BlackletterCalifornia law

CHAPTER 5. Cleanup of Hazardous Substance Releases [78850. - 79400.]

Chapter 5 added by Stats. 2022, Ch. 257, Sec. 2.

§§ 78850–79400 · 76 sections

  1. ARTICLE 1. General Provisions §§ 78850–78860 · 3 sections
    • § 78850 The Governor is responsible for the coordination of all state response actions for sites identified in Article 5 (commencing with Section 78760) of Chapter 4…
    • § 78855 (a) For response actions taken pursuant to the federal act, only those costs for actions that are consistent with the priorities, guidelines, criteria, and…
    • § 78860 No response actions taken pursuant to this part by the department or regional or local agencies shall duplicate federal response actions.
  2. ARTICLE 2. Rules for Specified Circumstances §§ 78870–78885 · 4 sections
    • § 78870 Whenever the director determines that there may be an imminent or substantial endangerment to the public health or welfare or to the environment, because of a…
    • § 78875 (a) The department shall expend moneys available in the reserve account, established pursuant to subdivision (a) of Section 78240, only for the purpose of…
    • § 78880 Any removal or remedial action taken or contracted by the department pursuant to Section 78870 or 78875 shall be exempt from all of the following provisions:…
    • § 78885 (a) The department may prequalify bidders for remedial or removal actions taken pursuant to Section 78870 or 78875. The department may reject the bid of any…
  3. ARTICLE 2.5. Department Obligations §§ 78890–78895 · 2 sections
    • § 78890 For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this part or Chapter 6.5…
    • § 78895 For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this part or Chapter 6.5 (commencing…
  4. ARTICLE 3. Referral of Site to Department by State or Regional Board §§ 78900–78910 · 3 sections
    • § 78900 The state board or a regional board that has jurisdiction over a hazardous substance release site pursuant to Division 7 (commencing with Section 13000) of the…
    • § 78905 If a hazardous substance release site is referred to the department and is listed pursuant to Section 78900, the department may expend money from the state…
    • § 78910 (a) If a hazardous substance release site is referred to the department pursuant to Section 78900, and the department makes either of the following…
  5. ARTICLE 4. Public Participation §§ 78925–78935 · 3 sections
    • § 78925 With regard to sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 where the department or regional board is taking action to…
    • § 78930 (a) The department or the regional board, as appropriate, shall take the actions specified in this section to provide an opportunity for meaningful public…
    • § 78935 The department or regional board shall advise local environmental regulatory agencies and other appropriate local agencies of planned response actions and…
  6. ARTICLE 5. Community Advisory Groups §§ 78950–78975 · 6 sections
    • § 78950 (a) At each site, a community advisory group may be established by the affected community to review any response action and comment on the response action to…
    • § 78955 To the extent possible, the composition of each community advisory group shall reflect the composition of the affected community and the diversity of interests…
    • § 78960 The department or regional board shall regularly communicate, and confer as appropriate, with the community advisory group.
    • § 78965 The following entities may participate in community advisory group meetings in order to provide information and technical expertise: (a) The department or…
    • § 78970 (a) The existence of a community advisory group shall not diminish any other obligation of the department or regional board with respect to public…
    • § 78975 A community advisory group established pursuant to Section 78950 may request, in writing, and a potentially responsible party may fund, a technical assistance…
  7. ARTICLE 6. Oversight and Review of Responsible Party Actions §§ 79000–79005 · 2 sections
    • § 79000 The department and the state board concurrently shall establish policies and procedures consistent with this part that the department’s representatives shall…
    • § 79005 (a) Notwithstanding paragraph (1) of subdivision (b) of Section 78075, any person may voluntarily enter into an enforceable agreement with the department…
  8. ARTICLE 7. Orders to Potentially Responsible Parties §§ 79020–79035 · 4 sections
    • § 79020 In exercising its authority at a hazardous substance release site pursuant to Section 78870 or 79055, the department shall issue orders to the largest…
    • § 79025 The department shall schedule a meeting pursuant to Section 25269.5 and notify all identified potentially responsible parties of the date, time, and location…
    • § 79030 (a) A person issued an order pursuant to Section 78870 or 79055 may identify additional potentially responsible parties for the site to which the order is…
    • § 79035 Any determination made by the department regarding the largest manageable number of potentially responsible parties or the identification of other persons as…
  9. ARTICLE 8. Expenditures §§ 79055–79075 · 5 sections
    • § 79055 (a) Except as provided in Sections 79060 and 79065, no money shall be expended from the state account for removal or remedial actions on any site selected for…
    • § 79060 Section 79055 does not apply, and money from the state account shall be available, upon appropriation by the Legislature, for removal or remedial actions, if…
    • § 79065 (a) Notwithstanding Section 79055, the department may expend funds, upon appropriation by the Legislature, from the state account to conduct activities…
    • § 79070 (a) Except as provided in subdivision (b), the department may not expend funds from the state account for a removal or remedial action with respect to a…
    • § 79075 The department may not expend funds from the state account for the purposes specified in Section 79450 where the injury, degradation, destruction, or loss to…
  10. ARTICLE 9. Preliminary Endangerment Assessment §§ 79100–79105 · 2 sections
    • § 79100 (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,…
    • § 79105 (a) Except as provided in subdivisions (b) and (c), any potentially responsible party at a site, or any person who has notified the department of that person’s…
  11. ARTICLE 10. Initiation of Removal or Remedial Actions §§ 79130–79135 · 2 sections
    • § 79130 (a) The director may initiate removal or remedial action pursuant to this part unless these actions have been taken, or are being taken properly and in a…
    • § 79135 (a) At least 30 days before initiating removal or remedial actions, the department shall make a reasonable effort to notify the persons identified by the…
  12. ARTICLE 10.5. Local Government Removal or Remedial Actions §§ 79160–79175 · 4 sections
    • § 79160 A city or county may initiate a removal or remedial action for a site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 in accordance…
    • § 79165 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…
    • § 79170 Upon reimbursing a city or county for the costs of a removal or remedial action, the department shall recover these costs pursuant to Section 79650.
    • § 79175 (a) 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…
  13. ARTICLE 11. Financial Assurances §§ 79180–79190 · 6 sections
    • § 79180 The department shall require a responsible party who is required to undertake corrective action obligations pursuant to a determination issued pursuant to…
    • § 79182 (a) When submitting a feasibility study, a responsible party shall include a cost estimate for the response action. (b) The responsible party shall demonstrate…
    • § 79184 (a) If the source of the release is regulated by the department pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20, the…
    • § 79186 A responsible party may satisfy the requirements of this article by demonstrating to the department that it has provided financial assurance for corrective…
    • § 79188 For sites for which sole jurisdiction has been granted pursuant to subdivision (b) of Section 25204.6, the department shall not require additional financial…
    • § 79190 The department’s duties to implement this article are contingent upon an appropriation by the Legislature for purposes of implementing the requirements of this…
  14. ARTICLE 12. Planning §§ 79195–79240 · 10 sections
    • § 79195 Except as provided in Sections 79225 and 79230, the department, or, if appropriate, the regional board, shall prepare or approve remedial action plans for the…
    • § 79200 (a) 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…
    • § 79205 All remedial action plans prepared or approved pursuant to this article shall be based upon Sections 78855 and 78860 and Subpart E of the National Oil and…
    • § 79210 A remedial action plan prepared pursuant to this article shall include the basis for the remedial action selected and shall include an evaluation of each…
    • § 79215 (a) 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…
    • § 79220 (a) (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…
    • § 79225 (a) This article 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…
    • § 79230 The department may waive the requirement that a remedial action plan meet the requirements specified in Section 79205 if all of the following apply: (a) The…
    • § 79235 For purposes of this article, the cost of a removal action includes the cleanup or removal of released hazardous substances from the environment or the taking…
    • § 79240 Article 2 (commencing with Section 13320), Article 3 (commencing with Section 13330), Article 5 (commencing with Section 13350), and Article 6 (commencing with…
  15. ARTICLE 13. Standards §§ 79260–79275 · 4 sections
    • § 79260 Any response action taken or approved pursuant to this part shall be based upon, and no less stringent than, all of the following requirements: (a) The…
    • § 79265 (a) Any health or ecological risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall be based upon Subpart…
    • § 79270 If currently available scientific data are insufficient to determine the level of a hazardous substance at which no known or anticipated adverse effects on…
    • § 79275 (a) The exposure assessment of any risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall include the…
  16. ARTICLE 14. Onsite Hazardous Waste Facility for Response Action §§ 79290–79295 · 2 sections
    • § 79290 To the extent consistent with the federal Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude…
    • § 79295 (a) The department may enforce in the court for the county in which a response action exempted pursuant to Section 79290 is located any federal or state law,…
  17. ARTICLE 15. Operation and Maintenance §§ 79310–79330 · 5 sections
    • § 79310 For purposes of this article, “small business” is a business that meets the requirements set forth in subdivision (d) of Section 14837 of the Government Code.
    • § 79315 Except as provided in subdivision (a) of Section 79325, the department or the regional board shall require any responsible party who is required to comply with…
    • § 79320 (a) For purposes of Section 79315, the responsible party shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in…
    • § 79325 (a) The department or the regional board shall waive the financial assurance required by Section 79315 if the department or the regional board makes one of the…
    • § 79330 On or before January 15, 2001, the department shall report to the Legislature all of the following: (a) The number of requests the department and the regional…
  18. ARTICLE 16. Illegal Drug Lab Cleanup §§ 79350–79385 · 8 sections
    • § 79350 (a) The department may expend funds appropriated from the Illegal Drug Lab Cleanup Account created pursuant to Section 78370 to pay the costs of removal…
    • § 79355 A state or local law enforcement officer or investigator or other law enforcement agency employee who, in the course of an official investigation or…
    • § 79360 Notwithstanding any other provision of law, upon receipt of a notification pursuant to Section 79355, the department shall take removal action, as necessary,…
    • § 79365 The department shall, as soon as the information is available, report the location of a removal action that will be carried out pursuant to Section 79360, and…
    • § 79370 (a) For purposes of Chapter 6.5 (commencing with Section 25100) of Division 20, Chapter 6.9.1 (commencing with Section 25400.10) of Division 20, or this part,…
    • § 79375 The department may adopt regulations to implement this article in consultation with appropriate law enforcement and local environmental agencies.
    • § 79380 (a) The department shall develop sampling and analytical methods for the collection of methamphetamine residue. (b) The department shall, to the extent funding…
    • § 79385 The responsibilities assigned to the department by this article apply only to the extent that sufficient funding is made available for that purpose.
  19. ARTICLE 17. Judicial Review of Response Actions § 79400 · 1 section
    • § 79400 (a) In any judicial action under this part, judicial review of any issues concerning the adequacy of any response action taken or ordered by the department…