2005 California Public Resources Code Sections 48020-48028 Cleanup Program

48020.  (a) For purposes of this article, the following terms have
the following meaning:
   (1) "Codisposal site" means a hazardous substance release site
listed pursuant to Section 25356 of the Health and Safety Code, where
the disposal of hazardous substances, hazardous waste, and solid
waste has occurred.
   (2) "Trust fund" means the Solid Waste Cleanup Trust Fund created
pursuant to Section 48027.
   (b) The board shall, on January 1, 1994, initiate a program for
the cleanup of solid waste disposal sites and for the cleanup of
solid waste at codisposal sites where the responsible party either
cannot be identified or is unable or unwilling to pay for timely
remediation, and where cleanup is needed to protect public health and
safety or the environment.
   (c) The board shall not expend more than 5 percent of the funds
appropriated for the purpose of the program by a statute other than
the Budget Act to administer that program, unless a different amount
is otherwise appropriated to administer the program in the annual
Budget Act.  If a different amount is appropriated to administer the
program in the annual Budget Act, it shall be set forth in a separate
line item.  All remaining funds appropriated for the purposes of the
program shall be expended on direct cleanup or emergency actions at
solid waste disposal sites and for solid waste at codisposal sites.
48021.  (a) In prioritizing the sites for cleanup pursuant to
Section 48020, the board shall consider the degree of risk to public
health and safety and the environment posed by conditions at a site,
the ability of the site owner to clean up the site without monetary
assistance, the ability of the board to adequately clean up the site
with available funds, maximizing the use of available funds, and
other factors as determined by the board.
   (b) In administering the program authorized by Section 48020, the
board may expend funds directly for cleanup, provide loans to parties
who demonstrate the ability to repay state funds, and provide
matching grants to public entities, to assist in site cleanup.
   (c) In addition to the expenditures specified in subdivision (b),
the board may expend a portion of the funds appropriated for the
program to abate illegal disposal sites.  For the purposes of this
subdivision, the board may provide grants to public entities.  Where
funds are provided by the board to address illegal disposal sites
within a jurisdiction, the local enforcement agency shall provide
ongoing enforcement to prevent recurring illegal disposal at the
site.
   (d) In developing and implementing the program, the board shall
consult with certified local enforcement agencies and the regional
water boards.
48022.  The Legislature finds and declares all of the following:
   (a) Pursuant to the legal framework and definitions pertaining to
solid waste contained in this division, the board and the local
enforcement agencies have general authority and responsibility for
responding to environmental conditions at solid waste disposal sites
to ensure protection of the public health and safety and the
environment.
   (b) The definitions of "solid waste," "solid waste disposal," and
"solid waste landfill" establish some of the parameters for the
general authority and responsibility of the board and the local
enforcement agencies.
   (c) The Solid Waste Disposal and Codisposal Site Cleanup Program
established under this article establishes a mechanism for funding
the cleanup of solid waste disposal sites and the solid waste at
codisposal sites under specified conditions and circumstances.
   (d) A burn dump site is a solid waste disposal site and, as such,
is a site that is eligible for funding pursuant to the program,
provided all other criteria for program eligibility are met.
   (e) Pursuant to the Health and Safety Code, the Department of
Toxic Substances Control has general jurisdiction, authority, and
responsibility regarding hazardous substance release sites.
   (f) Pursuant to the Water Code, the State Water Resources Control
Board and the regional water quality control boards have general
jurisdiction, authority, and responsibility regarding protection of
the waters of the state, including, but not limited to, solid waste
and hazardous waste discharges.
   (g) Most burn dump sites impact multiple media.  Burn dump sites
usually contain hazardous substances and, therefore, most can be
characterized generally as hazardous substance release sites.  Burn
dump sites also contain predominantly solid waste and, therefore, can
be characterized generally as solid waste disposal sites.  Some burn
dump sites impact, or have the potential to impact, waters of the
state.
   (h) Burn dump sites are presumed to be solid waste disposal sites,
subject to the general authority and responsibility of the board and
the local enforcement agencies.  In addition to this general
presumption, it is the intent of the Legislature to require that the
procedures set forth in Section 48022.5 be followed to ensure that
hazardous substances and hazardous wastes at burn dump sites are
adequately characterized and safely managed and remediated in
consultation with, or under the direct oversight of, the department
or the appropriate regional water quality control board, or both.
48022.5.  (a) For the purposes of this section, the following terms
have the following meanings, unless the context clearly requires
otherwise:
   (1) "Burn dump site" means a solid waste disposal site that meets
all of the following conditions:
   (A) Was operated prior to 1972.
   (B) Is closed.
   (C) Prior to closure, was a site where open burning was conducted.
   (2) "Department" means the Department of Toxic Substances Control.
   (3) "Regional board" means a California regional water quality
control board.
   (4) "Remediation oversight agency" means the entity responsible
for environmental oversight on a burn dump site remediation project.
   (5) "Sensitive land use" means either of the following:
   (A) Use for residences, schools, day care facilities, hospitals
and hospices, and other facilities or structures that have a high
density of occupation on a daily basis.
   (B) Use as a park, golf course, or any other, similar open-space
area that is made available for public use, when the park, golf
course, or open-space area has a potential for human exposure to
hazardous substances.
   (b) On or before June 30, 2003, the department, in consultation
with the board and the State Water Resources Control Board, shall
develop protocols to be utilized by the board and the local
enforcement agencies for site investigation and characterization of
hazardous substances at burn dump sites.
   (1) The protocols shall include, but need not be limited to, both
of the following items:
   (A) Sampling and analysis protocols to be utilized by the board
and the local enforcement agencies for site investigation and
characterization of hazardous substances at burn dump sites.
   (B) Appropriate abatement measures for nonsensitive land uses.
   (2) In addition, the protocols may include either or both of the
following items:
   (A) Cleanup guidelines, levels, or thresholds for one or more
typical constituents of concern based on nonsensitive land uses.
   (B) Specifications for confirmation sampling on partial and
complete clean-closed sites.
   (c) Whenever the board receives an application for funding under
this article for a burn dump site, the board shall use the protocols
developed by the department under subdivision (b) to investigate and
characterize hazardous substances at the site.
   (d) Once sufficient site information is available, the board shall
notify the department and the appropriate regional board of the
board's interest in providing funding and remediation oversight for
the site.
   (e) For a nonsensitive land use site, the board shall proceed as
the remediation oversight agency, following the notification required
under subdivision (d), unless the department or regional board
requests a site consultation meeting under subdivision (g).
   (f) For an existing or proposed sensitive land use site, the board
shall request a site consultation meeting under subdivision (g).
   (g) For sites with existing or proposed sensitive land uses or
water quality impacts, or where otherwise requested by the department
or a regional board, the board, the department, the State Water
Resources Control Board, and the appropriate regional board shall
hold a site consultation meeting to determine which agency will
provide remediation oversight.  If, following a review of the site
information, the department or a regional board requests to provide
remediation oversight, that request shall be granted.  If the
department or a regional board does not request to provide
remediation oversight, remediation oversight of the site shall remain
with the board.  In cases where the board requested the meeting, the
determination of remediation oversight agency shall be made within
30 days of the board's request for the meeting.
   (h) The board may require the imposition of an environmental
restriction on any burn dump site where solid waste or residuals from
the burning of solid waste is left in place.  The environmental
restriction shall meet the requirements described in Section 1471 of
the Civil Code, and the restrictions shall run with the land.
   (i) On or before March 30, 2003, the board and the department
shall enter into an agreement relating to the funding of any
activities of the department appropriately conducted pursuant to this
section.
   (j) Nothing in this section is intended to limit the authority of
the board, the department, the State Water Resources Control Board,
or a regional board pursuant to other provisions of law.
   (k) Nothing in this section is intended to preclude any qualifying
entity from applying for and receiving funding assistance under any
other provision of law.
48023.  (a) If the board expends any funds pursuant to this article,
the board shall, to the extent possible, seek repayment from
responsible parties in an amount equal to the amount expended, a
reasonable amount for the board's cost of contract administration,
and an amount equal to the interest that would have been earned on
the expended funds.
   (b) In implementing this article, the board is vested, in addition
to its other powers, with all the powers of an enforcement agency
under this division.
   (c) The amount of any cost incurred by the board pursuant to this
article shall be recoverable from responsible parties in a civil
action brought by the board or, upon the request of the board, by the
Attorney General pursuant to Section 40432.
48023.5.  (a) In addition to the remedies authorized under Section
48023, any costs or damages incurred under this article by the board
constitute a lien upon the real property owned by any responsible
party that is subject to the remedial action.  The lien shall attach
regardless of whether the responsible party is insolvent.  A lien
imposed under this section shall arise at the time costs are first
incurred by the board with respect to a remedial action at the site.
   (b) A lien established under this section shall be subject to the
notice and hearing procedures required by due process of the law.
Prior to imposing the lien, the board shall send the property owner
via certified mail a "Notice of Intent to Place A Lien" letter.  This
letter shall provide that the owner, within 14 calendar days from
the date of receipt of the letter, may object to the imposition of
the lien either in writing or through an informal proceeding before a
neutral official.  This neutral official shall be the board's
executive director or his or her designee, who may not have had any
prior involvement with the site.  The issue before the neutral
official shall be whether the board has a reasonable basis for its
determination that the statutory elements for lien placement under
this section are satisfied.  During this proceeding the property
owner may present information or submit documents, or both, to
establish that the board should not place a lien as proposed.  The
neutral official shall assure that a record of the proceeding is
made, and shall issue a written decision.  The decision shall state
whether the property owner has established any issue of fact or law
to alter the board's intention to file a lien, and the basis for the
decision.
   (c) The board may not be considered a responsible party for a
remediated site merely because a lien is imposed under this section.
   (d) A lien imposed under this section shall continue until the
liability for the costs or damages incurred under this article, or a
judgment against the responsible party, is satisfied.  However, if it
is determined by a court that the judgment against the responsible
party will not be satisfied, the board may exercise its rights under
the lien.
   (e) A lien imposed under this section shall have the force and
effect of, and the priority of, a judgment lien upon its recordation
in the county in which the property subject to the lien is located.
The lien shall contain a legal description of the real property that
is subject to, or affected by, the remedial action, the assessor's
parcel number, and the name of the owner of record, as shown on the
latest equalized assessment roll.
   (f) All funds recovered under this section on behalf of the board'
s solid waste disposal and codisposal site cleanup program shall be
deposited in the Solid Waste Disposal Site Cleanup Trust Fund
established under Section 48027.
48024.  Any contract entered into by the board pursuant to Section
48021 or 48022 is exempt from approval by the Department of General
Services pursuant to Section 10295 of the Public Contract Code.
48025.  The board may adopt regulations for the implementation of
this article.
48026.  All expenses which are incurred by the board in carrying out
this article shall be payable solely from the trust fund.  No
liability or obligation is imposed upon the state pursuant to this
part, and the board shall not incur a liability or obligation beyond
the extent to which money is provided in the trust fund for the
purposes of this article.
48027.  (a) (1) The Legislature hereby finds and declares that
effective response to cleanup at solid waste disposal and codisposal
sites requires that the state have sufficient funds available in the
trust fund created pursuant to subdivision (b).
   (2) The Legislature further finds and declares that the
maintenance of the trust fund is of the utmost importance to the
state and that it is essential that any money in the trust fund be
used solely for the purposes authorized in this article and not be
used, loaned, or transferred for any other purpose.
   (b) The Solid Waste Disposal Site Cleanup Trust Fund is hereby
created in the State Treasury.  Notwithstanding Section 13340 of the
Government Code, the money in the trust fund is hereby continuously
appropriated to the board for expenditure, without regard to fiscal
years, for the purposes of this article.
   (c) The following money shall be deposited into the trust fund:
   (1) Funds appropriated by the Legislature from the Integrated
Waste Management Account to the board for solid waste disposal or
codisposal site cleanup.
   (2) Any interest earned on the money in the trust fund.
   (3) Any cost recoveries from responsible parties for solid waste
disposal or codisposal site cleanup and loan repayments pursuant to
this article.
   (d) If this article is repealed, the trust fund shall be dissolved
and all money in the fund shall be distributed to solid waste
landfill operators who have paid into the trust fund during effective
life of the trust fund.
   (e) Any trust fund distributions received by solid waste landfill
operators pursuant to subdivision (c) may be used for only any of the
following activities, as related to solid waste landfills:
   (1) Solid waste landfill closure and postclosure maintenance
operations.
   (2) Implementation of Part 258 (commencing with Section 258.1) of
Title 40 of the Code of Federal Regulations.
   (3) Corrective actions at the solid waste landfill.
   (f) The balance in the trust fund each July 1 shall not exceed
thirty million dollars ($30,000,000).
48028.  Any funds appropriated for the purpose of the program that
are not expended shall remain in the trust fund for future
expenditure by the board for the purposes of this article or until
this article is repealed.