2010 California Code
Health and Safety Code
Chapter 6.65. Unified Agency Review Of Hazardous Materials Release Sites

25260.  The definitions set forth in this section shall govern the
interpretation of this chapter. Unless the context requires otherwise
and except as provided in this chapter, the definitions contained in
Article 2 (commencing with Section 25310) of Chapter 6.8 shall apply
to the terms used in this chapter.
   (a) "Administering agency" means the agency designated by the
committee pursuant to Section 25262.
   (b) "Advisory team" means the team convened by the committee
pursuant to Section 25263.
   (c) "Agency" means any city, county, district, commission, the
state, or any department, agency, or political subdivision thereof,
that has jurisdiction under a state or local law, ordinance, or
regulation to supervise, oversee, or approve a site investigation and
a remedial action at a hazardous materials release site.
   (d) "Hazardous material" means a substance or waste that, because
of its physical, chemical, or other characteristics, may pose a risk
of endangering human health or safety or of degrading the
environment. "Hazardous material" includes, but is not limited to,
all of the following:
   (1) A hazardous substance, as defined in Section 25281 or 25316.
   (2) A hazardous waste, as defined in Section 25117.
   (3) A waste, as defined in Section 470 or as defined in Section
13050 of the Water Code.
   (e) "Hazardous materials release site" or "site" means any area,
location, or facility where a hazardous material has been released or
threatens to be released into the environment. "Hazardous materials
release site" does not include a site subject to a response and
cleanup operation under Chapter 7.4 (commencing with Section 8670.1)
of Division 1 of Title 2 of the Government Code or a corrective
action under Part 6 (commencing with Section 46000) of Division 30 of
the Public Resources Code.
   (f) "Committee" means the Site Designation Committee created by
Section 25261.
   (g) "Remedial action" means actions required by state or local
laws, ordinances, or regulations that are necessary to prevent,
minimize, or mitigate damage that may otherwise result from a release
or threatened release of a hazardous material, and that are
consistent with a permanent remedy for a hazardous materials release.
"Remedial action" includes, but is not limited to, the cleanup or
removal of released hazardous materials from the environment,
monitoring, testing and analysis of the site, site operation and
maintenance, and the placing of conditions, limitations, or
restrictions on the uses of the site after remedial action has been
completed.
   (h) "Responsible party" means any person, except for an
independent contractor, who agrees to carry out a site investigation
and remedial action at a hazardous materials release site for one of
the following reasons:
   (1) The person is liable under a state or local law, ordinance, or
regulation for the site investigation or remedial action.
   (2) The site investigation or remedial action is required by a
state or local law, ordinance, or regulation because of a hazardous
materials release.
   (i) "Site investigation" means those actions that are necessary to
determine the full extent of a release or threatened release of a
hazardous material at a hazardous materials release site, identify
the public health and safety or environmental threat posed by the
release or threatened release, collect data on possible remedies, and
otherwise evaluate the hazardous materials release site for the
purpose of implementing remedial action.


25261.  (a) There is within the California Environmental Protection
Agency a Site Designation Committee. The membership of the committee
consists of the following six persons:
   (1) Secretary for Environmental Protection.
   (2) Director of Toxic Substances Control.
   (3) Chairperson of the State Water Resources Control Board.
   (4) Director of Fish and Game.
   (5) Director of the Office of Environmental Health Hazard
Assessment.
   (6) Chairperson of the State Air Resources Board.
   (b) The committee shall carry out the functions described in
Sections 25262, 25263, and 25265 and shall meet as necessary to
ensure that those functions are carried out in a timely manner. The
decisions of the committee shall be subject to the concurrence of
four members. The committee shall choose a chairperson from among its
members. A committee member may designate an employee of the member'
s agency to participate in committee meetings in the member's place.




25262.  (a) A responsible party for a hazardous materials release
site may request the committee at any time to designate an
administering agency to oversee a site investigation and remedial
action at the site. The committee shall designate an administering
agency as responsible for the site within 45 days of the date the
request is received. A request to designate an administering agency
may be denied only if the committee makes one of the following
findings:
   (1) No single agency in state or local government has the
expertise needed to adequately oversee a site investigation and
remedial action at the site.
   (2) Designating an administering agency will have the effect of
reversing a regulatory or enforcement action initiated by an agency
that has jurisdiction over the site, a facility on the site, or an
activity at the site.
   (3) Designating an administering agency will prevent a regulatory
or enforcement action required by federal law or regulations.
   (4) The administering agency and the responsible party are local
agencies formed, in whole or in part, by the same political
subdivision.
   (b) A responsible party who requests the designation of an
administering agency for a hazardous materials release site shall
provide the committee with a brief description of the site, an
analysis of the known or suspected nature of the release or
threatened release that is the subject of required site investigation
or remedial action, a description of the type of facility from which
the release occurred or the type of activity that caused the
release, a specification of the regulatory or enforcement actions
that have been taken, or are pending, with respect to the release,
and a statement of which agency the responsible party believes should
be designated as administering agency for the site.
   (c) (1) The committee shall take all of the following factors into
account in determining which agency to designate as administering
agency for a site:
   (A) The type of release that is the subject of site investigation
and remedial action.
   (B) The nature of the threat that the release poses to human
health and safety or to the environment.
   (C) The source of the release, the type of facility or activity
from which the release occurred, the regulatory programs that govern
the facility or activity involved, and the agency or agencies that
administer those regulatory programs.
   (D) The regulatory history of the site, the types of regulatory
actions or enforcement actions that have been taken with respect to
the site or the facility or activity from which the release occurred,
and the experience and involvement that various agencies have had
with the site.
   (E) The capabilities and expertise of the agencies that are
candidates for designation as the administering agency for the site
and the degree to which those capabilities and that expertise are
applicable to the type of release at the site, the nature of the
threat that the release poses to health and safety or the environment
and the probable remedial measures that will be required.
   (2) After weighing the factors described in paragraph (1) as they
apply to the site, the committee shall use the criteria specified in
subparagraphs (A), (B), (C), and (D) as guidelines for designating
the administering agency. If more than one of the criteria apply to
the site, the committee shall use its best judgment, taking into
account the known facts concerning the hazardous materials release at
the site and its regulatory history, in determining which agency may
best serve as the administering agency. The criteria are as follows:
   (A) The administering agency shall be the Department of Toxic
Substances Control if one of the following applies:
   (i) The department has issued an order, or otherwise initiated
action, with respect to the release at the site pursuant to Section
25355, 25355.5, or 25358.3.
   (ii) The department has issued an order for corrective action at
the site pursuant to Section 25187.
   (iii) The source of the release is a facility or hazardous waste
management unit or an activity that is, or was, regulated by the
department pursuant to Chapter 6.5 (commencing with Section 25100).
   (iv) The department is conducting, or has conducted, oversight of
the site investigation and remedial action at the site at the request
of the responsible party.
   (B) The administering agency shall be the California regional
water quality control board for the region in which the site is
located, if one of the following applies:
   (i) The California regional water quality control board has issued
a cease and desist order pursuant to Section 13301, or a cleanup and
abatement order pursuant to Section 13304 of the Water Code in
connection with the release at the site.
   (ii) The source of the release is a facility or an activity that
is subject to waste discharge requirements issued by the California
regional water quality control board pursuant to Section 13263 of the
Water Code or that is regulated by the California regional water
quality control board pursuant to Article 5.5 (commencing with
Section 25159.10) of, or Article 9.5 (commencing with Section 25208)
of, Chapter 6.5, or pursuant to Chapter 6.67 (commencing with Section
25270).
   (iii) The California regional water quality control board has
jurisdiction over the site pursuant to Chapter 5.6 (commencing with
Section 13390) of Division 7 of the Water Code.
   (C) The administering agency shall be the Department of Fish and
Game if the release has polluted or contaminated the waters of the
state and the department has taken action against the responsible
party pursuant to Section 2014 or 12015 of, or Article 1 (commencing
with Section 5650) of Chapter 2 of Part 1 of Division 6 of, the Fish
and Game Code, subsection (f) of Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended,
(42 U.S.C. Sec. 9607 (f)), or Section 311 of the Federal Water
Pollution Act, as amended (33 U.S.C. Sec. 1321).
   (D) The administering agency shall be a local agency if any one of
the following circumstances is applicable:
   (i) The source of the release at the site is an underground
storage tank, as defined in subdivision (y) of Section 25281, the
local agency is the agency described in subdivision (i) of Section
25281, and there is no evidence of any extensive groundwater
contamination at the site.
   (ii) The local agency has accepted responsibility for overseeing
the site investigation or remedial action at the site and a state
agency is not involved.
   (iii) The local agency has agreed to oversee the site
investigation or remedial action at the site and is certified, or has
been approved, by a state agency to conduct that oversight.
   (d) A responsible party for a hazardous materials release site may
request the designation of an administering agency for the site
pursuant to this section only once. The action of the committee on
the request is a final action and is not subject to further
administrative or judicial review.



25263.  (a) Any agency, including the administering agency, may
request the committee at any time to convene an advisory team for the
purpose of providing the administering agency with guidance in
overseeing the site investigation and remedial action at a hazardous
materials release site. If the request is made by an agency other
than the administering agency, the request shall be in writing, and
shall specify any issue that is of concern to the requesting agency,
the requirements of the laws, ordinances, regulations, or standards
that are related to the issue, and the manner in which the
administration or implementation of those requirements by the
administering agency has raised the issue concerning the site
investigation or remedial action at the hazardous materials release
site. The committee shall create such an advisory team within 30
calendar days of the date of receipt of the request and shall
designate the members of the advisory team after consulting with
interested agencies. The advisory team shall be chaired by the
representative of the agency that requested the advisory team to be
convened and shall meet within five working days of the date that any
agency requests a meeting. A representative of the administering
agency shall attend all advisory team meetings.
   (b) The advisory team may only take action to ensure that the
administering agency has adequate information concerning the
requirements of applicable laws, ordinances, regulations, or
standards to address, in an appropriate and correct manner, any issue
that led to the request for, and the convening of, the advisory
team. To carry out this function, the advisory team shall do all of
the following:
   (1) Define, in a specific manner, any issue related to the site
investigation and remedial action that led to the request to convene
the advisory team.
   (2) Determine the application of the laws, ordinances,
regulations, and standards related to that issue that are applicable
to, and govern, the site investigation and remedial action.
   (3) Make recommendations to the administering agency concerning
the manner in which the applicable laws, ordinances, regulations, and
standards should be administratively applied to appropriately and
correctly resolve the issue.
   (c) An agency, other than the administering agency, that is a
member of the advisory team shall be eligible for reimbursement of
oversight costs related to its participation on the advisory team
from the responsible party for the hazardous materials release site
only if all of the following apply:
   (1) The issue that led to the request to convene the advisory
team, or the issue that is considered by the advisory committee
following its formation, is directly and materially related to the
administration of a law, ordinance, regulation, or standard for which
the agency has actual statutory or administrative responsibility.
   (2) The administering agency certifies that the agency is not able
to address the issue without a significant expenditure of personnel
time or other resources, or certifies that the issue is related to
potential risks to human health or safety or the environment of
sufficient significance to warrant reimbursement of the agency's
oversight expenditures.
   (3) Either of the following applies:
   (A) The responsible party agrees to reimburse the agency's
oversight expenditures.
   (B) The committee directs the responsible party or responsible
parties to reimburse the agency's oversight expenditures.
   (d) Subdivision (c) does not affect the authority of the
administering agency to recover oversight costs in accordance with
applicable law.


25264.  (a) The administering agency for a hazardous materials
release site shall supervise all aspects of a site investigation and
remedial action conducted by the responsible party and, for that
purpose, the administering agency shall, notwithstanding any other
provision of law, including, but not limited to, this division and
Division 7 (commencing with Section 13000) of the Water Code, have
sole jurisdiction over all activities that may be required to carry
out a site investigation and remedial action necessary to respond to
the hazardous materials release at the site. For purposes of this
chapter, the administering agency shall do all of the following:
   (1) Administer all state and local laws, ordinances, regulations,
and standards that are applicable to, and govern, the activities
involved with the site investigation and remedial action at the site.
   (2) Determine the adequacy of site investigation and remedial
action activities at the site and the extent to which the activities
comply, or fail to comply, with applicable state and local laws,
ordinances, regulations, and standards. In making these
determinations, the administering agency shall consult with the
advisory team if one has been convened pursuant to Section 25263.
   (3) Issue permits or other forms of authorization that may be
required by state and local laws, ordinances, and regulations and
that are necessary to undertake activities related to the site
investigation and remedial action at the site. Before issuing a
permit or other authorization pursuant to this paragraph, the
administering agency shall consult with the appropriate agency and
ensure that required procedures are followed and adequate permit
requirements and conditions are imposed.
   (b) Upon determining that a site investigation and remedial action
at a hazardous materials release site has been satisfactorily
completed and that a permanent remedy to the release has been
accomplished, the administering agency shall issue the responsible
party a certificate of completion. The certificate shall describe the
release of hazardous materials that was the subject of the remedial
action and the remedial action that was taken and shall certify that
applicable remedial action standards and objectives were achieved.
   (c) Except as otherwise provided in Section 25265 and this
subdivision, the issuance of a certificate of completion by the
administering agency shall constitute a determination that the
responsible party has complied with the requirements of all state and
local laws, ordinances, regulations, and standards that are
applicable to the site investigation and remedial action for which
the certificate is issued.
   Except as provided in Section 25265, no agency, other than the
administering agency, that has jurisdiction over hazardous materials
releases pursuant to those state and local laws, ordinances, or
regulations may take action against the responsible party with
respect to the hazardous materials release that was the subject of
the site investigation and remedial action for which a certificate of
completion is issued and the administering agency may take action
against the responsible party with respect to the hazardous materials
release that was the subject of the site investigation and remedial
action for which a certificate of completion is issued only if the
administering agency determines that one or more of the following
applies:
   (1) Monitoring, testing, or analysis of the hazardous materials
release site subsequent to the issuance of the certificate of
completion indicates that the remedial action standards and
objectives were not achieved or are not being maintained.
   (2) One or more of the conditions, restrictions, or limitations
imposed on the site as part of the remedial action or certificate of
completion are violated.
   (3) Site monitoring or operation and maintenance activities that
are required as part of the remedial action or certificate of
completion for the site are not adequately funded or are not properly
carried out.
   (4) A hazardous materials release is discovered at the site that
was not the subject of the site investigation and remedial action for
which the certificate of completion was issued.
   (5) A material change in the facts known to the administering
agency at the time the certificate of completion was issued, or new
facts, causes the administering agency to find that further site
investigation and remedial action are required in order to prevent a
significant risk to human health and safety or to the environment.
   (6) The responsible party induced the administering agency to
issue the certificate of completion by fraud, negligent or
intentional nondisclosure of information, or misrepresentation.
   (d) (1) Except as provided in Section 25265, the administering
agency shall be the sole agency responsible for determining if any of
the conditions described in paragraphs (1) to (6), inclusive, of
subdivision (c) are applicable to a hazardous materials release site
for which a certificate of completion has been issued pursuant to
subdivision (b), and for taking any action that is deemed necessary
if that determination is made. Any agency, other than the
administering agency, that has information that any of those
conditions applies to the hazardous materials site shall provide the
administering agency with that information and the administering
agency shall, within 45 calendar days of receipt of the request, do
all of the following:
   (A) Determine whether the condition is applicable.
   (B) If it is applicable, determine if further action at the site
is warranted.
   (C) If further action is warranted, take further action at the
site as may be necessary.
   (2) If the administering agency fails, or refuses, to act properly
or in a timely manner, as required by this subdivision, the agency
that provided the information to the administering agency may
petition the committee for review in accordance with Section 25265.
The decision of the committee shall be final, and shall not be
subject to judicial review.



25265.  (a) Any agency may petition the chairperson of the committee
at any time to review any of the following:
   (1) The manner in which the administering agency is implementing
state and local laws, ordinances, regulations, and standards
applicable to the site investigation and remedial action that is
being carried out by the responsible party at a hazardous materials
release site.
   (2) The decision to issue a certificate of completion for the
site.
   (3) The failure, or refusal, of the administering agency to act
properly or in a timely manner pursuant to subdivision (d) of Section
25264.
   (b) The petition specified in subdivision (a) shall state the
reasons why the review is warranted, the basis for believing that
applicable state and local laws, ordinances, regulations, and
standards are not being implemented properly, or the grounds for
objecting to the issuance of a certificate of completion.
   (c) (1) The committee shall review the petition submitted pursuant
to subdivision (a), consult with the petitioning and administering
agencies, and make a decision regarding the validity of the petition
within 30 calendar days of the date the petition is received.
   (2) If the committee finds that the petition is not valid, it
shall deny the petition. If it finds that the administering agency is
not properly implementing a state or local law, ordinance,
regulation, or standard, the administering agency shall be divested
of exclusive jurisdiction over the implementation of that law,
ordinance, regulation, or standard and the jurisdiction shall revert
to the appropriate agency.
   (3) If the committee finds that there are valid grounds for
objecting to the issuance of a certificate of completion, the
committee shall specify the actions that the responsible party and
the administering agency shall be required to take before the
certificate may be issued.
   (4) If the committee determines that the administering agency has
not acted properly or in a timely manner pursuant to subdivision (d)
of Section 25264, the committee shall determine whether one or more
of the conditions described in paragraphs (1) through (6), inclusive,
of subdivision (c) of Section 25264 applies to the hazardous
materials release site for which a certificate of completion has been
issued pursuant to subdivision (b) of Section 25264. If the
committee makes a determination pursuant to this paragraph, the
committee shall require the administering agency to take any further
action at the site that is necessary to address the condition or
designate another administering agency to take the necessary action.
   (d) Nothing in this section shall be construed to affect or limit
the jurisdiction of the administering agency in connection with the
administration of any state or local law, ordinance, regulation, or
standard that has not been challenged under this section.




25266.  The responsible party for a hazardous materials release site
may, with the approval of the administering agency, terminate the
application of this chapter to the site. The administering agency
shall notify the committee, the advisory team, and any agency that
may have jurisdiction over site investigation or remedial action at
the site that the application of this chapter has been terminated. If
the application of this chapter is terminated, the responsible party
may not request the designation of another administering agency
pursuant to Section 25262.



25267.  If, at any time after site investigation or remedial action
at a hazardous materials release site has begun, the administering
agency determines that the information concerning the site that was
available at the time the administering agency was designated was not
accurate or was incomplete and that new information would likely
have resulted in the designation of a different administering agency,
the administering agency may request the committee to review the
original designation. If, after reviewing the new information and
considering the factors and guidelines specified in subdivision (c)
of Section 25262, the committee concludes that the original
designation was not in the public interest, it may rescind the
original designation and designate a different administering agency.



25268.  Nothing in this chapter shall be construed as infringing on
the right of any agency to obtain from the administering agency for a
site the information that may be necessary for the agency to carry
out its responsibilities under this chapter, including, but not
limited to, its responsibilities under Section 25263, subdivisions
(a), (c) and (d) of Section 25264, and Section 25265.