of the City an
Agreement with Environmental Business Solutions to provide environmental consulting
services for the Public Works Yard Fuel Facility Underground Storage Tank Temporary
Closure and the National City Police Department Monitoring and Assessment of Ground
Release. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 20th day of April, 2004.
ATTEST:
APPROVED AS TO FORM:
George H. iser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on April 20, 2004, by
the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City «lerk of the City {fNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-59 of the City of National City, California, passed and adopted by the
Council of said City on April 20, 2004.
City Clerk of the City of National City, California
By:
Deputy
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 3, 2004
Dan Johnson
Environmental Business Solutions
8799 Balboa Avenue Suite 290
San Diego CA 92123
Dear Mr. Johnson,
On April 20, 2004, Resolution No. 2004-59 was passed and adopted by the
City Council of the City of National City, authorizing the Mayor to execute
an agreement with Environmental Business Solutions to conduct
environmental site assessment, groundwater monitoring, preparation of
permits and cleanup fund grant requests for the Public Works yard fuel
tanks and National City Police Department monitoring wells and fuel tanks.
We are forwarding a certified copy of the above Resolution and a fully
executed original agreement.
Sincerely,
Martha L. Alvarez, CMC
Deputy City Clerk
/mla
Enclosure
cc: PW, Eng
File No. C2004-19
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
APRIL 20, 2004
.AEETING DATE
AGENDA ITEM NO. 5
ITEM TITLE Resolution of the City Council of National City awarding a contract to Environmental
Business Solutions to conduct environmental site assessment, groundwater monitoring and preparation of
permits and cleanup fund grant requests, for the Public Works Yard Fuel Tanks and National City Police
Department Monitoring Wells and Fuel Tank.
PREPARED BY Alberto Griego DEPARTMENT Public Works/Engineering
336-4386
EXPLANATION
See attached Explanation
CEnvironmental Review
N/A
Financial Statement
Funds available are: $50,000, through Account No.
196-409-500-598- 1587
Approved By:
Finance Direc
Account No.
STAFF RECOMMENDATION
Adopt the Resolution
dill -
BOARD / COMMISSION RECOMMENDATIO
N/A
ATTACHMENTS ( Listed Below )
1 .Resolution
2. Exhibits 00, 01, 02 and 04 Proposals from Environmental Business Solutions
3. Contract can be viewed in the City Clerk's office.
A-200 (9;99)
Resolution No.
TANKS
EXPLANATION
Public Works Fueling Facility
On February 2, 2004 an Information Report was sent to the City Council to give an account about the
necessity to cease dispensing fuel from the Public Works fueling station due to new environmental
regulations by the Depaitiiient of Environmental Health (DEH) of the County of San Diego and violations
incurred by the existing underground storage tanks (UST's)
As mentioned in the report provisions would be made with the County for a temporary closing permit of
the underground tanks at the yard. Public Works has sent the letter required by the DEH and an intention
to temporary close the fueling facility has been made.
The DEH requires certain measures be made to temporary close the UST's, such as emptying out any
existing fuel, plugging ducts, disconnecting electricity and conducting site assessment activities (such as
assessing the possible presence and concentrations of contaminants in groundwater by way if monitoring
wells at certain locations at the site). Off site fueling of City vehicle continues at designated stations
utilizing individual pin number and car card number system.
National City Police Department (NCPD) Fueling Facility
At the NCPD there exists a UST that has been in violation with the DEH due to not being correctly
permitted and also 6 monitoring wells installed during the construction of the building in the early 1990's,
and which have not been monitored in some years.
We are proposing the monitoring be restored of the existing wells and the temporary closure and future
removal of this tank. In the future their will be acquisition of an above ground storage tank (AGT) whose
advantages are price, simplified permitting, ease in leak detection, avoidance of soil contamination and
environmental sanctions, and violations.
Contract
Environmental Business Solutions (EBS) would be contracted to prepare State UST Cleanup Fund (Fund)
applications, reimbursement requests, and reports for the DEH and the State that would be signed by a
California Registered Geologist; to conduct drilling, sampling and installation of groundwater monitoring
wells; to assist in the disposal of drummed wastewater, soils, rinsate and purged waters, and other tasks as
set forth in Proposal Exhibits 00, 01, 02 and 04 .
The total cost of these proposals is $ 38,894.00, which includes 10% for contingencies due to unknowns
that may be encountered.
This price does not include the physical removal of UST's or cleanup and disposal of contaminated soils.
The costs incurred for the above referenced work will be reimbursable by the Fund. The City has already
applied to the Fund for the unauthorized release at the Public Works yard and received a Letter of
Commitment for $75,000.00 on June 20, 2002. The costs associated with the current proposed work
(Exhibit 00) have already been "preapproved" by the Fund in a letter dated January 28, 2003; therefore,
most if not all of the monies should be recaptured by the City within 120 days of submittal of a
reimbursement request to the Fund.
The City will apply to the Fund for the unauthorized release at the NCPD as well, and once the NCPD is
in the Fund, the monies expended for assessment work at this facility can also be recaptured within 120
days of submittal of a reimbursement request.