Landowner Notification

The Health and Safety Code, Section 25297.15 (a) , requires the primary or active responsible party of an underground storage tank (UST) unauthorized release site to notify all current record owners of fee title to the site (land owners) before the Department: 1) considers a site cleanup proposal, 2) considers a site closure proposal, 3) makes a determination that no further action is required, and 4) issues a closure letter.

The primary or active responsible party must notify the Department of all record owner of fee title (landowners) to the site within twenty calendar days of being identified as a responsible party. In addition, if there are any changes to the list of current record owners of fee title (landownership) to the site, the primary responsible party must further notify the Department of the changes within twenty calendar days. All landowner notifications shall be made to the Department on the  List of Landowners Form

If the primary responsible party is the sole landowner, the Department shall be notified using the List of Landowners Form and the above notice requirements do not apply.
 
The primary or active responsible party shall provide notification to the Department that all current record fee title owners have been notified of the Department’s intent to:
  1. Consider a site cleanup proposal (corrective action plan)
  2. Consider a site closure proposal
  3. Make a determination that no further action is required
  4. Issue a closure letter
Documentation of landowner notification shall be provided to the Department using the  Notice of Proposed Action Form

For additional information related to Landowner Notification and Participation Requirements please see the SWRCB’s web page LG-158 New Landowner Notification and Participation Requirements .