Kelsoe

In this case we construe Health and Safety Code section 25299.57 (section 25299.57), which defines eligibility for a state-sanctioned fund for reimbursement of cleanup costs related to leaks from underground storage tanks (UST’s).

Plaintiff Murray Kelsoe sought a writ of mandate in the trial court to set aside a decision of defendant California State Water Resources Control Board (Board) declaring him ineligible for the fund because he lacked a permit for his UST’s on January 1, 1990, 12 years before his 2002 claim for reimbursement, even though he had a permit since 1994. The Board’s decision is based on its interpretation of section 25299.57. The trial court agreed with that interpretation in denying Kelsoe’s mandate petition.

As we explain below, the Board should have considered whether plaintiff was entitled to a waiver of the requirement for a permit on January 1, 1990. Such a permit waiver would allow plaintiff’s current claim for reimbursement. Accordingly, we reverse for the limited purpose of consideration of a permit waiver.

I. STATUTORY BACKGROUND

During all time periods pertinent to this case, Health and Safety Code section 25284 required that no person…