Amended by Stats. 1991, Ch. 724, Sec. 1. Effective October 9, 1991.
the right of a local agency to regulate tanks which are not subject to regulation under this chapter or the federal act.
California Health and Safety Code — §§ 25299.11-25299.25
Amended by Stats. 1991, Ch. 724, Sec. 1. Effective October 9, 1991.
the right of a local agency to regulate tanks which are not subject to regulation under this chapter or the federal act.
Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989.
Unless the context indicates otherwise, the definitions in this article govern the construction of this chapter.
Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989.
“Bodily injury” has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code and the regulations adopted pursuant thereto.
Amended by Stats. 2001, Ch. 154, Sec. 2. Effective January 1, 2002.
“Claim” means a submittal to the fund for the reimbursement of costs incurred due to an occurrence. A claim consists of several documents, including, but not limited to, the fund application, reimbursement requests, and verification documents.
Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989.
“Corrective action” includes, but is not limited to, evaluation and investigation of an unauthorized release, initial corrective actions measures, as specified in the federal act, and any actions necessary to investigate and remedy any residual effects remaining after the initial corrective action. Except as provided in the federal act, “corrective action” does not include actions to repair or replace an underground storage tank or its associated equipment.
Amended by Stats. 2014, Ch. 544, Sec. 7. (SB 1458) Effective January 1, 2015.
“Environmental impairment liability insurance” means liability insurance against liability for bodily injury, as defined in Section 25299.12, and for property damage, as defined in Section 25299.23, arising from an occurrence, as defined in Section 25299.19.
Added by renumbering Section 25299.15 by Stats. 1990, Ch. 1217, Sec. 2. Effective September 24, 1990.
“Federal act” means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or as it may subsequently be amended or supplemented, and the regulations adopted pursuant thereto.
Added by renumbering Section 25299.16 by Stats. 1990, Ch. 1217, Sec. 4. Effective September 24, 1990.
“Fund” means the Underground Storage Tank Cleanup Fund created pursuant to Section 25299.50.
Added by Stats. 1999, Ch. 812, Sec. 14. Effective January 1, 2000.
“MTBE” means methyl tertiary-butyl ether.
Amended by Stats. 1996, Ch. 611, Sec. 4. Effective January 1, 1997.
“Occurrence” means an accident, including continuous or repeated exposure to conditions, which results in an unauthorized release of petroleum from an underground storage tank. Unauthorized releases at the same site which require only a single site investigation shall be considered as 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.
Added by renumbering Section 25299.19 by Stats. 1990, Ch. 1217, Sec. 6. Effective September 24, 1990.
“Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank containing petroleum. “Operator” 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.
Added by renumbering Section 25299.20 by Stats. 1990, Ch. 1217, Sec. 7. Effective September 24, 1990.
“Owner” means the owner of an underground storage tank containing petroleum.
“Owner” 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.
Added by renumbering Section 25299.21 by Stats. 1990, Ch. 1217, Sec. 8. Effective September 24, 1990.
“Petroleum” means crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute.
Added by renumbering Section 25299.22 by Stats. 1990, Ch. 1217, Sec. 9. Effective September 24, 1990.
“Property damage” has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code and the regulations adopted pursuant thereto.
Amended by Stats. 2008, Ch. 616, Sec. 1. Effective January 1, 2009.
“Tank,” “underground storage tank,” “underground tank system,” and “tank system” have the same meaning as defined in Chapter 6.7 (commencing with Section 25280), except as follows:
Added by Stats. 1989, Ch. 1442, Sec. 5. Effective October 2, 1989.
For purposes of this chapter, “board,” “regional board,” “local agency,” “person,” “unauthorized release,” and “facility” shall have the same meanings as defined in Section 25281. Any other term used in this chapter which is not defined by this article has the same meaning as defined in Section 25281.
Repealed and added by Stats. 2013, Ch. 640, Sec. 11. (SB 763) Effective January 1, 2014. Repealed as of January 1, 2036, pursuant to Section 25299.117.
To defray the costs of the board in administering the loan program created pursuant to this chapter, the board may do all of the following:
collection costs from the borrower or other party.
Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.
If this chapter is repealed pursuant to Section 25299.117, then following the day on which the authority ceases to exist, all moneys in the Petroleum Underground Storage Tank Financing Account and all moneys due that account shall revert to, and accrue to the benefit of, the Underground Storage Tank Cleanup Fund in the State Treasury.
Added by Stats. 2020, Ch. 296, Sec. 10. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.
information pursuant to subdivision (b) or furnishes false information required or requested in connection with a grant or loan issued under this chapter is subject, in accordance with the requirements of subdivision (d) or (e), as applicable, to civil liability of not more than ten thousand dollars ($10,000) for each violation of this subdivision.
(A) The alleged violation is knowing, willful, or intentional.
(B) The person received a material economic benefit from the action that caused
the alleged violation.
(C) The alleged violation is chronic or that person is a recalcitrant violator, as determined pursuant to subdivision (g) of Section 13399 of the Water Code.
may impose the civil liability specified in subdivision (c) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code.
this section are in addition to, and do not supersede or limit, any other civil, administrative, or criminal remedies.
Added by Stats. 2020, Ch. 296, Sec. 11. (AB 3220) Effective January 1, 2021. Repealed as of January 1, 2036, pursuant to Section 25299.117.
liability specified in subdivision (a) administratively in the same manner as the executive director of the board is authorized to impose civil liability pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code.
to the board or local agency, any economic benefits or savings that resulted or would have resulted from the false statement, and other matters as justice may require.
Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.
All persons serving in an exempt position engaged in the performance of a function described in former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code as repealed by Chapter 229 of the Statutes of 2003 or the administration of the program described in that chapter shall be transferred to the board subject to approval by the Department of Finance. This transfer shall not affect the status, positions, and rights of these
persons. Section 19050.9 of the Government Code shall apply to the transfer of persons serving in state civil service who are engaged in the performance of a function or the administration of that chapter.
Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.
The repeal of former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code by Chapter 229 of the Statutes of 2003 shall not be construed to terminate any obligation to pay claims filed, repay loans outstanding, or resolve any cost recovery action filed on or before January 1, 2004.
Added by Stats. 2004, Ch. 624, Sec. 1. Effective September 21, 2004. Repealed as of January 1, 2036, pursuant to Section 25299.117.
A recipient of a grant that was awarded pursuant to former Chapter 8.5 (commencing with Section 15399.10) of Part 6.7 of Division 3 of Title 2 of the Government Code, as that chapter existed on December 31, 2003, and that expired after December 31, 2003, may receive grant funds from the Petroleum Underground Storage Tank Financing Account consistent with the terms of the grant, for one year following enactment of this chapter, notwithstanding expiration of the
grant.
Amended by Stats. 2023, Ch. 561, Sec. 11. (AB 1115) Effective January 1, 2024. Repealed as of January 1, 2036, by its own provisions. Note: Repeal affects Chapter 6.76, commencing with Section 25299.100.
to the board or to recover grant moneys paid but to which the grantee is not entitled.
Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.
For purposes of this chapter, the following definitions apply:
this chapter.
Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.
subdivision (j) of Section 25290.1.
Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.
is domiciled in the state, and the officers of the grant applicant are domiciled in the state.
Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.
be completed or installed for the tank to comply with subdivision (e) or (j) of Section 25290.1, as applicable.
Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.
the requirements of subdivision (e) of Section 25290.1.
Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004. This section is nonoperative pursuant to (and except for) paragraph (1) of subdivision (b).
Added by Stats. 2004, Ch. 649, Sec. 5. Effective September 21, 2004.
shall revert to the Underground Storage Tank Cleanup Fund.