California Health and Safety Code § 80040

A potentially responsible party may file a claim pursuant to subdivision (a) of Section 80025 only if all of the following apply: (a) The site is listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4. (b) The department or the regional board has approved a final remedy for the site under Article 12 (commencing with Section 79195) of Chapter 5. (c) The department and the potentially responsible party have entered into a written, enforceable cleanup agreement or order embodied in a consent order issued pursuant to Section 78870 or 79055, or the regional board and the potentially responsible party have entered into a written, enforceable cleanup agreement or order that provides for the completion of all response actions necessary at the site, conducted pursuant to this part and under the oversight and at the direction of the department or the regional board. The agreement shall provide for the payment by the potentially responsible party of the department’s or the regional board’s response costs. (d) The potentially responsible party demonstrates, and the department or the regional board finds, that the potentially responsible party has and will have sufficient financial resources to complete all required response actions. (e) The potentially responsible party is in compliance with the agreement provided in subdivision (c), and with any other applicable order or agreement pertaining to the potentially responsible party’s obligations with respect to the site. (f) The potentially responsible party has prepared and provided the information required under subdivision (b) of Section 80070. (g) The claim for reimbursement is for the costs incurred for response actions that were subject to the oversight and approval of the department or the regional board.

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