CHAPTER 4. Releases of Hazardous Substances [78650. - 78795.]
Chapter 4 added by Stats. 2022, Ch. 257, Sec. 2.
§§ 78650–78795 · 21 sections
ARTICLE 1. General Powers of Director §§ 78650–78665 · 4 sections
- § 78650 When the director determines that a release of a hazardous substance has occurred or is about to occur, the director may do any or all of the following: (a)…
- § 78655 (a) Whenever there is a release or threatened release of a hazardous substance into the environment, the director may take or contract for any necessary…
- § 78660 (a) Whenever there is a release or threatened release of a hazardous substance, the director may request the Attorney General to secure relief as may be…
- § 78665 Any person who refuses or prevents, without sufficient cause, any activity authorized pursuant to this article or Section 78870 shall be liable for a civil…
ARTICLE 2. Reporting Requirement §§ 78675–78680 · 2 sections
- § 78675 (a) A person shall not release, or allow or cause a release of, a reportable quantity of a hazardous substance into the environment that is not authorized or…
- § 78680 (a) The owner of property on which a reportable release has occurred and any person who releases, or causes a reportable release and who fails to make the…
ARTICLE 3. Disclosure Requirement §§ 78700–78705 · 2 sections
- § 78700 Any owner of nonresidential real property who knows, or has reasonable cause to believe, that any release of hazardous substance has come to be located on or…
- § 78705 Any lessee or renter of real property who knows or has reasonable cause to believe that any release of a hazardous substance has come or will come to be…
ARTICLE 4. Securing Site of Release §§ 78720–78740 · 5 sections
- § 78720 After making a determination, based upon a preliminary site assessment that there has been a release of a hazardous substance on, under, or into the land on a…
- § 78725 (a) The order to secure the site shall require, within five days after receiving notification of the order, the posting of the site with signs. The order shall…
- § 78730 The department or the county health officer shall advise other agencies on the public health risks and the need for fencing and posting of sites when those…
- § 78735 (a) A property owner who fails to comply with an order of the department or the county health officer is subject to a civil penalty of up to twenty-five…
- § 78740 The remedies and penalties specified in this article and Section 78505 are in addition to, and do not affect, any other remedies, enforcement actions,…
ARTICLE 5. Listing of Hazardous Substance Release Sites §§ 78760–78795 · 8 sections
- § 78760 (a) The department shall publish and revise, at least annually, a listing of the hazardous substance release sites selected for, and subject to, a response…
- § 78765 (a) The department shall adopt, by regulation, criteria for the selection of hazardous substance release sites for a response action under this part. The…
- § 78770 The department shall assign each site listed pursuant to Section 78760 to one of the following priority tiers for the purpose of informing the public of the…
- § 78775 Hazardous substance release sites listed by the department pursuant to Section 78760 are subject to this part and all actions carried out in response to…
- § 78780 (a) Except as provided in subdivision (b), the department shall expend all funds appropriated to the department for any response action pursuant to this part,…
- § 78785 This article does not require the department to characterize every site listed pursuant to Section 78760 before the department begins response actions at those…
- § 78790 The department, or, if appropriate, the regional board, is the state agency with sole responsibility for ensuring that required action in response to a…
- § 78795 (a) The adoption of the minimum hazard threshold pursuant to subdivision (b) of Section 78765, the department’s development and publication of the list of…