There is a newer version of the California Code
2005 California Health and Safety Code Sections 25395.1-25395.15 Article 8. Private Site Management
HEALTH AND SAFETY CODESECTION 25395.1-25395.15
25395.1. As used in this article, the following terms have the following meaning: (a) "Private site manager" means an individual who is registered as a class II environmental assessor pursuant to Section 25570.3. (b) "Private site management team" means a group coordinated by a private site manager, which may consist of any or all of the following persons: (1) A person holding a four-year bachelor of science degree from an accredited college or university who has done significant work in biological, chemical, physical, environmental or soil geology, hydrology, hydrogeology, environmental health, environmental engineering, toxicology, industrial hygiene, or a related field. (2) An environmental engineer holding a four-year bachelor of science in engineering degree from an accredited college or university. (3) An engineer registered in the State of California. (4) A geologist registered in the State of California. (5) A certified hydrogeologist registered in the State of California. (6) A certified engineering geologist registered in the State of California. (7) A geophysicist registered in the State of California. (8) An industrial hygienist or safety engineer registered in the State of California. (9) A process engineer holding a four-year bachelor of science degree in engineering from an accredited college or university. (10) A petroleum engineer holding a four-year bachelor of science degree in engineering from an accredited college or university. (11) The necessary technical support personnel and equipment operators, as determined by the private site manager. (c) "Project proponent" means any person who applies to the department for approval to conduct the response to a release or threatened release of hazardous substances pursuant to this article. (d) "Independent," as used in subdivision (b) of Section 25395.3, means that the private site manager or the members of the private site management team meet all of the following requirements: (1) The site manager or team member is not an employee of the project proponent, a known responsible party, or a prospective buyer of the site property. (2) The site manager or team member is not a general partner, or a limited partner, with any project proponent, known responsible party, or prospective buyer of the site property. (3) The site manager or team member is not a shareholder in the project proponent entity, known responsible party, or a prospective buyer of the site property. (4) The site manager or team member does not receive any source of income from the project proponent, known responsible party, or a prospective buyer of the site property, other than the payment of fees for professional services. (5) The site manager or team member does not accept, or agree to accept, any payment that is in any way contingent upon the completion of a response action of the site as a private site management project. 25395.2. A private site manager may conduct investigations of potential hazardous substance release sites using preliminary endangerment assessment procedures approved by the department. If, upon completion of an investigation, a private site manager determines that because a significant release of hazardous substances has not occurred, site conditions do not require any further investigation or remedial action, the private site manager may submit a report to the department certifying that no further action is required at the site. Unless the department issues a written notice of disagreement to the private site manager within 60 days from the date of receipt of the report, the department shall be deemed to be in agreement with the report and shall designate the site as a site which requires no further action. The department may subsequently change that site designation status upon receipt and confirmation of evidence that the physical environment of the site conditions differ from the findings of a report submitted by a private site manager. The department shall not designate a site under this section as a site that requires no further action if the release of hazardous substances has caused, or threatens to cause, discharges to waters of the state. 25395.3. If, upon completion of a site investigation, a private site manager or the department determines that a significant release of a hazardous substance has occurred, or is likely to have occurred, a project proponent may submit an application to the department requesting that a response action be conducted under private site management pursuant to this article. The application for a response action shall include both of the following: (a) Where a site investigation was conducted by a private site manager, the private site manager shall provide the department with a report of the site findings based on the investigation. In all cases, the application shall set forth reasons why the site is appropriate for a private response action and management based on the information available at the time that the application is submitted to the department. Sites shall be deemed appropriate for private site management if all the following conditions exist: (1) There is a substantial likelihood that no further significant environmental damage or exposure to humans will occur as the response action is implemented. (2) The site is not adjacent to residential property, as defined in Section 1675 of the Civil Code, or a school, day care center for children, or a hospital. (3) The site is not, or is not being used as, residential property, as defined in Section 1675 of the Civil Code, or a school, day care center for children, or a hospital. (4) Releases of hazardous substances at the site did not result in discharges to groundwater. (5) An enforceable agreement that specifies how response action will be conducted is not applicable to the site. (b) The name and a statement of qualifications of any private site manager proposed for the site. The proposed private site manager shall be independent of the project proponent, all known responsible parties, and prospective buyers of the site property. 25395.4. (a) If the department approves an application for private site management, a private site management team shall be designated to perform the activities authorized by this article. The professional staff of the private site management team shall be comprised, at a minimum, of persons with qualifications and levels of experience which shall be specified by the department based upon the conditions at the site which require response action. (b) At least one member of the proposed team shall have demonstrable experience or training in public participation, risk communication, and community involvement, except that the member shall not be required to be a registered or certified professional. Each member of the proposed team shall be independent of the project proponent, known responsible parties, and prospective buyers of the site property. (c) If, at any time, the documented physical conditions at the site change or physical conditions previously unknown to the department are identified, the department may rescind approval of the proposed project or may require the private site management team to include additional professional staff members with expertise appropriate to the physical conditions at the site. The addition of new professional level team members proposed by the private site manager shall be approved by the department, but the department shall not unreasonably withhold that approval. 25395.5. (a) If the private site management team determines that the response action will include a removal or remedial action, the approved private site management team shall prepare a draft removal action work plan or remedial action plan. The draft removal action work plan or remedial action plan may be prepared without oversight by the department, but shall be prepared in accordance with all of the requirements of this chapter, or Chapter 6.85 (commencing with Section 25396) in the case of sites selected pursuant to Section 25396.6, and other applicable regulations and guidance documents adopted or issued by the department. (b) The private site management team shall submit the draft removal action work plan or remedial action plan to the department for approval, and the department shall approve or reject the work plan or remedial action plan within 60 days from the date of submittal by a private site manager. If a plan is rejected, the department shall identify the principal reasons for the rejection, and shall describe the actions needed to adequately address deficiencies in the plan. 25395.6. (a) The private site management team shall, in the case of sites selected pursuant to Section 25396.6, prepare a remedial design for the implementation of the response action that is selected in the final remedial action plan that is prepared and approved in accordance with the requirements of this chapter, or Chapter 6.85 (commencing with Section 25396), and applicable regulations and guidance documents adopted or issued by the department. The remedial design may be prepared by the private site management team without oversight by the department, and shall be submitted to the department for approval. (b) The department shall approve or reject a final remedial design within 60 days from the date of submittal by a private site management team. If a design is rejected, the department shall identify the principal reasons for the rejection, and shall describe the actions needed to adequately address deficiencies in the design. 25395.7. The private site management team shall implement the response action set forth in the approved final removal action work plan or remedial action plan and remedial design. The implementation of the response action may be conducted without oversight by the department. 25395.8. (a) Upon completion of a response action, the private site manager shall file a request for a certificate of completion from the department. The request for a certificate of completion submitted by a private site manager shall include all of the information required by the department, and, at a minimum, shall include all of the following additional information: (1) A summary of all response action taken. (2) All sample results for a certified laboratory confirming that the site has been fully remediated as required by the final removal action work plan or remedial action plan and in accordance with the remedial design approved by the department. (b) In addition, the department may require submittal of any or all of the following documentation: (1) A north-south and east-west cross section of the site geology, that is signed by a geologist, geophysicist, engineering geologist, or hydrogeologist who is registered in the State of California, and that evaluates the hydrogeologic conditions of the site. (2) Horizontal and vertical surveys of all wells, caps, and facilities that are required by the final removal action work plan or final remedial action plan approved by the department. (3) As-built drawings of any physical construction that is required by the removal action work plan or remedial action plan approved by the department, and that is signed by an engineer registered in the State of California. (4) Copies of land use controls that are required by the removal action work plan or remedial action plan approved by the department, and that have been recorded by the county recorder in the county in which the site is located. (5) A plan for the implementation of any operation and maintenance measures that are required by the final removal action work plan or remedial action plan approved by the department. (c) The department shall review the request for a certificate of completion, and shall approve or reject a request for certificate of completion within 30 days from the date of submittal by the private site manager. If a request is rejected, the department shall identify the principal reasons for the rejection and describe the actions needed to amend the application to adequately address the deficiencies that are identified by the department. (d) If the department approves the request for a certificate of completion, it shall prepare a certification which shall include a certificate of completion, requirements for ongoing reporting and operation and maintenance, and a description of applicable land use controls of a site. The certification shall be provided to the project proponent, all known responsible parties, owners of properties located adjacent to the site, and shall be made available to the public. 25395.9. No designated officer or employee of the California Environmental Protection Agency or its constituent boards, departments, or offices shall serve as a private site manager or member of a private site management team for the first 12 months following the termination of the officer's or employee's appointment or employment with the agency, constituent board, department, or office. 25395.10. (a) The private site manager and each member of a private site management team shall sign and certify all work performed by, and or directed by, that person. (b) The private site manager and each member of the professional staff of the private site management team shall have appropriate insurance as required by the department. 25395.11. Except as otherwise specified in this article, all the requirements of this chapter, or Chapter 6.85 (commencing with Section 25396) in the case of sites selected pursuant to Section 25396.6, and any other applicable regulation and guidance document or manual adopted or issued by the department, shall apply to sites approved for private site management. The requirements of Division 13 (commencing with Section 21000) of the Public Resources Code shall apply to response actions conducted pursuant to this article in the same manner, and to the same extent, that the requirements apply to response actions otherwise conducted pursuant to this chapter or Chapter 6.85 (commencing with Section 25396). If, at any time, the department finds that a private site manager or a private site management team is not in compliance with the requirements of this chapter or Chapter 6.85 (commencing with Section 25396), the department may, pursuant to this article, withdraw its approval for the conduct of a response action on the site. 25395.12. (a) The department shall conduct audits of a minimum of 25 percent of the sites where a private site manager or private site management team has conducted a site investigation or response action without oversight by the department, except with respect to cases where oversight is otherwise required under this article, and where the department has been requested to issue or has issued a certificate of completion. (b) A private site manager and any member of a private site management team shall provide an authorized representative of the department with complete access, at any reasonable hour of the day, to all technical data, reports, records, environmental samples, photographs, maps, and files that are materially related to a response action conducted pursuant to this article. 25395.13. (a) Any private site manager or member of a private site management team who commits any of the following acts shall be punished, upon conviction, by a fine of not less than two thousand dollars ($2,000) or by imprisonment in the county jail for not more than one year, or both that fine and imprisonment, if the private site manager or any member of a private site management team does any of the following: (1) Knowingly makes any materially false or inaccurate statement in any application, record, report, certification, plan, design, or statement that the private site manager or the private site management team submits to the department. (2) Knowingly makes any materially false or inaccurate statement in any record, report, plan, file, log, or register that the private site management team keeps, or is required to keep, pursuant to any law. (3) Knowingly and materially falsifies, tampers with, alters, destroys, or disturbs any mechanism, recovery, or control system, or any monitoring device or method that the private site manager or the private site management team maintains, or that is required to be maintained pursuant to any law, regulation, or order for the protection of the public health and safety or the environment. (4) Knowingly allows or orders any of the private site manager's or the private site management team's employees, agents, or contractors to do any of the actions specified in paragraphs (1) to (3), inclusive. (b) Any private site manager or member of a site private management team who knowingly, or with reckless disregard for the risk, treats, handles, transports, disposes of, or stores any hazardous substance in a manner that causes any unreasonable risk of fire, explosion, serious injury, or death, is guilty of a public offense and shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) nor more than two hundred fifty thousand dollars ($250,000) for each day of a violation, by imprisonment in the county jail for not more than one year, by imprisonment in the state prison for 16, 24, or 36 months, or by both that fine and imprisonment. (c) Any private site manager or member of a private site management team who knowingly, at the time the manager or member takes any of the actions specified in subdivision (b), places another person in imminent danger of death or serious bodily injury, is guilty of a public offense and shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than two hundred fifty thousand dollars ($250,000) for each day of the violation. (d) Each day that a violation of subdivision (a) occurs, or continues to occur, shall be considered a separate offense. A fine imposed pursuant to subdivision (a) shall not exceed, in the aggregate, twenty-five thousand dollars ($25,000), and the term of imprisonment shall not exceed, in the aggregate, one year. (e) Notwithstanding any other provision of law, all penalties collected pursuant to this section shall be transferred to the department for deposit in the trust fund for expenditure by the department, upon appropriation by the Legislature, to administer and enforce this article. 25395.14. The project proponent for a site subject to response action pursuant to this article shall fully reimburse the department for all reasonable costs incurred by the department, including those costs associated with the department's involvement in the investigation, remediation, certification, and audit process at that site. Any of the reasonable costs that are incurred by the department which relate to the specific project costs, and that are not reimbursed by the project proponent shall be recovered from the responsible parties pursuant to Section 25360. 25395.15. The department shall adopt minimum standards of performance that shall apply to the activities and conduct of private site managers and members of private site management teams that conduct response actions pursuant to this article. The standards shall be consistent with the requirements of this article and with generally accepted professional standards that apply to persons who engage in the types of work that are required to conduct hazardous substance release response actions pursuant to this chapter. The minimum standards of performance shall be adopted as expeditiously as possible, but not later than six months from the date that the department first begins accepting applications pursuant to Section 25395.3.
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.