2022 California Code
Health and Safety Code - HSC
DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
CHAPTER 6.5 - Hazardous Waste Control
ARTICLE 12 - Financial Responsibility and Closure and Maintenance of Facilities
Section 25246.2.
25246.2. (a) All of the following requirements apply if a written cost estimate for corrective action is required pursuant to Section 25246.1:
(1) A corrective action cost estimate shall be based on, and be no less stringent than, the ASTM International Standard E2150.
(2) (A) An owner or operator of a facility requiring corrective action under department oversight shall submit the corrective action cost estimate to the department within 60 days of the department’s request.
(B) If the department determines that the corrective action cost estimate is substantially incomplete or includes substantially unsatisfactory information, the department shall provide a written notice of deficiency to the owner or operator of the hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility within 60 days of receipt of the corrective action cost estimate.
(C) The owner or operator of the hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility shall submit a revised corrective action cost estimate based on the information provided in the written notice of deficiency within 30 days.
(D) The department shall approve or deny the revised corrective action cost estimate within 30 days of receipt of the revised corrective action cost estimate.
(E) If the corrective action cost estimate does not address the information provided in the written notice of deficiency, as determined by the department, the department shall deny the revised corrective action cost estimate and shall, within 60 days of denial of the corrective action cost estimate, develop its own corrective action cost estimate that will be the approved corrective action cost estimate for the facility.
(3) Within 90 days of approval by the department of a corrective action cost estimate, the owner or operator of a hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility shall fund the approved corrective action cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action.
(4) If the owner or operator of a hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility is required to submit a financial assurance mechanism for corrective action, the financial assurances shall be in the form of a trust fund, surety bond, letter or credit, insurance, or any other mechanism authorized under the federal act and the regulations adopted by the department for financial assurance mechanisms.
(5) The financial assurances for an owner or operator of a hazardous waste facility or a respondent or proponent required to conduct corrective action under department oversight at a facility that is required to submit a financial assurance mechanism for corrective action shall be governed by Section 25355.3.
(b) The department may adopt, and revise, when appropriate, standards and regulations to implement this section. Additionally, the department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, to implement this section. The adoption of these regulations shall be declared an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code.
(Added by Stats. 2021, Ch. 73, Sec. 76. (SB 158) Effective July 12, 2021. Superseded on January 1, 2024; see amendment by Stats. 2022, Ch. 258.)
