SECTIONS 25401-25402.3 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25401-25402.3

25401. This chapter shall be known, and may be cited as, the
California Land Environmental Restoration and Reuse Act.

25401.1. For purposes of this chapter, the following terms have the
following meanings:
(a) "Department" means the Department of Toxic Substances Control.
(b) "Hazardous material" means a substance or waste that because
of its physical, chemical, or other characteristics may pose a risk
of endangering human health or safety or of degrading the
environment. "Hazardous material" includes, but is not limited to,
all of the following:
(1) A hazardous substance, as defined in Section 25281 or 25316.
(2) A hazardous waste, as defined in Section 25117.
(3) A waste, as defined in Section 13050 of the Water Code or as
defined in paragraph (2) of subdivision (b) of Section 101075.
(c) "Local agency" means the local department, office, or other
agency of a city or county designated pursuant to subdivision (a) of
Section 25401.2.
(d) "Oversight agency" means the department or the regional board,
as appropriate, that oversees a site investigation and remedial
action pursuant to this chapter.
(e) "Person" means an individual, trust, firm, joint stock
company, business concern, partnership, limited liability company,
association, or corporation, including, but not limited to, a
government corporation. "Person" also includes a city, county, city
and county, district, commission, or the state, or a department,
agency, or political subdivision thereof, an interstate body, and the
United States and its agencies and instrumentalities to the extent
permitted by law.
(f) "Phase I environmental assessment" means a preliminary
assessment of a property to determine whether there has been, or may
have been, a release of hazardous material on or near the property,
based on reasonably available information about the property and the
area in its vicinity. A phase I environmental assessment may include,
but is not limited to, a review of public and private records of
current and historical land uses, historical aerial photographs of
the property and the area in its vicinity, relevant files of federal,
state, and local agencies, regulatory correspondence, records of
prior releases of hazardous materials and environmental reports,
database searches, visual and other surveys of the property, and
interviews with available current and previous owners and operators
of the property. A phase I environmental assessment does not require
sampling or testing on or around a property.
(g) "Preliminary endangerment assessment" means an activity that
is performed to determine whether current or past hazardous material
management practices or waste management practices have resulted in a
release or threatened release of hazardous materials that pose a
threat to public health or the environment. A preliminary
endangerment assessment shall be conducted in a manner that complies
with the guidelines published by the department entitled "Preliminary
Endangerment Assessment: Guidance Manual," and that evaluates
whether a hazardous material has been discharged, threatens to
discharge, or is discharging, to waters of the state. A preliminary
endangerment assessment requires sampling and analysis of a property,
a preliminary determination of the type and extent of hazardous
materials release or threatened release on contamination of the
property, and a preliminary evaluation of the risks that hazardous
materials contamination of the property may pose to public health or
the environment, including waters of the state.
(h) (1) "Property" means real property, as defined in Section 658
of the Civil Code.
(2) "Property" does not include any of the following:
(A) A site listed on the National Priorities List pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. Sec. 9601 et seq.) or proposed for, and ranked
as, qualifying for this list.
(B) A site on the list maintained by the department pursuant to
Section 25356.
(C) An active or former federal military base or property that is
or was owned by a department, agency, or instrumentality of the
United States.
(D) A site that is, or becomes, subject to a corrective action
order issued pursuant to Section 25187, or a site that is, or
becomes, authorized or permitted pursuant to Chapter 6.5 (commencing
with Section 25100) for the treatment, storage, or disposal of
hazardous waste.
(E) A property for which a no-further-action determination has
been issued by the department or a regional board, under applicable
statutes or regulations.
(F) A site that is, or becomes, subject to a response or cleanup
operation under Chapter 7.4 (commencing with Section 8670.1) of
Division 1 of Title 2 of the Government Code.
(G) A site that is, or becomes, subject to an order for corrective
action issued pursuant to Part 5 (commencing with Section 45000) of
Division 30 of the Public Resources Code.
(H) A site located within a redevelopment area established
pursuant to Division 24 (commencing with Section 33000).
(I) A site that is larger than five acres of contiguous property
under the same ownership, unless the site is an infill site, as
defined in Section 21061.3 of the Public Resources Code.
(i) For purposes of this subparagraph, a "qualified urban use," as
defined in Section 21072 of the Public Resources Code, includes an
industrial use.
(ii) For purposes of this subparagraph, a parcel is adjoining or
immediately adjacent to the site, as required by subdivision (a) of
Section 21061.3 of the Public Resources Code, if the parcel is
separated from the site only by an improved public right-of-way.
(J) A site that is owned by a state or local public agency.
(K) A site that is being used for productive agriculture.
(L) A site for which the owner or operator, within 60 days
following receipt of a notice from a local agency issued pursuant to
Section 25401.3 or 25401.4, enters into a voluntary agreement with an
oversight agency to commence and complete a site investigation and
remediation of the property under that oversight agency's oversight
and jurisdiction.
(M) A site for which the owner or operator, within 60 days
following receipt of a notice from a local agency issued pursuant to
Section 25401.3 or 25401.4, requests the designation of an
administering agency to oversee a site investigation and remedial
action at the site pursuant to Chapter 6.65 (commencing with Section
25260).
(N) Property that is the subject of continuous expansion or
improvement, and is owned or operated by an operating industrial or
commercial activity.
(O) Residential property with an owner-occupied dwelling.
(P) Property occupied by a family-owned business that has no
employees other than members of the family or a business that has no
employees other than the owners.
(Q) Property that is dedicated to a public use by a public
utility, as provided in Section 1007 of the Civil Code.
(R) Property acquired, to be acquired or proposed for use as a
schoolsite, prior to its occupancy for a school, if a school district
has entered into an enforceable environmental oversight agreement
with the department to conduct a preliminary endangerment assessment
or other response action at the property pursuant to Section 17213.1
of the Education Code. The exclusion provided in this subparagraph
shall not apply if the school district determines, after entering
into that agreement, not to pursue the use of the site as a school,
or if the agreement between the department and the school district is
terminated or expires.
(i) (1) "Qualified person" means one of the following:
(A) For activities conducted under Section 25401.6, an
environmental assessor, as defined in paragraph (2).
(B) For activities conducted under Section 25401.7, an
environmental assessor, as defined in paragraph (2), who also has
demonstrated expertise in hazardous materials site investigation and
cleanup.
(2) "Environmental assessor" means a class II environmental
assessor registered by the department pursuant to Chapter 6.98
(commencing with Section 25570), a professional engineer registered
in this state, a geologist registered in this state, a certified
engineering geologist registered in this state, or a licensed
hazardous substance contractor certified pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code. A licensed hazardous substance contractor shall
hold the equivalent of a degree from an accredited public or private
college or university or from a private postsecondary educational
institution approved by the Bureau for Private Postsecondary and
Vocational Education with at least 60 units in environmental,
biological, chemical, physical, or soil science, engineering geology,
or environmental or public health, or a directly related science
field. In addition, a person who conducts a phase I environmental
assessment shall have at least two years of experience in the
preparation of those assessments and a person who conducts a
preliminary endangerment assessment shall have at least three years
of experience in conducting those assessments.
(j) "Reasonably foreseeable uses" means land uses that are
authorized under the applicable general plan and zoning code, and any
additional uses that are identified by the local land use agency as
reasonably foreseeable uses for a property at the time the
preliminary endangerment assessment for that property is being
prepared pursuant to Section 25401.4 or 25401.6.
(k) "Remedial action" means a remedial action, as defined in
subdivision (g) of Section 25260.
(l) "Remediation plan" means a proposal to complete a site
investigation and a remedial action on a property, a schedule for the
conduct of that site investigation and remedial action, the method
for the oversight of those actions, and the state and local laws,
ordinances, regulations, and standards that are applicable to those
actions, for approval by the oversight agency pursuant to Section
25401.5 or 25401.7.
(m) "Regional board" means a California regional water quality
control board.
(n) "Release" has the same meaning as defined in Section 25320,
but with respect to a hazardous material.
(o) "Responsible party" means a "responsible party" or "liable
person" as defined in subdivision (a) of Section 25323.5, or a person
subject to an order pursuant to subdivision (a) of Section 13304 of
the Water Code.
(p) "Site investigation" has the same meaning as defined in
Section 25260.
(q) "Written determination of completion" means a document issued
by the oversight agency that certifies that a remedial action carried
out pursuant to this chapter has been satisfactorily completed, in
accordance with an approved remediation plan, that applicable
remedial action standards and objectives have been achieved, that
financial assurance for all operation and maintenance activities, if
applicable, has been obtained, and that the property for which the
written determination of completion is issued does not pose a
significant risk to human health or the environment, does not impact
the beneficial uses of waters of the state, and is in a condition
that allows it permanently to be used for its reasonably foreseeable
uses without any significant risk to human health or any significant
potential for future environmental damage. The written determination
of completion shall also specifically describe any conditions,
restrictions, or limitations imposed on the site, including financial
assurance, if applicable, and any land use controls placed on the
property. The written determination of completion shall specifically
identify the locations where the remediation plan that formed the
basis of the determination is kept on file by the oversight agency
and the local agency. These files shall be made available to the
public upon request.

25401.2. (a) A city or county may elect to implement this chapter.
If a city or county elects to implement this chapter, the governing
body of the city or county shall adopt an implementing ordinance,
which shall be consistent with this chapter and, in addition to
including any other matter in the ordinance that the governing body
of the city or county deems necessary, shall do all of the following:
(1) Designate a department, office, or other agency of the city or
county as the local agency responsible for implementing and
enforcing this chapter.
(2) Delineate the geographical areas of the city or county to
which this chapter shall apply.
(3) Specify the administrative or civil penalties that apply to a
person who does not submit to the local agency a phase I
environmental assessment, preliminary endangerment assessment, or
site investigation and remediation plan on or before the date that
the document is required to be submitted pursuant to this chapter.
(4) Require the local agency to obtain the approval of the
governing body of that local agency before it initiates a remedial
action pursuant to Section 25401.7.
(5) Authorize the local agency to enter into an agreement with an
oversight agency for a property, selected in accordance with this
chapter, regarding the oversight agency's activities to review
documents, assure implementation, perform other related site
investigation and remediation activities, and provide for cost
reimbursement.
(b) On or before April 1, 2002, the California Environmental
Protection Agency shall establish guidelines for selecting the
oversight agency to supervise the site investigation and remedial
action of a property subject to this chapter. The guidelines shall do
all of the following:
(1) Specify an address at the California Environmental Protection
Agency to which the local agency shall send any phase I environmental
assessments prepared pursuant to this chapter.
(2) Require that the oversight agency selected pursuant to this
chapter to be either the department, the appropriate regional board,
or a local agency, pursuant to paragraph (5).
(3) Specify the factors that shall be taken into account, and the
criteria that shall be used to, select the oversight agency. The
factors and criteria shall conform as closely as is feasible to the
factors and criteria set forth in paragraph (1) of, and subparagraphs
(A) and (B) of paragraph (2) of, subdivision (c) of Section 25262.
(4) Establish guidelines for transferring oversight responsibility
for a property from the selected oversight agency to the agency that
was not selected, as information on a property becomes available.
The guidelines shall not authorize any transfer that unreasonably
delays site investigations of properties and shall not authorize the
transfer of a property subject to Section 25401.5 or 25401.7, if the
transfer itself will delay the implementation of the schedule
established in the remediation plan for the property, unless the
local agency agrees to the transfer.
(5) Establish the conditions under which the oversight of a site
investigation and remedial action at a property subject to this
chapter may be delegated to a local agency and the conditions under
which the delegation shall be withdrawn. The guidelines may authorize
this delegation only if the local agency to provide the oversight is
qualified, as specified in subparagraph (C) of paragraph (3) of
subdivision (a) of Section 25404.1, or the local agency enters into
an agreement with the State Water Resources Control Board to
implement a local oversight program pursuant to subdivision (b) of
Section 25297.1, and the local agency has jurisdiction over the
property pursuant to that qualification or agreement. A local agency
qualified to be delegated oversight authority pursuant to this
paragraph shall only serve as an oversight agency under this chapter
for remediation activities solely involving underground storage tanks
or a remediation project that is exempt from Division 13 (commencing
with Section 21000) of the Public Resources Code, pursuant to
Section 21084 of the Public Resources Code. The guidelines shall also
include a process for oversight and periodic compliance monitoring
of a local agency that is qualified to be delegated oversight
authority by an oversight agency.
(c) The establishment of guidelines pursuant to subdivision (b) is
not the adoption of regulations for purposes of, and is not subject
to, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code. The California Environmental
Protection Agency shall make the guidelines available to any
interested person upon request and shall post the guidelines on the
agency's Internet Web site maintained by the California Environmental
Protection Agency.
(d) On or before the 10th day of each month, representatives from
the department and the State Water Resources Control Board shall
review all phase I environmental assessments received by the
California Environmental Protection Agency and, using the factors and
criteria established pursuant to paragraph (3) of subdivision (b),
shall jointly select the oversight agency for each property for which
a phase I environmental assessment is received. Upon the selection
of the oversight agency, the agency shall immediately transmit the
phase I environmental assessment for that property to the selected
oversight agency, which shall review and make the determination
required by subdivision (d) of Section 25401.4 within 30 calendar
days of the later of either of the following dates:
(1) When the agency receives the phase I environmental assessment.
(2) When the local agency enters into a written agreement with the
oversight agency regarding reimbursement of the oversight agency's
costs pursuant to paragraph (4) of subdivision (k) of Section
25401.4.
(e) The oversight agency shall ensure this chapter is implemented
in compliance with all state and local laws, ordinances, regulations,
and standards that are applicable to the site investigation and
remedial activities at the property.

25401.3. (a) A local agency that makes one of the findings
specified in subdivision (b) may issue a notice to the owner or
operator of a property requiring the owner or operator to provide the
local agency with information in the possession or control of the
owner or operator that, in the judgment of the local agency, may be
relevant to determining if a hazardous materials release may be
present on the property. This information may include, but is not
limited to, any environmental assessment that has been prepared for
the property, or any type of information that may be relevant to the
preparation of a phase I environmental assessment, a preliminary
endangerment assessment, or any other evaluation of environmental
condition of the property.
(b) A local agency may issue a notice pursuant to subdivision (a),
if the local agency makes one or more of the following findings:
(1) Hazardous materials are, or were, used, handled, stored,
treated, transported, or disposed on the property.
(2) Current or former owners or operators of the property are, or
were, engaged in activities that are, or were, commonly associated
with the use, handling, storage, treatment, transport or disposal of
hazardous materials.
(3) Information obtained from current or former owners or
operators of the property, from their employees, or from persons in
the surrounding community, provides a reasonable basis for believing
that hazardous materials are, or were, used, handled, stored,
treated, transported, or disposed on the property or that a hazardous
materials release may have occurred on the property.
(4) Visual or other physical evidence provides a reasonable basis
for believing that a hazardous materials release may have occurred on
the property.
(5) There is other reasonable evidence that a hazardous materials
release has occurred on the property.
(c) An owner or operator of a property that receives a notice
pursuant to subdivision (a) shall provide the local agency with all
information required by the notice that is in the possession or
control of the owner or operator within 30 calendar days of the date
of receipt of the notice.

25401.4. (a) If a local agency determines, based on the information
provided pursuant to Section 25401.3, that a property is, or may be
affected by, a hazardous materials release, or threat of a release,
the local agency shall make a finding that the property is, or may be
affected by, the release. In response to the known or suspected
release and in order to assure the protection of human health and the
environment for the future uses of, and benefit to, the property,
the local agency may then issue a notice requiring the owner or
operator of a property to conduct a phase I environmental assessment
of the property to determine if a hazardous materials release, or
threat of a release, may be present and, if so, whether a preliminary
endangerment assessment should be prepared for the site.
(b) An owner or operator that is required to conduct a phase I
environmental assessment of a property pursuant to this section
shall, within 60 calendar days of the date of receipt of a notice
from the local agency requiring a phase I environmental assessment,
prepare and deliver this assessment to the local agency. The local
agency shall submit the phase I environmental assessment to the
California Environmental Protection Agency which shall ensure an
oversight agency is selected in a timely manner and shall ensure that
the oversight agency reviews the phase I environmental assessment as
required by subdivision (d).
(c) A phase I environmental assessment prepared pursuant to this
section shall contain one of the following recommendations regarding
the need for further environmental investigation of the property:
(1) Further environmental investigation of the property is not
required.
(2) A preliminary endangerment assessment should be prepared to
determine if one or more hazardous materials releases have occurred
on the property and, if so, the type and extent of the releases.
(d) The oversight agency shall review a phase I environmental
assessment submitted pursuant to subdivision (b), and shall determine
if the phase I environmental assessment is adequate and the
recommendation made in the phase I environmental assessment regarding
the need for further environmental investigation and remedial action
of the property is appropriate and supported by the information
provided in the phase I environmental assessment. The oversight
agency shall notify the local agency of its determination within 45
calendar days of the date it receives the phase I environmental
assessment. If the oversight agency determines that a recommendation
under paragraph (1) of subdivision (c) is made because there is no
release or threat of a release of a hazardous material, the oversight
agency shall issue a determination that no further action is
required under this chapter.
(e) If the phase I environmental assessment that is prepared by
the owner or operator of a property pursuant to this section
recommends that further environmental investigation of the property
is not required pursuant to subdivision (c), and if the property
owner or operator has not submitted an application to the county or
city to develop the property, the local agency shall reimburse the
owner or operator for the reasonable costs of preparing the phase I
environmental assessment within 90 calendar days of receipt of the
phase I environmental assessment by the local agency.
(f) (1) If the owner or operator of a property has been reimbursed
for the reasonable costs of preparing a phase I environmental
assessment pursuant to subdivision (e) and subsequently submits an
application to the county or city to develop the property that relies
on that phase I environmental assessment, the owner or operator, or
subsequent owner or operator, to the extent that the property has
been sold, shall return that reimbursement to the local agency within
90 calendar days from the date of the sale or the effective date of
discretionary local approval of the new development, whichever comes
first.
(2) For purposes of this subdivision, a discretionary local agency
approval means a local agency approval of a project, as defined in
Section 21065 of the Public Resources Code.
(g) If the oversight agency determines that the phase I
environmental assessment is not adequate or that a recommendation in
the assessment is not appropriate, the local agency may require the
owner or operator of the property to provide additional information
or to prepare a preliminary endangerment assessment for the property.
(h) (1) If the oversight agency does not provide the local agency
with the determination required by subdivision (d) within the
required period of time, the local agency may find that the phase I
environmental assessment is not adequate or that the recommendations
made by the assessment are not appropriate. If the local agency makes
such a finding, the local agency shall state the reasons for that
finding and may require the owner or operator of the property to
provide additional information in support of the recommendation.
(2) Paragraph (1) does not authorize a local agency to make a
determination that the phase I environmental assessment shows that
there is no further action required at the site, or to determine
what, if any, further site investigation and remediation may be
required, other than to require the owner or operator to provide
information or prepare a preliminary endangerment assessment.
(i) The local agency may send the owner or operator of the
property a notice requiring that the owner or operator prepare a
preliminary endangerment assessment for review by the oversight
agency and that the owner or operator deliver the preliminary
endangerment assessment to the oversight agency, with a copy to the
local agency within 120 calendar days of the date the owner or
operator receives the notice, if the local agency determines that
either of the following apply:
(1) The phase I environmental assessment recommends that a
preliminary endangerment assessment be prepared for the property.
(2) The oversight agency reviewing the phase I environmental
assessment determines that a preliminary endangerment assessment
should be prepared.
(j) A preliminary endangerment assessment prepared pursuant to
this section shall make one of the following findings:
(1) A hazardous materials release or threat of a release is not
present on the property and no further action is required.
(2) Although a hazardous materials release is present on the
property, the property is in a condition that allows it to be used
permanently for its reasonably foreseeable uses without any
significant risk to human health or any significant risk to public
health, safety, and the environment, including potential for future
environmental damage, and is protective of the waters of the state,
in accordance with criteria set forth in Section 25356.1.5, in
compliance with applicable law, and no further action is otherwise
required.
(3) A hazardous materials release is present on the property and a
site investigation and remedial action should be carried out by the
owner or operator of the property to restore the property to a
condition that allows it to be used for its reasonably foreseeable
uses without any significant risk to public health, safety, and the
environment, including any potential for future environmental damage,
and is protective of the waters of the state, in accordance with the
criteria set forth in Section 25356.1.5, in compliance with
applicable law.
(k) If the oversight agency determines that the preliminary
endangerment assessment is not adequate, or that the recommendations
made by the assessment are not appropriate, the oversight agency
shall state the reasons for that finding and may require the owner or
operator of the property to provide additional information in
support of the recommendation. If the oversight agency determines
that the preliminary endangerment assessment is adequate and that the
finding made by the preliminary endangerment assessment is
appropriate, all of the following shall apply to the property:
(1) If the assessment makes the finding described in paragraph (1)
of subdivision (j), the oversight agency shall issue the owner or
operator a written determination that no further action is required,
the owner or operator of the property shall be deemed to be in
compliance with this chapter, and the local agency shall not require
the owner or operator to take any further action pursuant to this
chapter.
(2) If the assessment makes the finding described in paragraph (2)
of subdivision (j), the oversight agency shall issue one of the
following written determinations:
(A) After an owner or operator of the property remediates the
property so that no restrictions apply to that property's future uses
and the waters of the state are protected in compliance with
applicable law, the oversight agency may issue a written
determination that no further action is required.
(B) No further action is required on condition that specified
future uses of the property are prohibited and the waters of the
state are protected in compliance with applicable law. If the
oversight agency proposes to make a determination that no further
action is required and that determination is conditioned on a
prohibition of future uses, the oversight agency shall notify the
interested public of the proposed determination by publishing a
notice in a newspaper of general circulation in the community and
providing a public comment period of at least 30 days. Before making
a final determination pursuant to this subparagraph, the oversight
agency shall consider the public comments received by the oversight
agency. The oversight agency may not issue a conditional
determination that no further action is required pursuant to this
subparagraph until the owner or operator records an easement,
covenant, restriction, or servitude, or combination thereof,
describing the future uses of the property that are permitted and
those that are prohibited, in the same manner that a land use control
is recorded pursuant to subdivision (a) of Section 25398.7. A
conditional determination that no further action is required shall be
valid only during the time that the uses of the property fully
conform to that recorded land use control, easement, covenant,
restriction, or servitude, or any combination thereof.
If the oversight agency makes a determination under this
subparagraph that requires operation and maintenance activities, as
defined in Section 25318.5, the owner shall demonstrate and maintain
financial assurance in accordance with Section 25355.2 throughout the
period of time necessary to complete all required operation and
maintenance activities. The oversight agency shall not issue a
determination under this subparagraph until the required financial
assurance, if applicable, is obtained.
(3) If the finding is the finding described in paragraph (3) of
subdivision (j), the local agency may take action pursuant to Section
25401.5.
(4) Prior to, or concurrent with, the oversight agency's review of
the phase I environmental assessment, the local agency shall enter
into an agreement with the oversight agency regarding the oversight
agency's activities to review the phase I environmental assessment or
preliminary endangerment assessment, assure implementation, perform
other related site investigation activities, and provide for cost
reimbursement pursuant to this chapter. The funds received for cost
reimbursement provided by a local agency pursuant to the agreement
are continuously appropriated to the oversight agency for expenditure
for the purposes specified in the agreement.

25401.5. (a) If the preliminary endangerment assessment prepared
for the property pursuant to Section 25401.4 makes the finding
described in paragraph (3) of subdivision (j) of Section 25401.4, the
local agency or oversight agency may find, and issue a notice to the
owner or operator of a property, that a site investigation and
remedial action may be necessary.
(b) (1) The owner or operator of a site that receives a notice
pursuant to subdivision (a) shall, within 90 calendar days of the
date of receipt of the notice, provide the local agency and oversight
agency with a remediation plan, which shall include a proposal, in
compliance with the applicable law, regulations, and standards, for
conducting a site investigation and remedial action, a schedule for
completing the site investigation and remedial action, and a proposal
for any other remedial action that the owner or operator proposes to
take in response to the release or threatened release of hazardous
materials at the property. The oversight agency may approve the
remediation plan under any of the following procedures:
(A) A voluntary agreement with the oversight agency under Chapter
6.8 (commencing with Section 25300) or under Division 7 (commencing
with Section 13000) of the Water Code.
(B) An enforceable agreement with the department to carry out the
site investigation and remedial action pursuant to Chapter 6.8
(commencing with Section 25300).
(C) The procedure set forth in Chapter 6.85 (commencing with
Section 25396).
(D) The procedure set forth in Chapter 6.65 (commencing with
Section 25260).
(E) The procedure set forth in Chapter 5 (commencing with Section
13300) of Division 7 of the Water Code.
(2) The remediation plan proposed by an owner or operator shall be
reviewed and, if satisfactory, approved by the oversight agency in
compliance with all applicable state and local laws, regulations,
ordinances, and standards. Any schedule extending beyond two years
for the completion of a site investigation and remediation in the
remediation plan shall not be approved unless the local agency and
the oversight agency approve the schedule. The schedule or the
remediation plan may not be modified by the owner or operator unless
the oversight agency, following consultation with the local agency,
approves the modification. An oversight agency shall comply with all
applicable state and local laws, regulations, ordinances, and
standards in reviewing, approving, and assuring implementation of a
remediation plan.
(c) The owner or operator shall meet the schedule for carrying out
the site investigation and remedial action approved pursuant to
paragraph (2) of subdivision (b). If the owner or operator notifies
the local agency pursuant to subdivision (d) that the owner or
operator does not intend to carry out the required site investigation
and remedial action pursuant to the remediation plan, or if the
owner or operator does not comply with the schedule in the
remediation plan, the local agency may take a remedial action
pursuant to Section 25401.7.
(d) An owner or operator of property that satisfactorily completes
a site investigation and remedial action at the site pursuant to an
approved remediation plan, and that receives written notice from the
oversight agency that no further action with respect to the property
is required, shall be deemed in compliance with the requirements of
this chapter and the local agency may not require the owner or
operator to conduct any further action at the property for the
hazardous materials release that is the subject of the remediation
plan pursuant to this chapter.

25401.6. (a) If a local agency determines that the owner or
operator of a property did not submit a phase I environmental
assessment or prepare a preliminary endangerment assessment in
accordance with the schedule required by this chapter and the notice
issued pursuant to Section 25401.4, the local agency shall provide a
notice of noncompliance to the owner or operator.
(b) If the owner or operator does not, as determined by the local
agency, comply with the notice of noncompliance within 14 calendar
days of the date of receipt of notice, and the local agency
determines that a phase I environmental assessment or preliminary
endangerment assessment is needed to protect human health and the
environment based on the reasonably foreseeable uses of the property,
or to protect waters of the state, the local agency may prepare a
phase I environmental assessment or the preliminary endangerment
assessment required by Section 25401.4, and bill the owner or
operator of the property for all reasonable costs involved in
preparing the phase I environmental assessment or preliminary
endangerment assessment.
(c) If a phase I environmental assessment that is prepared by a
local agency pursuant to this section recommends that a preliminary
endangerment assessment be prepared pursuant to paragraph (2) of
subdivision (c) of Section 25401.4, the owner or operator shall
reimburse the local agency for the reasonable costs of preparing the
phase I environmental assessment within 90 calendar days of the
receipt of that phase I environmental assessment by the owner or
operator.
(d) A local agency that prepares a phase I environmental
assessment or a preliminary endangerment assessment for a property
pursuant to Section 25401.4 may carry out the work itself or may
contract with a qualified person to carry out the work. A phase I
environmental assessment or a preliminary endangerment assessment
prepared by a local agency or qualified person pursuant to this
section shall meet the requirements of Section 25401.4 and shall be
submitted to the oversight agency for review and approval. The
oversight agency shall determine, in its review, whether the
assessment is adequate and whether any recommendations made by the
assessment regarding the need for further environmental investigation
or a site investigation and remedial action at the property are
appropriate and supported by the assessment.

25401.7. (a) (1) A local agency may initiate a remedial action
pursuant to this chapter, if the governing body of the local agency,
by resolution adopted by a majority vote of the membership of the
governing body, approves the action, affirms the finding set forth in
paragraph (3) of subdivision (j) of Section 25401.4, and makes one,
or both, of the following findings:
(A) The owner or the operator of the property refuses to submit a
remediation plan for review and approval by the oversight agency, or
refuses to complete a site investigation and remedial action at the
property, pursuant to the remediation plan for that property approved
by the oversight agency pursuant to this chapter.
(B) The owner or operator of the property does not comply with the
schedule for carrying out the site investigation and remedial action
approved by the local agency and oversight agency pursuant to
paragraph (2) of subdivision (b) of Section 25401.5, and the
governing body determines there is no good cause for that
noncompliance.
(2) A local agency may initiate a site investigation pursuant to
this chapter if the owner or operator notifies the local agency that
the owner or operator does not intend to carry out a required site
investigation or if the owner or operator does not comply with the
schedule in the remediation plan for making a site investigation, as
specified in subdivision (c) of Section 25401.5.
(b) (1) Before initiating a remedial action, the local agency
shall notify the property owner or operator that the governing body
of the local agency has adopted the resolution required by
subdivision (a), that the local agency will initiate the remedial
action on the site 30 calendar days after the date the owner or
operator receives the notice, that the governing body of the local
agency has approved the action, and that the owner or operator is
strictly liable for the reasonable costs of carrying out the remedial
action and shall be billed by the local agency for those costs.
(2) Before initiating a site investigation, the local agency shall
notify the property owner or operator that the local agency will
initiate the site investigation on the site 30 calendar days after
the date the owner or operator receives the notice, and that the
owner or operator is strictly liable for the reasonable costs of
carrying out the site investigation and shall be billed by the local
agency for those costs.
(c) A local agency shall carry out a site investigation and
remedial action under this section in compliance with all applicable
state and local laws, regulations, ordinances, and standards, and
pursuant to a remediation plan approved by the oversight agency. The
oversight agency shall review the remediation plan, and if the
oversight agency determines that the remediation plan is
satisfactory, the oversight agency shall approve the remediation plan
and oversee the site investigation and remedial action. The local
agency shall enter into a contract with a qualified person to carry
out the site investigation and approved remediation activities.
(d) (1) Upon determining that a local agency has satisfactorily
completed a site investigation and remedial action under this
section, in accordance with all applicable state and local laws,
regulations, ordinances, and standards the oversight agency shall
issue a written determination of completion to the local agency.
(2) If the remedial action requires operation and maintenance
activities, as defined in Section 25318.5, financial assurance shall
be demonstrated and maintained in accordance with Section 25355.2
throughout the period of time necessary to complete all required
operation and maintenance activities. The oversight agency may not
issue a written determination of completion until the required
financial assurance, if applicable, is obtained.
(3) If the written determination of completion issued by the
oversight agency pursuant to paragraph (1) is conditioned on a
remediation plan that causes the property to be suitable for some,
but not all, future uses, and that prohibits specified future uses of
the property unless and until further remediation or the review and
approval of the oversight agency is completed, the local agency shall
require the current owner of the property to record a land use
control for the benefit of the property that describes those
prohibited future uses of the property in the same manner as a land
use control is recorded pursuant to subdivision (a) of Section
25398.7. The conditional determination of completion shall not be
effective until the owner causes the recordation of the land use
control. The oversight agency may not issue a conditional written
determination of completion, as provided in this paragraph, until the
required land use is recorded and the required financial assurance
is obtained.
(4) Any conditional written determination of completion shall be
valid only during the time period in which the use of the property
conforms to the recorded land use control, and is in compliance with
all other conditions. If the use of the property does not conform to
the recorded land use control, or fails to comply with any applicable
condition, the immunities provided by Section 25402.1 shall no
longer apply.
(e) The local agency shall enter into an agreement with the
oversight agency regarding the oversight agency's activities to
review and provide oversight of a site investigation, a remedial
action, and any other action taken in response to a release or a
threatened release of a hazardous material, and to provide for
reimbursement for administrative and oversight costs incurred by the
oversight agency, in conformance with the oversight agency's
authority under applicable state laws and regulations, to be
reimbursed for these administrative and oversight costs. The
agreement shall be executed prior to the oversight agency's review of
the site investigation.
(f) Any site investigation, remedial action, engineering, and
geological work performed under this section shall be conducted in
conformance with any applicable state law, including, but not limited
to, Sections 6735 and 7835 of the Business and Professions Code.

25401.8. (a) A local agency proposing to carry out remedial action
pursuant to Section 25401.7, shall inform the community of its
actions by doing all of the following:
(1) Mailing a fact sheet to the last known name and address of all
organizations and individuals who have requested copies of all
notices and actions by the local agency, contiguous property owners,
all agencies that are members of the site designation committee under
Section 25261, property owners or occupants within 500 feet of the
affected property's boundary, and all other interested parties.
(2) Publishing a notice at least one time in a newspaper of
general circulation in the area of the property, in English and in
any other language that is spoken by a significant number of the
residents in the area of the property identified pursuant to
paragraph (1).
(3) Posting of a notice at the property.
(4) Direct mailing of a notice to the agencies comprising the site
designation committee, as set forth in Section 25261.
(b) For a period of no less than 45 days following the date a
notice is issued pursuant to subdivision (a), the local agency and
the oversight agency shall provide access to any interested person
during the regular business hours of the local agency and the
oversight agency for the review of all of the following documents,
and shall make copies available for the actual and reasonable cost,
that have been completed as of the time of the notice:
(1) The phase I environmental assessment.
(2) The preliminary endangerment assessment.
(3) Any site investigation or remedial action documents prepared
pursuant to this chapter.
(c) Any interested person may provide written comments to the
local agency and oversight agency regarding the adequacy of an
assessment or a site investigation and remedial action for a period
of no less than 30 days following the 45-day period specified in
subdivision (b). The local agency shall respond, in writing, to the
person providing a written comment, shall include any response
provided by the oversight agency, and shall incorporate any response
into the administrative record of the local agency's determinations
with respect to the property. The oversight agency shall consider the
public comments and the local agency's response prior to taking
further action.
(d) The local agency shall hold a community meeting to gather
public comments during the public comment period required by
subdivision (c). The local agency shall include a summary of
significant public comments made at the meeting and the response of
the local agency to those comments in the administrative record of
the local agency's determination with respect to the property.
(e) The community participation requirements set forth in this
section are in addition to any other applicable public notice and
community participation requirement that may apply to a site
investigation and remedial action taken pursuant to this chapter,
including, but not limited to, those requirements under the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code), and to any other law
applicable to that oversight agency.
(f) Nothing in this chapter limits or otherwise affects the
applicability of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) or the public comment and hearing requirements
otherwise applicable to that oversight agency in approving a site
investigation and remedial plan under applicable law.

25402. (a) (1) If a local agency requires the investigation or
remediation of a property pursuant to this chapter, the owner or
operator of the property shall be liable for any reasonable and
necessary costs incurred by a local agency in taking any action
pursuant to Section 25401.6 or 25401.7.
(2) A local agency may recover costs incurred to develop and
implement a remediation plan, including the costs of reimbursing the
oversight agency, approved pursuant to this chapter to the same
extent the oversight agency is authorized to recover those costs.
(3) The scope and standard of liability for cost recovery by a
local agency pursuant to this subdivision shall be the scope and
standard of liability under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.) as that act would apply to the oversight agency, except
that any reference to a hazardous substance in that act shall be
deemed to refer to a hazardous material, as defined in this chapter.
(4) The only defenses available to an owner and operator in any
action to recover costs pursuant to this section are the defenses
specified in subdivision (b) of Section 25323.5.
(b) An action for recovery of investigation and response costs
incurred by a local agency shall commence within three years after
completion of the remedial action at the property.
(c) The authority to recover costs provided by this section is in
addition to, and is not to be construed as restricting, any other
cause of action available to a local agency.
(d) This section applies only to local agencies, and does not
affect the authority of the department or a regional board to recover
costs under any state or federal statute.
(e) Except for the reimbursement of the oversight agency for its
costs in accordance with paragraph (4) of subdivision (k) of Section
25401.4 and subdivision (e) of Section 25401.7, and notwithstanding
any other provision of state law or policy, a local agency that
undertakes and completes a site investigation and remedial action
pursuant to a remediation plan approved by the oversight agency, that
requests and receives data regarding environmental conditions on a
property, or that otherwise causes an approved remediation plan to be
undertaken and completed pursuant to this chapter, is not liable for
any costs incurred by a responsible party for that release to
investigate or remediate the release or to compensate others for the
effects of that release.
(f) A local agency is not liable for the costs of investigating or
remediating a release, or for compensating others for the effects of
a release or other environmental conditions on the property, solely
as a result of requiring an owner or operator to prepare a phase I
environmental assessment, a preliminary endangerment assessment, or a
site investigation or remediation plan, or requiring an owner or
operator to complete a site investigation or remediation plan that
has been approved by an oversight agency pursuant to this chapter.

25402.1. (a) (1) Notwithstanding any other provision of law, and
except as provided in paragraph (2), a local agency that undertakes
and completes a site investigation and remedial action pursuant to
this chapter, in accordance with a remediation plan that is reviewed
and approved by an oversight agency and that receives a written
determination of completion issued by the oversight agency, is not
liable, with respect to any hazardous materials release that is
identified and addressed in accordance with the remediation plan,
under any of the following:
(A) Division 7 (commencing with Section 13000) of the Water Code.
(B) Chapter 6.5 (commencing with Section 25100), Chapter 6.7
(commencing with Section 25280), Chapter 6.75 (commencing with
Section 25299.10), or Chapter 6.8 (commencing with Section 25300).
(C) Any other state or local law providing liability for a
remedial action for a release of a hazardous material.
(2) The written determination of completion shall be invalid, and
the immunities provided by this section cease to apply if an
oversight agency determines that any of the following applies:
(A) Monitoring, testing, or analysis of the property subsequent to
the issuance of the written determination of completion indicates
that the remedial action standards and objectives were not achieved
or are not being maintained.
(B) One or more of the conditions, restrictions, or limitations
imposed on the property as part of the remediation or written
determination of completion are violated.
(C) Site monitoring or operation and maintenance activities that
are required as part of the remedial action or written determination
of completion for the property are not adequately funded or are not
properly carried out.
(D) A hazardous materials release is discovered at the property
that was not the subject of the site investigation and remedial
action for which the written determination of completion was issued.
(E) A material change in the facts known to the oversight agency
at the time the written determination of completion was issued, or
new facts, cause the oversight agency to find that further
investigation and remedial action are required in order to prevent a
significant risk to human health and safety or to the environment.
(F) A local agency or responsible party induced the oversight
agency to issue the written determination of completion by
fraudulent, negligent or intentional nondisclosure of information or
misrepresentation.
(b) Upon an oversight agency's approval of a remediation plan
pursuant to the oversight agency's authority under any applicable
state law and this chapter, the director of the department, or the
executive director of the regional board, as appropriate, shall
acknowledge in writing that, upon proper completion of the site
investigation and remedial action in accordance with the approved
remediation plan and upon issuance of a written determination of
completion by the oversight agency, the immunity provided by
subdivision (a) shall apply to the local agency.
(c) Upon satisfactory completion of the site investigation and
remedial action in accordance with the approved remediation plan, and
upon issuance of a written determination of completion by the
oversight agency to the local agency, the immunity provided by
subdivision (a) extends to all of the following, but only for the
hazardous materials release specifically identified in the approved
remediation plan and not for any subsequent release or any release
not specifically identified in the approved remediation plan:
(1) Any employee or agent of the local agency, including an
instrumentality of the local agency authorized to exercise some, or
all, of the powers of the local agency and any employee or agent of
the instrumentality.
(2) Any person who enters into an agreement with a local agency
for the development of a property, if the agreement requires the
person acquiring the property to remediate a hazardous materials
release with respect to that property.
(3) Any person who acquires the property after a person has
entered into an agreement with the local agency for development of
other uses of the property as described in paragraph (2).
(4) Any person who provided financing to a person specified in
paragraph (2) or (3).
(d) (1) Notwithstanding any other provision of law, the immunity
provided by this section does not extend to any of the following:
(A) Any person who is a responsible party for the release before
entering into an agreement, acquiring property, or providing
financing, as specified in subdivision (c).
(B) Any person for any subsequent release of a hazardous material
or any release of a hazardous material not specifically identified in
the approved remediation plan.
(C) Any contractor who prepares the remediation plan, or conducts
the remedial action.
(D) Any person who obtains a remediation plan approval or a
written determination of completion under this chapter by fraud,
negligent or intentional nondisclosure, or misrepresentation, and any
person who knows before the approval or determination is obtained,
or before the person enters into an agreement, acquires the property,
or provides financing, that the approval or determination was
obtained by these means.
(E) Any person, including, but not limited to, the local agency,
that engages in gross negligence with respect to the site
investigation or remediation of the property.
(2) Notwithstanding any other provision of law, the immunity
provided in this section does not apply to, limit, alter, or restrict
any of the following:
(A) Any cause of action by a local agency or any other party
against the person, firm, or entity responsible for the hazardous
materials release that is the subject of the site investigation and
remedial action taken by the local agency or other person immune from
liability pursuant to this section.
(B) Any action for personal injury, property damage, or wrongful
death.
(e) The immunity provided by this section shall be provided in
addition to any other immunity provided by existing law.

25402.3. (a) Nothing in this chapter shall be construed to
authorize a local agency to require a property owner or operator to
develop or redevelop a property, or to require a property owner or
operator to undertake a site investigation or remedial action that
differs from what has been required or approved by the oversight
agency.
(b) Nothing in this chapter shall be construed as a limitation on
a local agency's land use authority.
(c) Notwithstanding Section 25402.1, nothing in this chapter
affects the obligation of a school district to obtain the approval of
the department regarding a schoolsite subject to Section 17210,
17210.1, 17213, or 17213.1 of the Education Code.
(d) Except as provided in Section 25402.1, this chapter does not
affect the authority of the department, the State Water Resources
Control Board, the regional boards, the Department of Fish and Game,
or the Attorney General to pursue any existing legal, equitable, or
administrative remedies pursuant to state or federal law.