Section 25299.65 Of Article 6.5. Performance-based Contract From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 6.5.
25299.65
. (a) The claimant shall submit multiple bids for a
performance-based contract in accordance with paragraph (1) of
subdivision (g) of Section 25299.57 and any regulations adopted by
the board to implement that section.
(b) To assist claimants in soliciting bids for performance-based
contract projects, the board shall advertise bid solicitations for
these projects through the board's Web site. The board shall be the
receiving address for the bids, and shall offer other assistance,
upon request, in accordance with the regulations adopted pursuant to
this chapter. The bids shall be sealed prior to submittal to the
board. This subdivision does not prevent the board from approving a
performance-based contract covering multisite cleanups, if the board
determines that economies of scale will assist claimants in
soliciting bids or reducing overall costs.
(c) The sites for which the board may consider approving a
performance-based contract include, but are not limited to, all of
the following:
(1) A site that had an unauthorized release reported to the board,
the regional board, or local agency five or more years ago and
active remediation has not begun.
(2) A site where corrective action has been implemented for two or
more years pursuant to a corrective action plan that was approved by
the board, the regional board, or local agency, but that corrective
action has not been effective in reducing the concentrations of the
constituents of concern to the satisfaction of that board or agency.
(3) A site where corrective action costs are expected to exceed
the maximum fund reimbursement amount prior to case closure.
(4) A site where the board, the regional board, or local agency
has recently determined that an unauthorized release has occurred
that has the potential to impact nearby receptors or otherwise cause
significant impact to the waters of the state.
(5) A site where an unauthorized release of MTBE, as defined in
paragraph (2) of subdivision (a) of Section 25299.97, has occurred
and corrective action has not been initiated or satisfactorily
conducted, as determined by the board, the regional board, or local
agency, or according to any regulations adopted pursuant to Section
25296.30.
(6) A site where the board, the regional board, or local agency
has determined that corrective action other than ongoing monitoring
of groundwater is more likely to reduce the concentrations of
constituents of concern sooner and at a lower cost.
(d) This article does not preclude a claimant from requesting
board approval of a performance-based contract to conduct corrective
action at the claimant's site.