Section 25299.93 Of Article 11. Commingled Plume Account From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 11.
25299.93
. (a) A joint claim may be submitted for reimbursement of
corrective action costs for a commingled plume if all of the
following conditions are met:
(1) Each person named in the joint claim is an owner, operator, or
other responsible party ordered to perform corrective action or
remedial action pursuant to this chapter, Chapter 6.7 (commencing
with Section 25280), or Division 7 (commencing with Section 13000) of
the Water Code.
(2) After performing a soil and water investigation in accordance
with Article 11 (commencing with Section 2720) of Chapter 16 of
Division 3 of Title 23 of the California Code of Regulations, the
joint claimants demonstrate to the satisfaction of the local or
regulatory agency and the board that a commingled plume exists and
that every identified unauthorized release or discharge has
contributed substantially to the commingled plume.
(3) At least 85 percent of the commingled plume is comprised of
petroleum contamination resulting from an unauthorized release from a
tank whose owner or operator is eligible for payment of a claim
pursuant to Section 25299.54.
(4) At least two contributing sites involve an unauthorized
release.
(5) The joint claimants have coordinated corrective action as soon
as practicable.
(6) The joint claimants agree to seek preapproval of corrective
action costs in accordance with subdivision (c) of Section 25299.57.
(7) The joint claimants have entered into a written agreement that
provides for a coordinated corrective action plan. The written
agreement shall require the joint claimants to do the following:
(A) Appoint one of the joint claimants to represent the joint
claimants for purposes of interacting with the local or regulatory
agency and the board.
(B) Permit the joint claimants reasonable access to contributing
sites as necessary to perform corrective action.
(C) Identify any corrective action costs incurred at contributing
sites and assess if any of those costs may be eligible for
reimbursement under this chapter.
(D) Estimate responsibility among the joint claimants and provide
a formula or method for apportioning costs that are not eligible for
reimbursement under this chapter or which exceed the limitations
prescribed in Section 25299.94.
(E) Identify all money or other compensation received by any joint
claimant which is related to contamination at any contributing site
or the commingled groundwater plume.
(b) A joint claim may be submitted for reimbursement of third
parties as provided in Section 25299.58 subject to both of the
following conditions:
(1) The conditions set forth in subdivision (a) are satisfied.
(2) An owner or operator named in the joint claim is liable for a
third-party compensation claim.