Section 25299.94 Of Article 11. Commingled Plume Account From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 11.
25299.94
. (a) (1) The board may pay the cost of corrective actions
and third-party compensation claims that are submitted as part of a
joint claim filed on or before December 31, 2014, and that exceed the
amount specified in subdivision (b), but do not exceed an amount
equal to one million five hundred thousand dollars ($1,500,000) per
occurrence, for which an owner or operator named in the joint claim
is eligible for reimbursement under this chapter.
(2) If a claim from a contributing site exceeds one million
dollars ($1,000,000) for an occurrence, the board may only reimburse
costs submitted pursuant to Section 25299.57 for those costs in
excess of one million dollars ($1,000,000).
(3) If a joint claim is filed on or after January 1, 2015, the
board may pay the cost of corrective actions and third-party
compensation claims that are submitted as part of a joint claim and
that exceed the amount specified in subdivision (b), but do not
exceed an amount equal to one million dollars ($1,000,000) per
occurrence, for which an owner or operator named in the joint claim
is eligible for reimbursement under this chapter.
(b) For each joint claim, the board may only pay for the costs of
corrective action and third-party compensation claims that exceed the
aggregate of the levels of financial responsibility required
pursuant to Section 25299.32 for each owner or operator named in the
joint claim.
(c) The costs of corrective action determined eligible for
reimbursement shall be paid before third-party compensation claims.
(d) Except as provided in paragraph (1) of subdivision (e),
reimbursement for costs of corrective action is limited to costs
incurred by the joint claimants after executing an agreement under
paragraph (7) of subdivision (a) of Section 25299.93.
(e) Both of the following costs of corrective action incurred at a
contributing site may be reimbursed in accordance with subdivision
(f):
(1) Costs incurred by an owner or operator before executing an
agreement described in paragraph (7) of subdivision (a) of Section
25299.93.
(2) Costs relating to unauthorized releases that do not contribute
to the commingled plume, but which are included in the occurrence
which is the subject of the joint claim.
(f) An owner or operator may seek reimbursement of costs described
in subdivision (e) by doing either of the following:
(1) Including a payment request for those corrective action costs
with the claim filed under this article.
(2) Filing a claim or maintaining an existing claim under Article
6 (commencing with Section 25299.50).
(g) Any reimbursement received pursuant to subdivision (f) and any
amount excluded from the payment based on the amount of financial
responsibility required to be maintained shall be applied toward the
limitations prescribed in subdivision (a).
(h) The board shall not reimburse a claimant or joint claimant for
any eligible costs for which the claimant or joint claimant has
been, or will be, compensated by another party.