25299.58
. (a) Except as provided in subdivision (d), if the board
makes the determination specified in subdivision (b), the board may
reimburse only those costs that are related to the compensation of
third parties for bodily injury and property damages and that exceed
the level of financial responsibility required to be obtained
pursuant to Section 25299.32, but not more than one million dollars
($1,000,000) for each occurrence.
(b) A claim may be paid if the board makes all of the following
findings:
(1) There has been an unauthorized release of petroleum into the
environment from an underground storage tank.
(2) The claimant has been ordered to pay a settlement or final
judgment for third-party bodily injury or property damage arising
from operating an underground storage tank.
(3) The claimant has complied with Section 25299.31.
(4) (A) Except as provided in subparagraphs (B) and (C), the
claimant has complied with the permit requirements of Chapter 6.7
(commencing with Section 25280). A claimant shall obtain a permit
required by subdivision (a) of Section 25284 for the underground
storage tank that is the subject of the claim when the claimant
becomes subject to subdivision (a) of Section 25284 or when the
applicable local agency begins issuing permits pursuant to
subdivision (a) of Section 25284, whichever occurs later. For the
purpose of this subparagraph, a claimant shall demonstrate compliance
with the permit requirements of Chapter 6.7 (commencing with Section
25280) by submitting copies of the required permits or other
documentation that demonstrates compliance to the satisfaction of the
board.
(B) A claimant who acquires real property on which an underground
storage tank is situated and, despite the exercise of reasonable
diligence, was unaware of the existence of the underground storage
tank when the real property was acquired, has obtained a permit
required by subdivision (a) of Section 25284 for the underground
storage tank that is the subject of the claim within a reasonable
period, not to exceed one year, from when the claimant should have
become aware of the existence of the underground storage tank, or
when the applicable local agency began issuing permits pursuant to
Section 25284, whichever occurs later.
(C) All claimants who file their claim on or after January 1,
2008, and who do not obtain a permit required by subdivision (a) of
Section 25284 in accordance with subparagraph (A) or (B) may seek a
waiver of the requirement to obtain a permit. The board shall waive
the provisions of subparagraphs (A) and (B) as a condition for
payment from the fund if the board finds all of the following:
(i) The claimant was unaware of the permit requirement, and upon
becoming aware of the permit requirement, the claimant complies with
subdivision (a) of Section 25284 or Section 25298 and the regulations
adopted to implement those sections within a reasonable period, not
to exceed one year, from when the claimant became aware of the permit
requirement.
(ii) Prior to submittal of the application to the fund, the
claimant has complied with Section 25299.31 and has obtained and paid
for all permits currently required by this paragraph.
(iii) Prior to submittal of the application to the fund, the
claimant has paid all fees, interest, and penalties imposed pursuant
to Article 5 (commencing with Section 25299.40) of this chapter and
Part 26 (commencing with Section 50101) of Division 2 of the Revenue
and Taxation Code for the underground storage tank that is the
subject of the claim.
(D) (i) A claimant who is exempted pursuant to subparagraph (C)
and who has complied, on or before December 22, 1998, with
subdivision (a) of Section 25284 or Section 25298 and the regulations
adopted to implement those sections, shall obtain a level of
financial responsibility in an amount twice as great as the amount
that the claimant is otherwise required to obtain pursuant to
subdivision (a) of Section 25299.32, but in no event less than ten
thousand dollars ($10,000). All other claimants exempted pursuant to
subparagraph (C) shall obtain a level of financial responsibility
that is four times as great as the amount that the claimant is
otherwise required to obtain pursuant to subdivision (a) of Section
25299.32, but in no event less than twenty thousand dollars
($20,000).
(ii) The board may waive the requirements of clause (i) if the
claimant can demonstrate that the conditions specified in clauses (i)
to (iii), inclusive, of subparagraph (C) were satisfied prior to any
contamination having been caused. The demonstration may be made
through a certification issued by the permitting agency based on a
site evaluation and tank tests at the time of permit application or
in any other manner as may be acceptable to the board.
(E) All claimants who file a claim before January 1, 2008, and who
are not eligible for a waiver of the permit requirements pursuant to
applicable statutes or regulations in effect on the date of the
filing of the claim may resubmit a new claim pursuant to subparagraph
(C) on or after January 1, 2008. The board shall rank all claims
resubmitted pursuant to subparagraph (C) lower than all claims filed
before January 1, 2008, within their respective priority classes
specified in subdivision (b) of Section 25299.52.
(5) The claimant is required to undertake or contract for
corrective action pursuant to Section 25296.10, under the federal
act, or under Section 6973 of Title 42 of the United States Code, or,
as of January 1, 1988, the claimant has initiated corrective action
in accordance with Division 7 (commencing with Section 13000) of the
Water Code or Chapter 6.7 (commencing with Section 25280).
(6) (A) The claimant has paid all fees, interest, and penalties
imposed pursuant to Article 5 (commencing with Section 25299.40) of
this chapter and Part 26 (commencing with Section 50101) of Division
2 of the Revenue and Taxation Code for the underground storage tank
that is the subject of the claim.
(B) The board may accept a claimant's statement certifying to the
best of the claimant's knowledge that payment was made to the State
Board of Equalization to demonstrate satisfaction of the requirements
of subparagraph (A) if both of the following apply:
(1) Records maintained by the State Board of Equalization show
that fees and, if applicable, interest and penalties, have been paid
by the claimant for the period corresponding to the claimant's
ownership or operation of the tank that is the subject of the claim.
(2) The State Board of Equalization and the claimant are not able
to document that the payments received by the State Board of
Equalization were or were not specifically related to the tank that
is the subject of the claim.
(c) A claimant may be reimbursed by the fund for compensation of
third parties for only the following:
(1) Medical expenses.
(2) Actual lost wages or business income.
(3) Actual expenses for remedial action to remedy the effects of
damage to the property of the third party caused by the unauthorized
release of petroleum from an underground storage tank.
(4) The fair market value of the property rendered permanently
unsuitable for use by the unauthorized release of petroleum from an
underground storage tank.
(d) The board shall pay a claim submitted by a person eligible to
submit a claim pursuant to subdivision (e) of Section 25299.54 for
the costs related to the compensation of third parties for bodily
injury and property damages that exceed the level of financial
responsibility required to be obtained pursuant to paragraph (2) of
subdivision (a) of Section 25299.32, but not more than one million
dollars ($1,000,000) for each occurrence.