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Marla Nahorn
22180 North May Road
Karen A. Collins 1811 Grand Canal Boulevard, Suite 2 Stockton, CA 95207 |
Telephone: 209-367-6998
Email:
mnahorn@softcom.net Telephone: (209) 952-6263 Fax: (209) 952-9891 E-mail: Enviroclosures@sbcglobal.net |
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Recent Developments
Pre-Approval Requests:
Because of staffing reduction, the Tank Fund suspended Pre-Approval Requests as of November 3, 2003.
AB2481-Certification of Compliance with H&SC 25299.54 subd.(h):
Effective January 1, 2003, Assembly Bill 2481 went into effect. AB2481, section 25299.54, subdivision (h) of the H&SC allows a Fund claimant to be eligible for reimbursement from the Fund despite having acquired the site/UST from an ineligible person, IF the Claimant is otherwise eligible and is not affiliated with an ineligible person.
Claimants determined eligible for the Fund under this section must meet the following:
1. The claimant is the owner or operator of the tank that had an occurrence that commenced prior to the owner’s acquisition of the real property;
2. The claimant satisfies all other Fund eligibility requirements; and
3. The claimant is not an affiliate of any person whose act or omission caused or would cause ineligibility for the Fund.
Claimants who were previously rejected because they did not meet the requirements of section 2810.1(c) and/or (d) of the Fund regulations may reapply. As stated in the statutes, a claim must be filed on or after January 1, 2003. A new application must be completed. Existing or previous applications received prior to January 1, 2003 will not be reopened. Backup documents from the existing/previous application may be used. However, with submission of the new application, the claimant must meet all current requirements and must submit all documents currently required by the Fund.
It is important to note you must:
1. Complete required corrective action work with the time frame specified by the regulatory agency;
2. Regulatory approval must be obtained prior to implementing corrective action work;
3. Corrective action costs must be necessary and reasonable. We recommend that you use the Underground Storage Tank Cleanup Fund Cost Guidelines to evaluate the reasonableness of costs for specific corrective actions. A copy of the Cost Guidelines may be downloaded from our website at:
http://www.swrcb.ca.gov/cwphome/ustcf/technicalformsinfo.htm