2005 California Health and Safety Code Sections 25400.10-25400.12 Article 1. Findings and Definitions

25400.10.  (a) The Legislature finds and declares all of the
following:
   (1) Methamphetamine use and production are growing throughout the
state. Properties may be contaminated by hazardous chemicals used or
produced in the manufacture of methamphetamine where those chemicals
remain and where the contamination has not been remediated.
   (2) Initial cleanup actions may be limited to the removal of bulk
hazardous materials and associated glassware that pose an immediate
threat to public health and the environment. Where methamphetamine
production has occurred, significant levels of contamination may be
found throughout residential properties if the contamination is not
remediated.
   (3) Once methamphetamine laboratories have been closed, the public
may be harmed by the materials and residues that remain.
   (4) There is no statewide standardization of standards for
determining when a site of a closed methamphetamine laboratory has
been successfully remediated.
    (b) This chapter shall be known, and may be cited as, the
"Methamphetamine Contaminated Property Cleanup Act of 2005."
25400.11.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Authorized contractor" means a person who has been trained or
received other qualifications pursuant to Section 25400.40.
   (b) "Contaminated" or "contamination" means property polluted by a
hazardous chemical related to methamphetamine laboratory activities.
   (c) "Controlled substance" has the same meaning as defined in
Section 11007.
   (d) "Decontamination" means the process of reducing the level of a
known contaminant to a level that is deemed safe for human
reoccupancy, as established pursuant to Section 25400.16 using
currently available methods and processes.
   (e) "Department" means the Department of Toxic Substances Control.
   (f) "Designated local agency" means a city, county, or city and
county agency designated by the local health officer to carry out
all, or any portion of, responsibilities assigned to the local health
officer as specified by this chapter. The local health officer may
authorize any of the following to serve as a designated local agency:
   (1) The Certified Unified Program Agency or CUPA as certified
pursuant to Chapter 6.11 (commencing with Section 25404), except in a
jurisdiction where the state is acting as the CUPA pursuant to
subdivision (f) of Section 25404.3.
   (2) The fire department or environmental health department.
    (3) The local agency responsible for enforcement of the State
Housing Law (Part 1.5 (commencing with Section 17910) of Division
13).
   (g) "Disposal of contaminated property" means the disposal of
property that is a hazardous waste in accordance with Chapter 6.5
(commencing with Section 25100).
   (h) "Hazardous chemical" means a chemical that is determined by
the local health officer to be toxic, carcinogenic, explosive,
corrosive, or flammable that was used in the manufacture or storage
of methamphetamine that is prohibited by Section 11383.
   (i) "Illegal methamphetamine manufacturing or storage site" or
"site" means property where a person manufactures methamphetamine or
stores methamphetamine or a hazardous chemical used in connection
with the manufacturing or storage and in violation of Section 11383.
   (j) "Local health officer" means a county health officer, a city
health officer, or an authorized representative of that local health
officer.
   (k) "Methamphetamine laboratory activity" means the illegal
manufacturing or storage of methamphetamine.
   (l) "Office" means the Office of Environmental Health Hazard
Assessment.
   (m) "Posting" means attaching a written or printed announcement
conspicuously on property that is determined to be contaminated by a
methamphetamine laboratory activity or the storage of methamphetamine
or a hazardous chemical.
   (n) "Preliminary site assessment work plan" or "PSA work plan"
means a plan to conduct activities to determine the extent and level
of contamination of an illegal methamphetamine manufacturing or
storage site and that is prepared in accordance with the requirements
of Section 25400.36.
   (o) "Preliminary site assessment" or "PSA" means the activities
taken to determine the extent and level of contamination of an
illegal methamphetamine manufacturing or storage site that are
conducted in accordance with an approved PSA work plan.
   (p) "Preliminary site assessment report" or "PSA report" means a
determination that the levels of contamination at an illegal
methamphetamine manufacturing or storage site require remediation,
including a recommendation for the remedial actions required for the
site to meet human occupancy standards, and that is prepared in
accordance with Section 25400.37.
   (q) (1) "Property" means any parcel of land, structure, or part of
a structure where the manufacture of methamphetamine or storage of
methamphetamine or a hazardous chemical that is prohibited by Section
11383, occurred, including, manufactured housing and mobilehomes.
   (2) Notwithstanding paragraph (1), "property" does not include any
of the following:
   (A) A mobilehome park or manufactured housing park, as defined,
respectively, in Section 798.4 or 798.6 of the Civil Code.
   (B) A manufactured housing community, as defined in Section 18801.
   (C) A mobilehome park or park, as defined, respectively, in
Section 18214 or 18214.5.
   (D) A mobilehome or manufactured housing located in a mobilehome
park, manufactured housing park, or manufactured housing community,
or park, as defined in this paragraph.
   (3) Paragraph (2) shall become inoperative on January 1, 2008,
unless a later enacted statute that is enacted before January 1,
2008, deletes or extends that date.
   (r) (1) "Property owner" means a person owning property by reason
of obtaining it by purchase, exchange, gift, lease, inheritance, or
legal action.
   (2) Notwithstanding paragraph (1), "property owner" does not
include any of the following:
   (A) The manager or owner of a mobilehome park, manufactured
housing park, manufactured housing community, or park, as defined in
paragraph (2) of subdivision (q).
   (B) An agent or representative authorized to act on behalf of a
manager or owner specified in subparagraph (A).
   (C) A person who owns a mobilehome located in a mobilehome park,
manufactured housing park, manufactured housing community, or park.
   (3) Paragraph (2) shall become inoperative on January 1, 2008,
unless a later enacted statute that is enacted before January 1,
2008, deletes or extends that date.
   (s) "Storage site" means any property used for the storage of a
hazardous chemical or methamphetamine that is prohibited by Section
11383.
   (t) "Warning" means a sign posted by the local health officer
conspicuously on property where methamphetamine was manufactured or
stored, informing occupants that hazardous chemicals exist on the
premises and that entry is unsafe.
25400.12.  Any term not defined expressly by this article shall have
the same meaning as defined in Chapter 6.8 (commencing with Section
25300).