25299.54
. (a) Except as provided in subdivisions (b), (c), (d),
(e), (g), and (h), an owner or operator, required to perform
corrective action pursuant to Section 25296.10, or an owner or
operator who, as of January 1, 1988, is required to perform
corrective action, who has initiated this action in accordance with
Division 7 (commencing with Section 13000) of the Water Code, who is
undertaking corrective action in compliance with waste discharge
requirements or other orders issued pursuant to Division 7
(commencing with Section 13000) of the Water Code, or Chapter 6.7
(commencing with Section 25280), may apply to the board for
satisfaction of a claim filed pursuant to this article.
(b) A person who has failed to comply with Article 3 (commencing
with Section 25299.30) is ineligible to file a claim pursuant to this
section.
(c) An owner or operator of an underground storage tank containing
petroleum is ineligible to file a claim pursuant to this section if
the person meets both of the following conditions:
(1) The person knew, before January 1, 1988, of the unauthorized
release of petroleum which is the subject of the claim.
(2) The person did not initiate, on or before June 30, 1988, any
corrective action in accordance with Division 7 (commencing with
Section 13000) of the Water Code concerning the release, or the
person did not, on or before June 30, 1988, initiate corrective
action in accordance with Chapter 6.7 (commencing with Section 25280)
or the person did not initiate action on or before June 30, 1988, to
come into compliance with waste discharge requirements or other
orders issued pursuant to Division 7 (commencing with Section 13000)
of the Water Code concerning the release.
(d) An owner or operator who violates Section 25296.10 or a
corrective action order, directive, notification, or approval order
issued pursuant to this chapter, Chapter 6.7 (commencing with Section
25280) of this code, or Division 7 (commencing with Section 13000)
of the Water Code, is liable for a corrective action cost that
results from the owner's or operator's violation and is ineligible to
file a claim pursuant to this section.
(e) Notwithstanding this chapter, a person who owns a tank located
underground that is used to store petroleum may apply to the board
for satisfaction of a claim, and the board may pay the claim pursuant
to Section 25299.57 without making the finding specified in
paragraph (3) of subdivision (d) of Section 25299.57 if all of the
following apply:
(1) The tank meets one of the following requirements:
(A) The tank is located at the residence of a person on property
used exclusively for residential purposes at the time of discovery of
the unauthorized release of petroleum.
(B) The tank owner demonstrates that the tank is located on
property that, on and after January 1, 1985, is not used for
agricultural purposes, the tank is of a type specified in
subparagraph (B) of paragraph (1) of subdivision (y) of Section
25281, and the petroleum in the tank is used solely for the purposes
specified in subparagraph (B) of paragraph (1) of subdivision (y) of
Section 25281 on and after January 1, 1985.
(2) The tank is not a tank described in subparagraph (A) of
paragraph (1) of subdivision (y) of Section 25281 and the tank is not
used on or after January 1, 1985, for the purposes specified in that
subparagraph.
(3) The claimant has complied with Section 25299.31 and the permit
requirements of Chapter 6.7 (commencing with Section 25280), or the
claimant is not subject to the requirements of those provisions.
(f) Whenever the board has authorized the prepayment of a claim
pursuant to Section 25299.57, and the amount of money available in
the fund is insufficient to pay the claim, the owner or operator
shall remain obligated to undertake the corrective action in
accordance with Section 25296.10.
(g) The board shall not reimburse a claimant for any eligible
costs for which the claimant has been, or will be, compensated by
another person. This subdivision does not affect reimbursement of a
claimant from the fund under either of the following circumstances:
(1) The claimant has a written contract, other than an insurance
contract, with another person that requires the claimant to reimburse
the person for payments the person has provided the claimant pending
receipt of reimbursement from the fund.
(2) An insurer has made payments on behalf of the claimant
pursuant to an insurance contract and either of the following
applies:
(A) The insurance contract explicitly coordinates insurance
benefits with the fund and requires the claimant to do both of the
following:
(i) Maintain the claimant's eligibility for reimbursement of costs
pursuant to this chapter by complying with all applicable
eligibility requirements.
(ii) Reimburse the insurer for costs paid by the insurer pending
reimbursement of those costs by the fund.
(B) The claimant received a letter of commitment prior to June 30,
1999, for the occurrence and the claimant is required to reimburse
the insurer for any costs paid by the insurer pending reimbursement
of those costs by the fund.
(h) (1) Except as provided in paragraph (2), a person who
purchases or otherwise acquires real property on which an underground
storage tank or tank specified in subdivision (e) is situated shall
not be reimbursed by the board for a cost attributable to an
occurrence that commenced prior to the acquisition of the real
property if both of the following conditions apply:
(A) The purchaser or acquirer knew, or in the exercise of
reasonable diligence would have discovered, that an underground
storage tank or tank specified in subdivision (e) was located on the
real property being acquired.
(B) A person who owned the site or owned or operated an
underground storage tank or tank specified in subdivision (e) at the
site during or after the occurrence and prior to acquisition by the
purchaser or acquirer would not have been eligible for reimbursement
from the fund.
(2) Notwithstanding paragraph (1), if the claim is filed on or
after January 1, 2003, the board may reimburse the eligible costs
claimed by a person who purchases or otherwise acquires real property
on which an underground storage tank or tank specified in
subdivision (e) is situated, if all of the following conditions
apply:
(A) The claimant is the owner or operator of the underground
storage tank or tank specified in subdivision (e) that had an
occurrence that commenced prior to the owner's acquisition of the
real property.
(B) The claimant satisfies all eligibility requirements, other
than those specified in paragraph (1).
(C) The claimant is not an affiliate of a person whose act or
omission caused or would cause ineligibility for the fund.
(3) If the board reimburses a claim pursuant to paragraph (2), a
person specified in subparagraph (B) of paragraph (1), other than a
person who is ineligible for reimbursement from the fund solely
because the property was acquired from another person who was
ineligible for reimbursement from the fund, shall be liable for the
amount paid from the fund. The Attorney General, upon request of the
board, shall bring a civil action to recover the liability imposed
under this paragraph. All money recovered by the Attorney General
under this paragraph shall be deposited in the fund.
(4) The liability established pursuant to paragraph (3) does not
limit or supersede liability under any other provision of state or
federal law, including common law.
(5) For purposes of this subdivision, the following definitions
shall apply:
(A) "Affiliate" means a person who has one or more of the
following relationships with another person:
(i) Familial relationship.
(ii) Fiduciary relationship.
(iii) A relationship of direct or indirect control or shared
interests.
(B) Affiliates include, but are not limited to, any of the
following:
(i) Parent corporation and subsidiary.
(ii) Subsidiaries that are owned by the same parent corporation.
(iii) Business entities involved in a reorganization, as defined
in Section 181 of the Corporations Code.
(iv) Corporate officer and corporation.
(v) Shareholder that owns a controlling block of voting stock and
the corporation.
(vi) Partner and the partnership.
(vii) Member and a limited liability company.
(viii) Franchiser and franchisee.
(ix) Settlor, trustee, and beneficiary of a trust.
(x) Debtor and bankruptcy trustee or debtor-in-possession.
(xi) Principal and agent.
(C) "Familial relationship" means relationships between family
members, including, and limited to, a husband, wife, child,
stepchild, parent, grandparent, grandchild, brother, sister,
stepbrother, stepsister, stepmother, stepfather, mother-in-law,
father-in-law, brother-in-law, sister-in-law, daughter-in-law,
son-in-law, and, if related by blood, uncle, aunt, niece, or nephew.
(D) "Purchases or otherwise acquires real property" means the
acquisition of fee title ownership or the acquisition of the lessee's
interest in a ground lease of real property on which one or more
underground storage tanks are located if the lease has an initial
original term, including unilateral extension or renewal rights, of
not less than 35 years.
(i) The Legislature finds and declares that the changes made to
subparagraph (A) of paragraph (1) of subdivision (e) by Chapter 1290
of the Statutes of 1992 are declaratory of existing law.
(j) The Legislature finds and declares that the amendment of
subdivisions (a) and (g) by Chapter 328 of the Statutes of 1999 is
declaratory of existing law.