1. (a) An owner or operator using the Fund to demonstrate financial responsibility shall be liable for all costs of corrective action, third party compensation, and regulatory technical assistance.

2. (b) Provided that an owner or operator is in compliance with applicable financial responsibility requirements and meets all requirements for payment from the Fund, and subject to the availability of funds, the Fund will reimburse the owner or operator as follows:

   1. (1) for the reasonable and necessary cost of corrective action, third party compensation, and regulatory technical assistance incurred by the owner or operator up to an amount not to exceed $1,000,000 for each occurrence, less the applicable financial responsibility limits set forth in section 2808.1, subdivision (a)(1) of this chapter; and
   2. (2) after the Fund has reimbursed an owner or operator the maximum amount specified in subdivision (b)(1) of this section, up to an additional $500,000 for each occurrence for the reasonable and necessary cost of corrective action and regulatory technical assistance in excess of the amount specified in subdivision (b)(1) of this section.

Note: Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.32, 25299.57(a), (d) and (j), 25299.58, 25299.59(b), 25299.60 and 25299.81(c)(1), Health and Safety Code.

History

1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).

2. Editorial correction of printing errors in History 1. (Register 92, No. 43).

3. Repealer of former section 2808.2 and renumbering of former section 2808.3 to section 2808.2, including amendment of section and Note, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).