2005 California Health and Safety Code Sections 25400.35-25400.40 Cleanup

25400.35.  A local health officer shall establish a written plan
consistent with this chapter outlining the procedures to be followed
for conducting the remediation to property for purposes of this
chapter. The procedures shall comply with this article and any
regulations adopted pursuant to this chapter, and shall include, but
not be limited to, procedures for the preparation of a preliminary
site assessment work plan, the conduct of a preliminary site
assessment to determine the extent and level of contamination, in
accordance with that PSA work plan, and the preparation of a PSA
report containing the results of the preliminary site assessment and
recommendations for remediation to meet the occupancy standards
specified in Section 25400.16.
25400.36.  The PSA work plan shall include, but is not limited to,
all of the following:
    (a) The physical location of the property.
    (b) A summary of the information obtained from law enforcement,
the local health officer, and other involved local agencies. The
summary shall include a discussion of the information's relevance to
the contamination, including areas suspected of being contaminated,
and may include all of the following information:
    (1) Duration of laboratory operation and number of batches cooked
or processed.
    (2) Hazardous chemicals known to have been manufactured.
    (3) Recipes and methods used.
    (4) Chemicals and equipment found, by location, used in
connection with the manufacture or storage of the hazardous
chemicals.
    (5) Location of contaminated cooking and storage areas.
    (6) Visual assessment of the severity of contamination inside and
outside of the structure where the laboratory was located.
    (7) Assessment of contamination of adjacent rooms, units,
apartments, or structures.
    (8) Disposal methods observed at or near the site, including
dumping, burning, burial, venting, or drain disposal.
    (9) A comparison of the chemicals on the manifest with known
methods of manufacture in order to identify other potential
contaminants.
    (10) A determination as to whether the methamphetamine
manufacturing method included the use of chemicals containing mercury
or lead, including lead acetate, mercuric chloride, mercuric
nitrate.
    (c) A description of the areas to be sampled and the basis for
the selection of the areas. This element of the PSA work plan shall
also document the decision process used in determining not to sample
particular areas. The PSA work plan shall consider both primary and
secondary areas of concern.
    (1) The primary areas of concern included in the work plan shall
include all the following areas:
    (A) Any area that has obvious staining caused by the use or
manufacture of hazardous chemicals.
    (B) Any processing or cooking area, with contamination caused by
spills, boilovers, explosions, or by chemical fumes and gases created
during cooking. The area may include floors, walls, ceilings,
glassware, and containers, working surfaces, furniture, carpeting,
draperies and other textile products, plumbing fixtures and drains,
heating and air-conditioning vents.
    (C) Any disposal area, including such indoor areas as sinks,
toilets, bathtubs, plumbing traps and floor drains, vents, vent fans,
and chimney flues and such outdoor areas that may be contaminated by
dumping or burning on or near soil, surface water, groundwater,
sewer or storm systems, septic systems, and cesspools.
    (D) Chemical storage areas that may be contaminated by spills,
leaks, or open containers.
    (2) The secondary areas of concern shall include all of the
following:
    (A) Any location where contamination may have migrated, including
hallways or other high traffic areas.
    (B) Common areas in multiple dwellings, and adjacent apartments
or rooms, including floors, walls, ceilings, furniture, carpeting,
light fixtures, blinds, draperies and other textile products.
    (C) Common ventilation or plumbing systems in hotels and multiple
dwellings.
    (d) Sampling protocols, analytical methods and laboratories to
use and their relevant certifications or accreditations.
    (e) A description of areas and items that will be remediated in
lieu of sampling, if any.
25400.37.  After a preliminary site assessment is completed in
accordance with the PSA work plan, a PSA report shall be prepared and
submitted to the local health officer. The PSA report shall be
thorough and specific in reporting findings and recommendations and
shall include all of the following:
    (a) The location of the site, including the street address and
mailing address of the contaminated property, the owner of record and
mailing address, legal description, and clear directions for
locating the property.
    (b) A site map, including a diagram of the contaminated property.
The diagram shall include floor plans of affected buildings and
local drinking water wells and nearby streams or other surface
waters, if potentially impacted, and shall show the location of
damage and contamination and the location of sampling points used in
the preliminary site assessment. All sampling point locations shall
be keyed to the sampling results and remediation recommendations.
    (c) A description of the sampling methods and analytical
protocols used in the preliminary site assessment.
    (d) A description of the sampling results.
    (e) Information regarding the background samples and results
obtained.
    (f) Specific recommendations, including methods, for remedial
actions required to meet the human occupancy standards specified in
Section 25400.16, including, but not limited to, any required
decontamination, demolition, or disposal.
    (g) A plan for postremediation site assessment, including
specific sampling requirements and methodologies, and locations at
which samples are to be obtained.
25400.38.  The PSA work plan and PSA report shall be signed and
notarized by the contractor responsible for the completion of the
preliminary site assessment and by a certified industrial hygienist
for sufficiency and completeness.
25400.40.  (a) A person shall not perform a preliminary site
assessment or any remediation work pursuant to this chapter,
including a decontamination, demolition, or disposal, unless the
person has completed all of the following:
   (1) Initial training pursuant to subparagraph (A) of paragraph (3)
of, or paragraph (4) of, subdivision (e) of Section 5192 of Title 8
of the California Code of Regulations, as applicable. That training
shall include elements listed pursuant to subparagraphs (A) to (G),
inclusive, of paragraph (2) of subdivision (e) of Section 5192 of
Title 8 of the California Code of Regulations.
   (2) Annual refresher training pursuant to paragraph (8) of
subdivision (e) of Section 5192 of Title 8 of the California Code of
Regulations.
   (3) Additional requirements as determined by the local health
officer, or other applicable law.
   (b) Training specified in paragraphs (1) and (2) of subdivision
(a) shall be certified pursuant to paragraph (6) of subdivision (e)
of Section 5192 of Title 8 of the California Code of Regulations.