SECTIONS 25350-25359.7 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25350-25359.7

25350. For response actions taken pursuant to the federal act, only
those costs for actions that are consistent with the priorities,
guidelines, criteria, and regulations contained in the national
contingency plan, as revised and republished pursuant to Section 105
of the federal act (42 U.S.C. Sec. 9605), shall qualify for
appropriation by the Legislature and expenditure by the director
pursuant to Sections 25351, 25352, and 25354. For response actions
not taken pursuant to the federal act or for response actions taken
that are not specifically addressed by the priorities, guidelines,
criteria, and regulations contained in the national contingency plan,
as revised and republished, the costs thereof shall also qualify for
appropriation by the Legislature and expenditure by the department
pursuant to Sections 25351, 25352, and 25354 provided they are, to
the maximum extent possible, consistent with the priorities,
guidelines, criteria, and regulations contained in the national
contingency plan for similar releases, situations, or events. No
response actions taken pursuant to this chapter by the department or
regional or local agencies shall duplicate federal response actions.

25351.2. (a) A city or county may initiate a removal or remedial
action for a site listed pursuant to Section 25356 in accordance with
this section. Except as provided in subdivision (d), the city or
county shall, before commencing the removal or remedial action, take
all of the following actions:
(1) The city or county shall notify the department of the planned
removal or remedial action. Upon receiving this notification, the
department shall make a reasonable effort to notify any person
identified by the department as a potentially responsible party for
the site. If a potentially responsible party is taking the removal or
remedial action properly and in a timely fashion, or if a
potentially responsible party will commence such an action within 60
days of this notification, the city or county may not initiate a
removal or remedial action pursuant to this section.
(2) If a potentially responsible party for the site has not taken
the action specified in paragraph (1), the city or county shall
submit the estimated cost of the removal or remedial action to the
department, which shall, within 30 days after receiving the estimate,
approve or disapprove the reasonableness of the cost estimate. If
the department disagrees with the cost estimate, the city or county
and the department shall, within 30 days, attempt to enter into an
agreement concerning the cost estimate.
(3) The city or county shall demonstrate to the department that it
has sufficient funds to carry out the approved removal or remedial
action without taking into account any costs of the action that may
be, or have been, paid by a potentially responsible party.
(b) If the director approves the request of the city or county to
initiate a removal or remedial action and a final remedial action
plan has been issued pursuant to Section 25356.1 for the hazardous
substance release site, the city or county shall be deemed to be
acting in place of the department for purposes of implementing the
remedial action plan pursuant to this chapter.
(c) Upon reimbursing a city or county for the costs of a removal
or remedial action, the department shall recover these costs pursuant
to Section 25360.
(d) In order for a city or county to be reimbursed for the costs
of a removal or remedial action incurred by the city or county from
the state account, the city or county shall obtain the approval of
the director before commencing the removal or remedial action. The
director shall grant an approval only when all actions required by
law prior to implementation of a remedial action plan have been
taken.

25351.5. The department shall adopt any regulations necessary to
carry out its responsibilities pursuant to this chapter, including,
but not limited to, regulations governing the expenditure of, and
accounting procedures for, moneys allocated to state, regional, and
local agencies pursuant to this chapter.

25351.7. Any treatment, storage, transfer, or disposal facility
built on the Stringfellow Quarry Class I Hazardous Waste Disposal
Site, that was built for the purpose of a remedial or removal action
at that site, shall only be used to treat, store, transfer, or
dispose of hazardous substances removed from that site.

25351.8. Notwithstanding any other provision of law, including, but
not limited to, Sections 25334.5 and 25356, the department shall
place the highest priority on taking removal and remedial actions at
the Stringfellow Quarry Class I Hazardous Waste Disposal Site and
shall devote sufficient resources to accomplish the tasks required by
this section.

25352. Money deposited in the state account may also be
appropriated by the Legislature to the department on a specific site
basis for the following purposes:
(a) For all costs incurred in restoring, rehabilitating,
replacing, or acquiring the equivalent of, any natural resource
injured, degraded, destroyed, or lost as a result of any release of a
hazardous substance, to the extent the costs are not reimbursed
pursuant to the federal act and taking into account processes of
natural rehabilitation, restoration, and replacement.
(b) For all costs incurred in assessing short-term and long-term
injury to, degradation or destruction of, or any loss of any natural
resource resulting from a release of a hazardous substance, to the
extent that the costs are not reimbursed pursuant to the federal act.
No costs may be incurred for any release of a hazardous substance
from any facility or project pursuant to subdivision (a) or this
subdivision for injury, degradation, destruction, or loss of any
natural resource where the injury, degradation, destruction, or loss
was specifically identified as an irreversible and irretrievable
commitment of natural resources in an environmental impact statement
prepared under the authority of the National Environmental Policy Act
(42 U.S.C. Sec. 4321 et seq.), or was identified as a significant
environmental effect to the natural resources which cannot be avoided
in an environmental impact report prepared pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code), and a decision to grant
a permit, license, or similar authorization for any facility or
project is based upon a consideration of the significant
environmental effects to the natural resources, and the facility or
project was otherwise operating within the terms of its permit,
license, or similar authorization at the time of release.
(c) Notwithstanding Section 25355, the Governor, or the authorized
representative of the state, shall act on behalf of the public as
trustee of the natural resources to recover costs expended pursuant
to subdivision (a) or (b).

25353. (a) Except as provided in (b), the department may not expend
funds from the state account for a removal or remedial action with
respect to a hazardous substance release site owned or operated by
the federal government or a state or local agency at the time of
disposal to the extent that the federal government or the state or
local agency would otherwise be liable for the costs of that action,
except that the department may expend those funds, upon appropriation
by the Legislature, to oversee the carrying out of a removal or
remedial action at the site by another party.
(b) Except as provided in subdivision (f), the department may
expend funds from the state account, upon appropriation by the
Legislature, to take a removal or remedial action at a hazardous
substance release site which was owned or operated by a local agency
at the time of release, if all of the following requirements are met:
(1) The department has substantial evidence that a local agency is
not the only responsible party for the site.
(2) The department has issued a cleanup order to, or entered into
an enforceable agreement with, the local agency pursuant to Section
25355.5 and has made a final determination that the local agency is
not in compliance with the order or enforceable agreement.
(c) The department shall recover any funds expended pursuant to
subdivision (a) or (b) to the maximum possible extent pursuant to
Section 25360.
(d) If a local agency is identified as a potentially responsible
party in a remedial action plan prepared pursuant to Section 25356.1,
and the department expends funds pursuant to this chapter to pay for
the local agency's share of the removal and remedial action, the
expenditure of these funds shall be deemed to be a loan from the
state to the local agency. If the department determines that the
local agency is not making adequate progress toward repaying the loan
made pursuant to this section, the State Board of Equalization
shall, upon notice by the department, withhold the unpaid amount of
the loan, in increments from the sales and use tax transmittals made
pursuant to Section 7204 of the Revenue and Taxation Code, to the
city or county in which the local agency is located. The State Board
of Equalization shall structure the amounts to be withheld so that
complete repayment of the loan, together with interest and
administrative charges, occurs within five years after a local agency
has been notified by the department of the amount which it owes. The
State Board of Equalization shall deposit any funds withheld
pursuant to this section into the state account.
(e) The department may not expend funds from the state account for
the purposes specified in Section 25352 where the injury,
degradation, destruction, or loss to natural resources, or the
release of a hazardous substance from which the damages to natural
resources resulted, has occurred prior to September 25, 1981.
(f) The department may not expend funds from the state account for
a removal or remedial action at any waste management unit owned or
operated by a local agency if it meets both of the following
conditions:
(1) It is classified as a class III waste management unit pursuant
to Subchapter 15 (commencing with Section 2510) of Chapter 3 of
Title 23 of the California Administrative Code.
(2) It was in operation on or after January 1, 1988.

25353.5. (a) (1) Notwithstanding Section 12439 of the Government
Code, the Controller may not eliminate any direct or indirect
position that provides oversight and related support of remediation
and hazardous substance management at a military base, including a
closed military base, that is funded through an agreement with a
party responsible for paying the department's costs, and may not
eliminate any direct or indirect position that is funded by a federal
grant that does not require a state match funded from the General
Fund.
(2) Notwithstanding any other provision of law, including Section
4.10 of the Budget Act of 2003, for the 2003-04 and 2004-05 fiscal
years, the Director of Finance may not eliminate any direct or
indirect position that provides oversight and related support of
remediation and hazardous substance management at a military base,
including a closed military base, that is funded through an agreement
with a party responsible for paying the department's costs, and may
not eliminate any direct or indirect position that is funded by a
federal grant that does not require a state match funded from the
General Fund.
(b) Neither the Controller nor the Department of Finance may
impose any hiring freeze or personal services limitations, including
any position reductions, upon any direct or indirect position of the
department that provides oversight and related support of remediation
and hazardous substance management at a military base, including a
closed military base, that is funded through an agreement with a
party responsible for paying the department's costs, or on any direct
or indirect position that is funded by a federal grant that does not
require a state match funded from the General Fund.
(c) The Controller and Department of Finance shall exclude, from
the department's base for purposes of calculating any budget or
position reductions required by any state agency or any state law,
the specific amounts and direct or indirect positions that provide
oversight and related support of remediation and hazardous substance
management at a military base, including a closed military base, that
are funded through an agreement with a party responsible for paying
the department's costs, and shall exclude the specific amounts and
any direct or indirect positions that are funded by a federal grant
that does not require a state match funded from the General Fund.
(d) Notwithstanding any other provision of law, neither the
Controller nor the Department of Finance may require the department
to reduce authorized positions or other appropriations for other
department programs, including personal services, to replace the
reductions precluded by subdivisions (a), (b), and (c).
(e) Notwithstanding any other provision of law, upon the request
of the department, and upon review and approval by the Department of
Finance, the Controller shall augment any Budget Act appropriations,
except for appropriations from the General Fund, necessary to
implement this section.
(f) (1) This section does not apply to any department
appropriation or expenditure of General Fund moneys.
(2) This section does not limit the authority of the Department of
Finance to eliminate a position when funding for the position,
through an agreement with a party or by a federal grant, is no longer
available.

25354. (a) There is hereby continuously appropriated from the state
account to the department the sum of one million dollars
($1,000,000) for each fiscal year as a reserve account for
emergencies, notwithstanding Section 13340 of the Government Code.
The department shall expend moneys available in the reserve account
only for the purpose of taking immediate corrective action necessary
to remedy or prevent an emergency resulting from a fire or an
explosion of, or human exposure to, hazardous substances caused by
the release or threatened release of a hazardous substance.
(b) (1) Notwithstanding any other provision of law, the department
may enter into written contracts for corrective action taken or to
be taken pursuant to subdivision (a).
(2) Notwithstanding any other provision of law, the department may
enter into oral contracts, not to exceed ten thousand dollars
($10,000) in obligation, when, in the judgment of the department,
immediate corrective action is necessary to remedy or prevent an
emergency specified in subdivision (a).
(3) The contracts made pursuant to this subdivision, whether
written or oral, may include provisions for the rental of tools or
equipment, either with or without operators furnished, and for the
furnishing of labor and materials necessary to accomplish the work.
(4) If the department finds that the corrective action includes
the relocation of individuals, the department may contract with those
individuals for out-of-pocket expenses incurred in moving for an
amount of not more than one thousand dollars ($1,000).
(c) The department shall include in the biennial report specified
in Section 25178 an accounting of the moneys expended pursuant to
this section. Once the appropriation made pursuant to subdivision (a)
is fully expended, the director may file a report with the
Legislature if it is in session or, if it is not in session, with the
Committee on Rules of the Assembly and the Senate as to the moneys
expended pursuant to this section. The Legislature may appropriate
moneys from the state account, in addition to those moneys
appropriated pursuant to subdivision (a), to the department for the
purpose of taking corrective action pursuant to subdivision (a).
(d) Except as provided in subdivision (c), the amount deposited in
the reserve account and appropriated pursuant to this section shall
not exceed one million dollars ($1,000,000) in any fiscal year. On
June 30 of each year, the unencumbered balance of the reserve account
shall revert to and be deposited in the state account.

25354.5. (a) A state or local law enforcement officer or
investigator or other law enforcement agency employee who, in the
course of an official investigation or enforcement action regarding
the manufacture of an illegal controlled substance, comes in contact
with, or is aware of, the presence of a substance that the person
suspects is a hazardous substance at a site where an illegal
controlled substance is or was manufactured, shall notify the
department for the purpose of taking removal action, as necessary, to
prevent, minimize, or mitigate damage that might otherwise result
from the release or threatened release of the hazardous substance,
except for samples required under Section 11479.5 to be kept for
evidentiary purposes.
(b) (1) Notwithstanding any other provision of law, upon receipt
of a notification pursuant to subdivision (a), the department shall
take removal action, as necessary, with respect to a hazardous
substance that is an illegal controlled substance, a precursor of a
controlled substance, a material intended to be used in the unlawful
manufacture of a controlled substance, and a container for the
material, a waste material from the unlawful manufacture of a
controlled substance, or any other item contaminated with a hazardous
substance used or intended to be used in the manufacture of a
controlled substance. The department may expend funds appropriated
from the Illegal Drug Lab Cleanup Account created pursuant to
subdivision (f) to pay the costs of removal actions required by this
section. The department may enter into oral contracts, not to exceed
ten thousand dollars ($10,000) in obligation, when, in the judgment
of the department, immediate corrective action to a hazardous
substance subject to this section is necessary to remedy or prevent
an emergency.
(2) The department shall, as soon as the information is available,
report the location of a removal action that will be carried out
pursuant to paragraph (1), and the time that the removal action will
be carried out, to the local environmental health officer within
whose jurisdiction the removal action will take place, if the local
environmental officer does both of the following:
(A) Requests, in writing, that the department report this
information to the local environmental health officer.
(B) Provides the department with a single 24-hour telephone number
to which the information can be reported.
(c) (1) For purposes of Chapter 6.5 (commencing with Section
25100), Chapter 6.9.1 (commencing with Section 25400.10), or this
chapter, a person who is found to have operated a site for the
purpose of manufacturing an illegal controlled substance or a
precursor of an illegal controlled substance is the generator of a
hazardous substance at, or released from, the site that is subject to
removal action pursuant to this section.
(2) During the removal action, for purposes of complying with the
manifest requirements in Section 25160, the department, the county
health department, the local environmental health officer, or their
designee may sign the hazardous waste manifest as the generator of
the hazardous waste. In carrying out that action, the department, the
county health department, the local environmental health officer, or
their designee shall be considered to have acted in furtherance of
their statutory responsibilities to protect the public health and
safety and the environment from the release, or threatened release,
of hazardous substances, and the department, the county health
department, the local environmental health officer, or their designee
is not a responsible party for the release, or threatened release,
of the hazardous substances.
(3) The officer, investigator, or agency employee specified in
subdivision (a) is not a responsible party for the release, or
threatened release, of hazardous substances at, or released from, the
site.
(d) The department may adopt regulations to implement this section
in consultation with appropriate law enforcement and local
environmental agencies.
(e) (1) The department shall develop sampling and analytical
methods for the collection of methamphetamine residue.
(2) The department shall, to the extent funding is available,
develop health-based target remediation standards for iodine, methyl
iodide, and phosphine.
(3) To the extent that funding is available, the department, using
guidance developed by the Office of Environmental Health Hazard
Assessment, may develop additional health-based target remediation
standards for additional precursors and byproducts of
methamphetamine.
(4) On or before October 1, 2009, the department shall adopt
investigation and cleanup procedures for use in the remediation of
sites contaminated by the illegal manufacturing of methamphetamine.
The procedures shall ensure that contamination by the illegal
manufacturing of methamphetamine can be remediated to meet the
standards adopted pursuant to paragraphs (2) and (3), to protect the
health and safety of all future occupants of the site.
(5) The department shall implement this subdivision in accordance
with subdivision (d).
(f) The Illegal Drug Lab Cleanup Account is hereby created in the
General Fund and the department may expend any money in the account,
upon appropriation by the Legislature, to carry out the removal
actions required by this section and to implement subdivision (e),
including, but not limited to, funding an interagency agreement
entered into with the Office of Environmental Health Hazard
Assessment to provide guidance services. The account shall be funded
by moneys appropriated directly from the General Fund.
(g) The responsibilities assigned to the department by this
section apply only to the extent that sufficient funding is made
available for that purpose.

25355. (a) The Governor is responsible for the coordination of all
state response actions for sites identified in Section 25356 in order
to assure the maximum use of available federal funds.
(b) The director may initiate removal or remedial action pursuant
to this chapter unless these actions have been taken, or are being
taken properly and in a timely fashion, by any responsible party.
(c) (1) At least 30 days before initiating removal or remedial
actions, the department shall make a reasonable effort to notify the
persons identified by the department as potentially responsible
parties and shall also publish a notification of this action in a
newspaper of general circulation pursuant to the method specified in
Section 6061 of the Government Code. This subdivision does not apply
to actions taken pursuant to subdivision (b) of Section 25358.3 or
immediate corrective actions taken pursuant to Section 25354. A
responsible party may be held liable pursuant to this chapter whether
or not the person was given the notice specified in this
subdivision.
(2) (A) Notwithstanding subdivision (a) of Section 25317, any
person may voluntarily enter into an enforceable agreement with the
department pursuant to this subdivision that allows removal or
remedial actions to be conducted under the oversight of the
department at sites with petroleum releases from sources other than
underground storage tanks, as defined in Section 25299.24.
(B) If the department determines that there may be an adverse
impact to water quality as a result of a petroleum release, the
department shall notify the appropriate regional board prior to
entering into the enforceable agreement pursuant to subparagraph (A).
The department may enter into an enforceable agreement pursuant to
subparagraph (A) unless, within 60 days of the notification provided
by the department, the regional board provides the department with a
written notice that the regional board will assume oversight
responsibility for the removal or remedial action.
(C) Agreements entered into pursuant to this paragraph shall
provide that the party will reimburse the department for all costs
incurred including, but not limited to, oversight costs pursuant to
the enforceable agreement associated with the performance of the
removal or remedial actions and Chapter 6.66 (commencing with Section
25269).
(d) The department shall notify the owner of the real property of
the site of a hazardous substance release within 30 days after
listing a site pursuant to Section 25356, and at least 30 days before
initiating a removal or remedial action pursuant to this chapter, by
sending the notification by certified mail to the person to whom the
real property is assessed, as shown upon the last equalized
assessment roll of the county, at the address shown on the assessment
roll. The requirements of this subdivision do not apply to actions
taken pursuant to subdivision (b) of Section 25358.3 or to immediate
corrective actions taken pursuant to Section 25354.

25355.2. (a) Except as provided in subdivision (c), the department
or the regional board shall require any responsible party who is
required to comply with operation and maintenance requirements as
part of a response action, to demonstrate and to maintain financial
assurance in accordance with this section. The responsible party
shall demonstrate financial assurance prior to the time that
operation and maintenance activities are initiated and shall maintain
it throughout the period of time necessary to complete all required
operation and maintenance activities.
(b) (1) For purposes of subdivision (a), the responsible party
shall demonstrate and maintain one or more of the financial assurance
mechanisms set forth in subdivisions (a) to (e), inclusive, of
Section 66265.143 of Title 22 of the California Code of Regulations.
(2) As an alternative to the requirement of paragraph (1), a
responsible party may demonstrate and maintain financial assurance by
means of a financial assurance mechanism other than those listed in
paragraph (1), if the alternative financial assurance mechanism has
been submitted to, and approved by, the department or the regional
board as being at least equivalent to the financial assurance
mechanisms specified in paragraph (1). The department or the regional
board shall evaluate the equivalency of the proposed alternative
financial assurance mechanism principally in terms of the certainty
of the availability of funds for required operation and maintenance
activities and the amount of funds that will be made available. The
department or the regional board shall require the responsible party
to submit any information necessary to make a determination as to the
equivalency of the proposed alternative financial assurance
mechanism.
(c) The department or the regional board shall waive the financial
assurance required by subdivision (a) if the department or the
regional board makes one of the following determinations:
(1) The responsible party is a small business and has demonstrated
all of the following:
(A) The responsible party cannot qualify for any of the financial
assurance mechanisms set forth in subdivisions (b), (c), and (d) of
Section 66265.143 of Title 22 of the California Code of Regulations.
(B) The responsible party financially cannot meet the requirements
of subdivision (a) of Section 66265.143 of Title 22 of the
California Code of Regulations.
(C) The responsible party is not capable of meeting the
eligibility requirements set forth in subdivision (e) of Section
66265.143 of Title 22 of the California Code of Regulations.
(2) The responsible party is a small business and has demonstrated
that the responsible party financially is not capable of
establishing one of the financial assurance mechanisms set forth in
subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22
of the California Code of Regulations while at the same time
financing the operation and maintenance requirements applicable to
the site.
(3) The responsible party is not separately required to
demonstrate and maintain a financial assurance mechanism for
operation and maintenance activities at a site because of all of the
following conditions:
(A) The site is a multiple responsible party site.
(B) Financial assurance that operation and maintenance activities
at the site will be carried out is demonstrated and maintained by a
financial assurance mechanism established jointly by all, or some, of
the responsible parties.
(C) The financial assurance mechanism specified in subparagraph
(B) meets the requirements of subdivisions (a) and (b).
(4) The responsible party is a federal, state, or local government
entity.
(d) The department or the regional board shall withdraw a waiver
granted pursuant to paragraph (1) or (2) of subdivision (c) if the
department or the regional board determines that the responsible
party that obtained the waiver no longer meets the eligibility
requirements for the waiver.
(e) Notwithstanding Section 7550.5 of the Government Code, on or
before January 15, 2001, the department shall report to the
Legislature all of the following:
(1) The number of requests the department and the regional boards
have received for waivers from the financial assurance requirements
of this section during the period between May 26, 1999, and January
1, 2001.
(2) The disposition of the requests that were received and the
reasons for granting the waivers that were allowed and rejecting the
waivers that were disallowed.
(3) The total number of businesses or other entities that were
required by this section to demonstrate and maintain financial
assurance, the number of businesses or other entities that were able
to comply with the requirement, the number that were unable to comply
and the reasons why they could not or did not comply, and the
history of compliance with this chapter and Chapter 6.5 (commencing
with Section 25100) by responsible parties that requested waivers.
(4) Financial assurance mechanisms other than the financial
assurance mechanisms referenced in paragraph (1) of subdivision (b)
that may be available to responsible parties.
(f) For purposes of this section, "small business" is a business
that meets the requirements set forth in subdivision (d) of Section
14837 of the Government Code.

25355.5. (a) Except as provided in subdivisions (b), (c), and (d),
no money shall be expended from the state account for removal or
remedial actions on any site selected for inclusion on the list
established pursuant to Section 25356, unless the department first
takes both of the following actions:
(1) The department issues one of the following orders or enters
into the following agreement:
(A) The department issues an order specifying a schedule for
compliance or correction pursuant to Section 25187.
(B) The department issues an order establishing a schedule for
removing or remedying the release of a hazardous substance at the
site, or for correcting the conditions that threaten the release of a
hazardous substance. The order shall include, but is not limited to,
requiring specific dates by which necessary corrective actions shall
be taken to remove the threat of a release, or dates by which the
nature and extent of a release shall be determined and the site
adequately characterized, a remedial action plan shall be prepared,
the remedial action plan shall be submitted to the department for
approval, and a removal or remedial action shall be completed.
(C) The department enters into an enforceable agreement with a
potentially responsible party for the site that requires the party to
take necessary corrective action to remove the threat of the
release, or to determine the nature and extent of the release and
adequately characterize the site, prepare a remedial action plan, and
complete the necessary removal or remedial actions, as required in
the approved remedial action plan.
Any enforceable agreement entered into pursuant to this section
may provide for the execution and recording of a written instrument
that imposes an easement, covenant, restriction, or servitude, or
combination thereof, as appropriate, upon the present and future uses
of the site. The instrument shall provide that the easement,
covenant, restriction, or servitude, or combination thereof, as
appropriate, is subject to the variance or removal procedures
specified in Sections 25233 and 25234. Notwithstanding any other
provision of law, an easement, covenant, restriction, or servitude,
or any combination thereof, as appropriate, executed pursuant to this
section and recorded so as to provide constructive notice runs with
the land from the date of recordation, is binding upon all of the
owners of the land, their heirs, successors, and assignees, and the
agents, employees, or lessees of the owners, heirs, successors, and
assignees, and is enforceable by the department pursuant to Article 8
(commencing with Section 25180) of Chapter 6.5.
(2) The department determines, in writing, that the potentially
responsible party or parties for the hazardous substance release site
have not complied with all of the terms of an order issued pursuant
to subparagraph (A) or (B) of paragraph (1) or an agreement entered
into pursuant to subparagraph (C) of paragraph (1). Before the
department determines that a potentially responsible party is not in
compliance with the order or agreement, the department shall give the
potentially responsible party written notice of the proposed
determination and an opportunity to correct the noncompliance or show
why the order should be modified. After the department has made the
final determination that a potentially responsible party is not in
compliance with the order or agreement, the department may expend
money from the state account for a removal or remedial action.
(b) Subdivision (a) does not apply, and money from the state
account shall be available, upon appropriation by the Legislature,
for removal or remedial actions, if any of the following conditions
apply:
(1) The department, after a reasonable effort, is unable to
identify a potential responsible party for the hazardous substance
release site.
(2) The department determines that immediate corrective action is
necessary, as provided in Section 25354.
(3) The director determines that removal or remedial action at a
site is necessary because there may be an imminent and substantial
endangerment to the public health or welfare or to the environment.
(c) Notwithstanding subdivision (a), the department may expend
funds, upon appropriation by the Legislature, from the state account
to conduct activities necessary to verify that an uncontrolled
release of hazardous substances has occurred at a suspected hazardous
substance release site, to issue an order or enter into an
enforceable agreement pursuant to paragraph (1) of subdivision (a),
and to review, comment upon, and approve or disapprove remedial
action plans submitted by potentially responsible parties subject to
the orders or the enforceable agreement.
(d) Notwithstanding subdivision (a), the department may expend
funds, upon appropriation by the Legislature, from the state account,
to provide for oversight of removal and remedial actions, or, if the
site is also listed on the federal act (42 U.S.C. Sec. 9604(c)(3)),
to provide the state's share of a removal or remedial action.
(e) A responsible party who fails, as determined by the department
in writing, to comply with an order issued pursuant to subparagraph
(A) or (B) of paragraph (1) of subdivision (a), or to comply with all
of the terms of an enforceable agreement entered into pursuant to
subparagraph (C) of paragraph (1) of subdivision (a), shall be
deemed, for purposes of subdivision (b) of Section 25355, to have
failed to take action properly and in a timely fashion with respect
to a hazardous substance release or a threatened release.

25355.6. (a) The State Water Resources Control Board or a
California regional water quality control board that has jurisdiction
over a hazardous substance release site pursuant to Division 7
(commencing with Section 13000) of the Water Code may refer the site
to the department as a candidate for listing pursuant to Section
25356. After determining that the site meets the criteria adopted
pursuant to subdivision (a) of Section 25356, the department may
place the site on the list of sites subject to this chapter and
establish its priority ranking pursuant to Section 25356.
(b) If a hazardous substance release site is referred to the
department and is listed pursuant to subdivision (a), the department
may expend money from the state account for removal or remedial
action at the site, upon appropriation by the Legislature, without
first issuing an order or entering into an agreement pursuant to
paragraph (1) of subdivision (a) of Section 25355.5, if all of the
following apply:
(1) The State Water Resources Control Board or a California
regional water quality control board has issued either a cease and
desist order pursuant to Section 13301 of the Water Code or a cleanup
and abatement order pursuant to Section 13304 of the Water Code to
the potentially responsible party for the site.
(2) The State Water Resources Control Board or the California
regional water quality control board has made a final finding that
the potentially responsible party has not complied with the order
issued pursuant to paragraph (1).
(3) The State Water Resources Control Board or the California
regional water quality control board has notified the potentially
responsible party of the determination made pursuant to paragraph (2)
and that the hazardous substance release site has been referred to
the department pursuant to subdivision (a).
(c) If a hazardous substance release site is referred to the
department pursuant to subdivision (a), and the department makes
either of the following determinations, the department shall notify
the appropriate California regional water quality control board and
the State Water Resources Control Board:
(1) The department determines that the site does not meet the
criteria established pursuant to subdivision (a) and the site cannot
be placed, pursuant to Section 25356, on the list of sites subject to
this chapter.
(2) The department determines that a removal or remedial action at
the site will not commence for a period of one year from the date of
listing due to a lack of funds or the low priority of the site.
(d) If a California regional water resources control board or the
State Water Resources Control Board receives a notice pursuant to
subdivision (c), the regional board or state board may take any
further action concerning the hazardous substance release site which
the regional board or state board determines to be necessary or
feasible, and which is authorized by this chapter or Division 7
(commencing with Section 13000) of the Water Code.

25355.7. The department and the State Water Resources Control Board
concurrently shall establish policies and procedures consistent with
this chapter that the department's representatives shall follow in
overseeing and supervising the activities of responsible parties who
are carrying out the investigation of, and taking removal or remedial
actions at, hazardous substance release sites. The policies and
procedures shall be consistent with the policies and procedures
established pursuant to Section 13307 of the Water Code, and shall
include, but are not limited to, all of the following:
(a) The procedures the department will follow in making decisions
as to when a potentially responsible party may be required to
undertake an investigation to determine if a hazardous substance
release has occurred.
(b) Policies for carrying out a phased, step-by-step investigation
to determine the nature and extent of possible soil and groundwater
contamination at a site.
(c) Procedures for identifying and utilizing the most
cost-effective methods for detecting contamination and carrying out
removal or remedial actions.
(d) Policies for determining reasonable schedules for
investigation and removal or remedial action at a site. The policies
shall recognize the dangers to public health and the environment
posed by a release and the need to mitigate those dangers, while
taking into account, to the extent possible, the financial and
technical resources available to a responsible party.

25355.8. (a) The department shall not agree to oversee the
preparation of, or to review, a preliminary endangerment assessment
for property if action is, or may be, necessary to address a release
or threatened release of a hazardous substance, and the department
shall not issue a letter stating that no further action is necessary
with regard to property, unless the person requesting the department
action does either of the following:
(1) Provides the department with all of the following:
(A) Proof of the identity of all current record owners of fee
title to the property and their mailing addresses.
(B) Written evidence that the owners of record have been sent a
notice that describes the actions completed or proposed by the
requesting person.
(C) An acknowledgment of the receipt of the notice required in
subparagraph (B), from the property owners or proof that the
requesting person has made reasonable efforts to deliver the notice
to the property owner and was unable to do so.
(2) Proof of the identity of all current record owners of fee
title to the property and proof that the requesting person has made
reasonable efforts to locate the property owners and was unable to do
so.
(b) The department shall take all reasonable steps necessary to
accommodate property owner participation in the site remediation
process and shall consider all input and recommendations received
from the owner of property which is the subject of the proposed
action.
(c) This section only applies to instances where a person requests
the department to oversee the preparation of, or to review, a
preliminary endangerment assessment, or requests the department to
issue a letter stating that no further action is necessary with
regard to property. Nothing in this section imposes a condition upon,
limits, or impacts in any way, the department's authority to compel
any potentially responsible party to take any action in response to a
release or threatened release of a hazardous substance or to recover
costs incurred from any potentially responsible party.

25356. (a) (1) The department shall adopt, by regulation, criteria
for the selection of hazardous substance release sites for a response
action under this chapter. The criteria shall take into account
pertinent factors relating to public health, safety and the
environment, which shall include, but are not necessarily limited to,
potential hazards to public health, safety or the environment, the
risk of fire or explosion, and toxic hazards, and shall also include
the criteria established pursuant to Section 105(8) of the federal
act (42 U.S.C. Sec. 9605(8)).
(2) The criteria adopted pursuant to paragraph (1) may include a
minimum hazard threshold, below which sites shall not be listed
pursuant to this section, if the sites are subject to the authority
of the department to order a response action, or similar action,
pursuant to Chapter 6.5 (commencing with Section 25100).
(b) (1) The department shall publish and revise, at least
annually, a listing of the hazardous substance release sites selected
for, and subject to, a response action under this chapter. The
department shall list the sites based upon the criteria adopted
pursuant to subdivision (a) and the extent to which deferral of a
response action at a site will result, or is likely to result, in a
rapid increase in response costs at the site or in a significant
increase in risk to human health or safety or the environment.
(2) The list of sites established pursuant to this subdivision
shall be published by the department and made available to the public
or any interested person upon request and without cost. The
department shall list sites alphabetically within each priority tier,
as specified in subdivision (c), and shall update the list of sites
at least annually to reflect new information regarding previously
listed sites or the addition of new sites requiring response actions.
(c) The department shall assign each site listed pursuant to
subdivision (b) to one of the following priority tiers for the
purpose of informing the public of the relative hazard of listed
sites:
(1) "Priority tier one" shall include any site that the department
determines, using the criteria described in subdivision (b), meets
any of the following conditions:
(A) The site may pose a known or probable threat to public health
or safety through direct human contact.
(B) The site may pose a substantial probability of explosion or a
fire or a significant risk due to hazardous air emissions.
(C) The site has a high potential to contaminate or to continue to
contaminate groundwater resources that are present or possible
future sources of drinking water.
(D) There is a risk that the costs of a response action will
increase rapidly or risks to human health or safety or the
environment will increase significantly if response action is
deferred.
(2) "Priority tier two" shall include any site that poses a
substantial but less immediate threat to public health or safety or
the environment and any site that will require a response action, but
presents only a limited and defined threat to human health or safety
or the environment. Priority tier two may contain sites previously
listed in priority tier one if the department determines that direct
threats to human health or safety have been removed and if physical
deterioration of the site has been stabilized so that threats to the
environment are not significantly increasing.
(d) Hazardous substance release sites listed by the department
pursuant to subdivision (b) are subject to this chapter and all
actions carried out in response to hazardous substance releases or
threatened releases at listed sites shall comply with the procedures,
standards, and other requirements set forth in this chapter or
established pursuant to the requirements of this chapter.
(e) (1) The adoption of the minimum hazard threshold pursuant to
paragraph (2) of subdivision (a), the department's development and
publication of the list of sites pursuant to subdivision (b), and the
assignment of sites to a tier pursuant to subdivision (c), including
the classification of a site as within a minimum threshold pursuant
to subdivision (c), are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(2) The adoption of the criteria used by the department pursuant
to subdivision (b) to determine the extent to which deferral of a
response action at a site will result, or is likely to result, in a
rapid increase in response costs at a site or in a significant
increase in risk to human health or safety or the environment is
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(f) (1) Except as provided in paragraph (2), the department shall
expend all funds appropriated to the department for any response
action pursuant to this chapter, and shall take all response action
pursuant to this chapter, in conformance with the assignment of sites
to priority tiers pursuant to subdivision (c).
(2) The department may expend funds appropriated for a response
action and take a response action, without conforming to the listing
of sites by tier pursuant to subdivision (c), or at a site that has
not been listed pursuant to subdivision (b), if any of the following
apply:
(A) The department is monitoring a response action conducted by a
responsible party at a site listed pursuant to subdivision (b) or at
a site that is not listed but is being voluntarily remediated by a
responsible party or another person.
(B) The expenditure of funds is necessary to pay for the state
share of a response action pursuant to Section 104(c)(3) of the
federal act (42 U.S.C. Sec. 9604(c)(3)).
(C) The department is assessing, evaluating, and characterizing
the nature and extent of a hazardous substance release at a site for
which the department has not been able to identify a responsible
party, the responsible party is defunct or insolvent, or the
responsible party is not in compliance with an order issued, or an
enforceable agreement entered into, pursuant to subdivision (a) of
Section 25355.5.
(D) The department is carrying out activities pursuant to
paragraph (2) or (3) of subdivision (b) of, or subdivision (c) or (d)
of, Section 25355.5.
(3) The department may, at any one time, expend funds and take a
response action at more than one site on the list established
pursuant to subdivision (b). In addition, the department may, at any
one time, oversee the performance of any activities conducted by a
responsible party on more than one site on the list established
pursuant to subdivision (b).
(g) This section does not require the department to characterize
every site listed pursuant to subdivision (b) before the department
begins response actions at those sites.
(h) The department, or, if appropriate, the California regional
water quality board, is the state agency with sole responsibility for
ensuring that required action in response to a hazardous substance
release or threatened release at a listed site is carried out in
compliance with the procedures, standards, and other requirements set
forth in this chapter, and shall, as appropriate, coordinate the
involvement of interested or affected agencies in the response
action.

25356.1. (a) For purposes of this section, "regional board" means a
California regional water quality control board and "state board"
means the State Water Resources Control Board.
(b) Except as provided in subdivision (h), the department, or, if
appropriate, the regional board shall prepare or approve remedial
action plans for the sites listed pursuant to Section 25356.
(c) A potentially responsible party may request the department or
the regional board, when appropriate, to prepare or approve a
remedial action plan for a site not listed pursuant to Section 25356,
if the department or the regional board determines that a removal or
remedial action is required to respond to a release of a hazardous
substance. The department or the regional board shall respond to a
request to prepare or approve a remedial action plan within 90 days
of receipt. This subdivision does not affect the authority of a
regional board to issue and enforce a cleanup and abatement order
pursuant to Section 13304 of the Water Code or a cease and desist
order pursuant to Section 13301 of the Water Code.
(d) All remedial action plans prepared or approved pursuant to
this section shall be based upon Section 25350, Subpart E of the
National Oil and Hazardous Substances Pollution Contingency Plan (40
C.F.R. 300.400 et seq.), and any amendments thereto, and upon all of
the following factors, to the extent that these factors are
consistent with these federal regulations and do not require a less
stringent level of cleanup than these federal regulations:
(1) Health and safety risks posed by the conditions at the site.
When considering these risks, the department or the regional board
shall consider scientific data and reports which may have a
relationship to the site.
(2) The effect of contamination or pollution levels upon present,
future, and probable beneficial uses of contaminated, polluted, or
threatened resources.
(3) The effect of alternative remedial action measures on the
reasonable availability of groundwater resources for present, future,
and probable beneficial uses. The department or the regional board
shall consider the extent to which remedial action measures are
available that use, as a principal element, treatment that
significantly reduces the volume, toxicity, or mobility of the
hazardous substances, as opposed to remedial actions that do not use
this treatment. The department or the regional board shall not select
remedial action measures that use offsite transport and disposal of
untreated hazardous substances or contaminated materials if practical
and cost-effective treatment technologies are available.
(4) Site-specific characteristics, including the potential for
offsite migration of hazardous substances, the surface or subsurface
soil, and the hydrogeologic conditions, as well as preexisting
background contamination levels.
(5) Cost-effectiveness of alternative remedial action measures. In
evaluating the cost-effectiveness of proposed alternative remedial
action measures, the department or the regional board shall consider,
to the extent possible, the total short-term and long-term costs of
these actions and shall use, as a major factor, whether the deferral
of a remedial action will result, or is likely to result, in a rapid
increase in cost or in the hazard to public health or the environment
posed by the site. Land disposal shall not be deemed the most
cost-effective measure merely on the basis of lower short-term cost.
(6) The potential environmental impacts of alternative remedial
action measures, including, but not limited to, land disposal of the
untreated hazardous substances as opposed to treatment of the
hazardous substances to remove or reduce its volume, toxicity, or
mobility prior to disposal.
(e) A remedial action plan prepared pursuant to this section shall
include the basis for the remedial action selected and shall include
an evaluation of each alternative considered and rejected by the
department or the regional board for a particular site. The plan
shall include an explanation for rejection of alternative remedial
actions considered but rejected. The plan shall also include an
evaluation of the consistency of the selected remedial action with
the requirements of the federal regulations and the factors specified
in subdivision (d), if those factors are not otherwise adequately
addressed through compliance with the federal regulations. The
remedial action plan shall also include a nonbinding preliminary
allocation of responsibility among all identifiable potentially
responsible parties at a particular site, including those parties
which may have been released, or may otherwise be immune, from
liability pursuant to this chapter or any other provision of law.
Before adopting a final remedial action plan, the department or the
regional board shall prepare or approve a draft remedial action plan
and shall do all of the following:
(1) Circulate the draft plan for at least 30 days for public
comment.
(2) Notify affected local and state agencies of the removal and
remedial actions proposed in the remedial action plan and publish a
notice in a newspaper of general circulation in the area affected by
the draft remedial action plan. The department or the regional board
shall also post notices in the location where the proposed removal or
remedial action would be located and shall notify, by direct
mailing, the owners of property contiguous to the site addressed by
the plan, as shown in the latest equalized assessment roll.
(3) Hold one or more meetings with the lead and responsible
agencies for the removal and remedial actions, the potentially
responsible parties for the removal and remedial actions, and the
interested public, to provide the public with the information that is
necessary to address the issues that concern the public. The
information to be provided shall include an assessment of the degree
of contamination, the characteristics of the hazardous substances, an
estimate of the time required to carry out the removal and remedial
actions, and a description of the proposed removal and remedial
actions.
(4) Comply with Section 25358.7.
(f) After complying with subdivision (e), the department or the
regional board shall review and consider any public comments, and
shall revise the draft plan, if appropriate. The department or the
regional board shall then issue the final remedial action plan.
(g) (1) A potentially responsible party named in the final
remedial action plan issued by the department or the regional board
may seek judicial review of the final remedial action plan by filing
a petition for writ of mandate pursuant to Section 1085 of the Code
of Civil Procedure within 30 days after the final remedial action
plan is issued by the department or the regional board. Any other
person who has the right to seek judicial review of the final
remedial action plan by filing a petition for writ of mandate
pursuant to Section 1085 of the Code of Civil Procedure shall do so
within one year after the final remedial action plan is issued. No
action may be brought by a potentially responsible party to review
the final remedial action plan if the petition for writ of mandate is
not filed within 30 days of the date that the final remedial action
plan was issued. No action may be brought by any other person to
review the final remedial action plan if the petition for writ of
mandate is not filed within one year of the date that the final
remedial action plan was issued. The filing of a petition for writ of
mandate to review the final remedial action plan shall not stay any
removal or remedial action specified in the final plan.
(2) For purposes of judicial review, the court shall uphold the
final remedial action plan if the plan is based upon substantial
evidence available to the department or the regional board, as the
case may be.
(3) This subdivision does not prohibit the court from granting any
appropriate relief within its jurisdiction, including, but not
limited to, enjoining the expenditure of funds pursuant to paragraph
(2) of subdivision (b) of Section 25385.6.
(h) (1) This section does not require the department or a regional
board to prepare a remedial action plan if conditions present at a
site present an imminent or substantial endangerment to the public
health and safety or to the environment or, if the department, a
regional board, or a responsible party takes a removal action at a
site and the estimated cost of the removal action is less than two
million dollars ($2,000,000). The department or a regional board
shall prepare or approve a removal action work plan for all sites
where a nonemergency removal action is proposed and where a remedial
action plan is not required. For sites where removal actions are
planned and are projected to cost less than two million dollars
($2,000,000), the department or a regional board shall make the local
community aware of the hazardous substance release site and shall
prepare, or direct the parties responsible for the removal action to
prepare, a community profile report to determine the level of public
interest in the removal action. Based on the level of expressed
interest, the department or regional board shall take appropriate
action to keep the community informed of project activity and to
provide opportunities for public comment which may include conducting
a public meeting on proposed removal actions.
(2) A remedial action plan is not required pursuant to subdivision
(b) if the site is listed on the National Priority List by the
Environmental Protection Agency pursuant to the federal act, if the
department or the regional board concurs with the remedy selected by
the Environmental Protection Agency's record of decision. The
department or the regional board may sign the record of decision
issued by the Environmental Protection Agency if the department or
the regional board concurs with the remedy selected.
(3) The department may waive the requirement that a remedial
action plan meet the requirements specified in subdivision (d) if all
of the following apply:
(A) The responsible party adequately characterizes the hazardous
substance conditions at a site listed pursuant to Section 25356.
(B) The responsible party submits to the department, in a form
acceptable to the department, all of the following:
(i) A description of the techniques and methods to be employed in
excavating, storing, handling, transporting, treating, and disposing
of materials from the site.
(ii) A listing of the alternative remedial measures which were
considered by the responsible party in selecting the proposed removal
action.
(iii) A description of methods that will be employed during the
removal action to ensure the health and safety of workers and the
public during the removal action.
(iv) A description of prior removal actions with similar hazardous
substances and with similar public safety and environmental
considerations.
(C) The department determines that the remedial action plan
provides protection of human health and safety and for the
environment at least equivalent to that which would be provided by a
remedial action plan prepared in accordance with subdivision (c).
(D) The total cost of the removal action is less than two million
dollars ($2,000,000).
(4) For purposes of this section, the cost of a removal action
includes the cleanup of removal of released hazardous substances from
the environment or the taking of other actions that are necessary to
prevent, minimize, or mitigate damage that may otherwise result from
a release or threatened release, as further defined by Section 9601
(23) of Title 42 of the United States Code.
(5) Paragraph (2) of this subdivision does not apply to a removal
action paid from the state account.
(i) Article 2 (commencing with Section 13320), Article 3
(commencing with Section 13330), Article 5 (commencing with Section
13350), and Article 6 (commencing with Section 13360) of Chapter 5 of
Division 7 of the Water Code apply to an action or failure to act by
a regional board pursuant to this section.

25356.1.3. (a) In exercising its authority at a hazardous substance
release site pursuant to subdivision (a) of Section 25355.5 or
25358.3, the department shall issue orders to the largest manageable
number of potentially responsible parties after considering all of
the following:
(1) The adequacy of the evidence of each potentially responsible
party's liability.
(2) The financial viability of each potentially responsible party.
(3) The relationship or contribution of each potentially
responsible party to the release, or threat of release, of hazardous
substances at the site.
(4) The resources available to the department.
(b) The department shall schedule a meeting pursuant to Section
25269.5 and notify all identified potentially responsible parties of
the date, time, and location of the meeting.
(c) A person issued an order pursuant to Section 25355.5 or
25358.3 may identify additional potentially responsible parties for
the site to which the order is applicable and may request the
department to issue an order to those parties. The request shall
include, with appropriate documentation, the factual and legal basis
for identifying those parties as potentially responsible parties for
the site. The department shall review the request and accompanying
information and, within a reasonable period of time, determine if
there is a factual and legal basis for identifying other persons as
potentially responsible parties, and notify the person that made the
request of the action the department will take in response to the
request.
(d) Any determination made by the department regarding the largest
manageable number of potentially responsible parties or the
identification of other persons as potentially responsible parties
pursuant to this section is not subject to judicial review. This
subdivision does not affect the rights of any potentially responsible
party or the department under any other provision of this chapter.

25356.1.5. (a) Any response action taken or approved pursuant to
this chapter shall be based upon, and no less stringent than, all of
the following requirements:
(1) The requirements established under federal regulation pursuant
to Subpart E of the National Oil and Hazardous Substances Pollution
Contingency Plan (40 C.F.R. 300.400 et seq.), as amended.
(2) The regulations established pursuant to Division 7 (commencing
with Section 13000) of the Water Code, all applicable water quality
control plans adopted pursuant to Section 13170 of the Water Code and
Article 3 (commencing with Section 13240) of Chapter 4 of Division 7
of the Water Code, and all applicable state policies for water
quality control adopted pursuant to Article 3 (commencing with
Section 13140) of Chapter 3 of Division 7 of the Water Code, to the
extent that the department or the regional board determines that
those regulations, plans, and policies do not require a less
stringent level of remediation than the federal regulations specified
in paragraph (1) and to the degree that those regulations, plans,
and policies do not authorize dec