Section 25296.40 Of Chapter 6.7. Underground Storage Of Hazardous Substances From California Health And Safety Code >> Division 20. >> Chapter 6.7.
25296.40
. (a) (1) Any owner or operator, or other responsible
party who has an underground storage tank case and who believes that
the corrective action plan for the site has been satisfactorily
implemented, but where closure has not been granted, may petition the
board for a review of the case.
(2) Upon receipt of a petition pursuant to paragraph (1), the
board may close any underground storage tank case or require closure
of any underground storage tank case where an unauthorized release
has occurred, if the board determines that corrective action at the
site is in compliance with all of the requirements of subdivisions
(a) and (b) of Section 25296.10 and the corrective action regulations
adopted pursuant to Section 25299.3. Before closing or requiring
closure of an underground storage tank case, the board shall provide
an opportunity for reviewing and providing responses to the petition
to the applicable regional board and local agency, and to the water
replenishment district, municipal water district, county water
district, or special act district with groundwater management
authority if the underground storage tank case is located in the
jurisdiction of that district.
(b) An aggrieved person may, not later than 30 days from the date
of final action by the board, pursuant to subdivision (a), file with
the superior court a petition for writ of mandate for review of the
decision. If the aggrieved person does not file a petition for writ
of mandate within the time provided by this subdivision, a board
decision shall not be subject to review by any court. Section 1094.5
of the Code of Civil Procedure shall govern proceedings for which
petitions are filed pursuant to this subdivision. For purposes of
subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the
court shall uphold the decision if the decision is based upon
substantial evidence in light of the whole record.
(c) The authority provided under this section does not limit a
person's ability to petition the board for review under any other
state law.