Section 25390.7 Of Article 7.8. Orphan Share Reimbursement Trust Fund From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 7.8.
25390.7
. A claim for reimbursement under paragraph (1) of
subdivision (c) of Section 25390.3 shall not be filed for any of the
following:
(a) Sites listed on the National Priorities List pursuant to the
federal act (42 U.S.C. Sec. 9605(a)(8)(B)).
(b) Sites remediated pursuant to former Chapter 6.85 (commencing
with Section 25396).
(c) Sites, or portions of sites, for which the potentially
responsible party has agreed to take all response action required by
the department or the regional board at the site, and that agreement
is embodied in a written, enforceable settlement agreement,
including, but not limited to, a judicial consent decree, entered
into prior to January 1, 1999.
(d) Sites, or portions of sites, that have been fully remediated
for which the department or the regional board has determined that
the response action is complete prior to January 1, 1999. The
department or the regional board shall not include operation and
maintenance activities in determining whether the response action is
complete under this section.