SECTIONS 25299.10 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25299.10

25299.10. (a) This chapter shall be known, and may be cited, as the
Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989.
(b) The Legislature hereby finds and declares all of the
following:
(1) In order to help ensure an efficient petroleum underground
storage tank cleanup program that adequately protects public health
and safety and the environment and provides for the rapid
distribution of cleanup funds that will assist the state's recovery,
it is in the best interest of the public that the board devote
maximum effort to the expedited processing and payment of all claims
filed pursuant to Sections 25299.57 and 25299.58.
(2) It is estimated that approximately 90 percent of the
underground storage tanks in the state contain petroleum and the
remaining 10 percent of the tanks contain various chemical
constituents.
(3) Although the exact extent of the problem is unknown, it is
thought that a significant number of the underground storage tanks
containing petroleum in the state may be leaking.
(4) In recent years, owners or operators of underground storage
tanks have been unable to obtain affordable environmental impairment
liability insurance coverage to pay for corrective action or the
obtainable coverage has been outside their financial means.
(5) There are long-term threats to public health and water quality
if a comprehensive, uniform, and efficient corrective action program
is not established.
(6) It is in the best interest of the health and safety of the
people of the state to establish a fund to pay for corrective action
where coverage is not available.
(7) A uniform, comprehensive, and efficient program establishing
financial responsibility and corrective action requirements for
leaking underground storage tanks containing petroleum will enable
private commercial insurers to expand the availability and
affordability of insurance coverage.
(8) An efficient program of establishing corrective action
requirements and funds or insurance coverage should encourage
corrective action to be taken in the first instance by the owner or
operator of the leaking underground storage tank containing
petroleum.
(9) Subchapter IX (commencing with Section 6991) of Chapter 82 of
Title 42 of the United States Code provides for regulation of
underground storage tanks and allows underground storage tanks to be
regulated pursuant to a state program, in lieu of a federal program,
in states which are authorized to implement these provisions.
(10) It is in the interest of the people of the state, in order to
avoid direct regulation by the federal government of persons already
subject to regulation under state law pursuant to Chapter 6.7
(commencing with Section 25280), to authorize the state to implement
the provisions of Subchapter IX (commencing with Section 6991) of
Chapter 82 of Title 42 of the United States Code, including any acts
amending or supplementing Subchapter IX and any federal regulations
and guidelines adopted pursuant to Subchapter IX.
(11) It is in the public interest for the state to provide
financial assistance to small businesses and farms which have limited
financial resources, to ensure timely compliance with the law
governing underground storage tanks, and to ensure the adequate
protection of groundwater.
(12) Nothing in this chapter shall be construed as waiving any
immunity provided the state or its departments and agencies by the
United States Constitution.