CHAPTER 1. General Provisions [78000. - 78185.]

Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2.

§§ 78000–78185 · 37 sections

1. ARTICLE 1. Preliminary Provisions §§ 78000–78005 · 2 sections

   • § 78000 (a) This part shall be known and may be cited as the Carpenter-Presley-Tanner Hazardous Substance Account Act. (b) This part recodifies the provisions of…
   • § 78005 It is the intent of the Legislature to do all of the following: (a) Establish a program to provide for response authority for releases of hazardous substances,…
2. ARTICLE 2. Effect of Recodification §§ 78010–78030 · 5 sections

   • § 78010 Nothing in the Hazardous Substance Account Recodification Act is intended to substantively change the law contained in former Chapter 6.8 (commencing with…
   • § 78015 (a) A provision of this part, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be…
   • § 78020 (a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this part that restates and continues that…
   • § 78025 (a) A judicial decision on the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision of this…
   • § 78030 (a) The department or another state agency may make a conforming rule change without complying with the rulemaking procedure specified in Article 5 (commencing…
3. ARTICLE 3. Definitions §§ 78035–78170 · 29 sections

   • § 78035 The definitions set forth in this article govern the interpretation of this part. Unless the context requires otherwise and except as provided in this article,…
   • § 78040 “Agency” means the California Environmental Protection Agency.
   • § 78045 “Contract competitor” means any person competing for a state contract pursuant to subdivision (a) of Section 78655.
   • § 78050 “Department” means the Department of Toxic Substances Control.
   • § 78055 “Director” means the Director of Toxic Substances Control.
   • § 78060 “Feasibility study” means the identification and evaluation of technically feasible and effective remedial action alternatives to protect public health and the…
   • § 78065 “Federal act” means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
   • § 78070 “Federally permitted release” has the same meaning as defined in Section 101(10) of the federal act (42 U.S.C. Sec. 9601(10)).
   • § 78075 (a) “Hazardous substance” means: (1) Any substance designated pursuant to Section 1321(b)(2)(A) of Title 33 of the United States Code. (2) Any element,…
   • § 78080 “Operation and maintenance” means those activities initiated or continued at a hazardous substance release site following completion of a response action that…
   • § 78085 “Person” means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation,…
   • § 78090 “Phase I environmental assessment” means a preliminary assessment of a property to determine whether there has been, or may have been, a release of a hazardous…
   • § 78095 “Preliminary endangerment assessment” means an activity that is performed to determine whether current or past hazardous substance management practices have…
   • § 78100 “Regional board” means a California regional water quality control board.
   • § 78105 (a) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the…
   • § 78110 A “release authorized or permitted pursuant to state law” means any release into the environment that is authorized by statute, ordinance, regulation, or rule…
   • § 78115 “Remedial design” means the detailed engineering plan to implement the remedial action alternative or initial remedial measure approved by the department.
   • § 78120 “Remedial investigation” means those actions deemed necessary by the department to determine the full extent of a hazardous substance release at a site,…
   • § 78125 “Remedy” or “remedial action” includes all of the following: (a) Those actions that are consistent with a permanent remedy, that are taken instead of, or in…
   • § 78130 “Removal action work plan” means a work plan prepared or approved by the department or a regional board that is developed to carry out a removal action, in an…
   • § 78135 “Remove” or “removal” includes the cleanup or removal of released hazardous substances from the environment or the taking of other actions as may be necessary…
   • § 78140 “Response,” “respond,” or “response action” have the same meanings as defined in Section 101(25) of the federal act (42 U.S.C. Sec. 9601(25)). The enforcement…
   • § 78145 (a) (1) “Responsible party” or “liable person,” for the purposes of this part, means those persons described in Section 107(a) of the federal act (42 U.S.C.…
   • § 78150 “Secretary” means the Secretary for Environmental Protection.
   • § 78155 “Site” has the same meaning as the term “facility” is defined by Section 101(9) of the federal act (42 U.S.C. Sec. 9601(9)).
   • § 78160 “Site cleanup evaluation” means an evaluation by the department of the effectiveness of a removal or remedial action conducted by a responsible party, to…
   • § 78165 “State account” means the Toxic Substances Control Account established pursuant to Section 25173.6.
   • § 78168 “State board” means the State Water Resources Control Board.
   • § 78170 “Tier” means a grouping of hazardous substance release sites that require removal and remedial actions, that are listed alphabetically, and that are of a…
4. ARTICLE 4. Construction of Part § 78185 · 1 section

   • § 78185 (a) This part shall not be construed as imposing any new liability associated with acts that occurred on or before January 1, 1982, if the acts were not in…