Claims for Orphan Share Reimbursement

Cal. HSC § 80040

California Statutes

A potentially responsible party may file a claim pursuant to subdivision (

a) of

Section only if all of the following apply: (

a) The site is listed pursuant to

Article 5 (commencing with

Section 78760) of

Chapter 4. (

b) The department or the regional board has approved a final remedy for the site under

Article 12 (commencing with

Section 79195) of

Chapter 5. (

c) The department and the potentially responsible party have entered into a written, enforceable cleanup agreement or order embodied in a consent order issued pursuant to

Section or 79055, or the regional board and the potentially responsible party have entered into a written, enforceable cleanup agreement or order that provides for the completion of all response actions necessary at the site, conducted pursuant to this part and under the oversight and at the direction of the department or the regional board. The agreement shall provide for the payment by the potentially responsible party of the department’s or the regional board’s response costs. (

d) The potentially responsible party demonstrates, and the department or the regional board finds, that the potentially responsible party has and will have sufficient financial resources to complete all required response actions. (

e) The potentially responsible party is in compliance with the agreement provided in subdivision (c), and with any other applicable order or agreement pertaining to the potentially responsible party’s obligations with respect to the site. (

f) The potentially responsible party has prepared and provided the information required under subdivision (

b) of

Section 80070. (

g) The claim for reimbursement is for the costs incurred for response actions that were subject to the oversight and approval of the department or the regional board.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 80040
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC80040.20222572

Claims for Orphan Share Reimbursement

Cal. HSC § 80040

California Statutes

Claims for Orphan Share Reimbursement

Cal. HSC § 80040

California Statutes

A potentially responsible party may file a claim pursuant to subdivision (

a) of

Section only if all of the following apply: (

a) The site is listed pursuant to

Article 5 (commencing with

Section 78760) of

Chapter 4. (

b) The department or the regional board has approved a final remedy for the site under

Article 12 (commencing with

Section 79195) of

Chapter 5. (

c) The department and the potentially responsible party have entered into a written, enforceable cleanup agreement or order embodied in a consent order issued pursuant to

Section or 79055, or the regional board and the potentially responsible party have entered into a written, enforceable cleanup agreement or order that provides for the completion of all response actions necessary at the site, conducted pursuant to this part and under the oversight and at the direction of the department or the regional board. The agreement shall provide for the payment by the potentially responsible party of the department’s or the regional board’s response costs. (

d) The potentially responsible party demonstrates, and the department or the regional board finds, that the potentially responsible party has and will have sufficient financial resources to complete all required response actions. (

e) The potentially responsible party is in compliance with the agreement provided in subdivision (c), and with any other applicable order or agreement pertaining to the potentially responsible party’s obligations with respect to the site. (

f) The potentially responsible party has prepared and provided the information required under subdivision (

b) of

Section 80070. (

g) The claim for reimbursement is for the costs incurred for response actions that were subject to the oversight and approval of the department or the regional board.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 80040
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC80040.20222572