State Water Resources Control Board

Underground Storage Tank Cleanup Fund - Financial Responsibility

Federal Environmental Protection Agency (EPA) regulations (section 280.90, subpart H-Financial Responsibility, part 280, 40 CFR) published on October 26, 1988, requires owners and operators of USTs to demonstrate through insurance coverage or other acceptable mechanisms that they can pay for cleanup and third-party damages resulting from leaks that may occur from their USTs.

On June 9, 1993, the United States EPA approved California's Fund as a mechanism for meeting the federal financial responsibility requirements for USTs containing petroleum.

In order for the Fund to be used as a financial responsibility mechanism, the law requires that the claimant must (1) be the owner or operator of a petroleum UST, (2) be in compliance with applicable financial responsibility requirements, and (3) be in compliance with UST laws and regulations. The Fund works closely with regulatory agencies to determine whether a claimant has made a good faith effort to achieve compliance with the regulations and relies heavily on the recommendation of the regulatory agency when evaluating eligibility.

Where to Mail Certification:

Please send the original to your local agency(ies) [agency(ies) that issues the UST permits].
Keep a copy of the certification at each listed site.
For information for your local agency(ies), refer to http://www.calcupa.net/cupacontactlist.xls.

Questions:

If you have questions about financial responsibility requirements or about the Certification of Financial Responsibility form, please contact:

State Water Resources Control Board - Underground Storage Tank Cleanup Fund
1 -800-813-FUND (3863)
or http://www.waterboards.ca.gov/water_issues/programs/ustcf/howtocontactus.shtml.