reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 10.5 - Local Government Removal or Remedial Actions › Section 79160.

79160. A city or county may initiate a removal or remedial action for a site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 in accordance with this article. Except as provided in Section 79175, the city or county shall, before commencing the removal or remedial action, take all of the following actions:
(a) The city or county shall notify the department of the planned removal or remedial action. Upon receiving this notification, the department shall make a reasonable effort to notify any person identified by the department as a potentially responsible party for the site. If a potentially responsible party is taking the removal or remedial action properly and in a timely fashion, or if a potentially responsible party will commence the action within 60 days of this notification, the city or county may not initiate a removal or remedial action pursuant to this article.
(b) If a potentially responsible party for the site has not taken the action specified in subdivision (a), the city or county shall submit the estimated cost of the removal or remedial action to the department, which shall, within 30 days after receiving the estimate, approve or disapprove the reasonableness of the cost estimate. If the department disagrees with the cost estimate, the city or county and the department shall, within 30 days, attempt to enter into an agreement concerning the cost estimate.
(c) The city or county shall demonstrate to the department that it has sufficient funds to carry out the approved removal or remedial action without taking into account any costs of the action that may be, or have been, paid by a potentially responsible party.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 10.5 - Local Government Removal or Remedial Actions › Section 79165.

79165. If the director approves the request of the city or county to initiate a removal or remedial action and a final remedial action plan has been issued pursuant to Article 12 (commencing with Section 79195) for the hazardous substance release site, the city or county shall be deemed to be acting in place of the department for purposes of implementing the remedial action plan pursuant to this part.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 10.5 - Local Government Removal or Remedial Actions › Section 79170.

79170. Upon reimbursing a city or county for the costs of a removal or remedial action, the department shall recover these costs pursuant to Section 79650.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 10.5 - Local Government Removal or Remedial Actions › Section 79175.

79175. (a) In order for a city or county to be reimbursed for the costs of a removal or remedial action incurred by the city or county from the state account, the city or county shall obtain the approval of the director before commencing the removal or remedial action.
(b) The director shall grant an approval only when all actions required by law prior to implementation of a remedial action plan have been taken.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 11 - Financial Assurances › Section 79180.

79180. The department shall require a responsible party who is required to undertake corrective action obligations pursuant to a determination issued pursuant to Section 25246.1 to demonstrate and maintain financial assurances in accordance with this article.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 11 - Financial Assurances › Section 79182.

79182. (a) When submitting a feasibility study, a responsible party shall include a cost estimate for the response action.
(b) The responsible party shall demonstrate financial assurances within 90 days of approval of a feasibility study and shall maintain financial assurances until all required response actions are complete, as determined by the department.
(c) (1) For purposes of subdivision (b), the responsible party shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations.
(2) (A) As an alternative to the financial assurance requirement of paragraph (1), a responsible party may demonstrate and maintain financial assurances by means of a financial assurance mechanism other than those described in paragraph (1), if the alternative financial assurance mechanism has been submitted to, and approved by, the department as being at least equivalent to the financial assurance mechanisms described in paragraph (1).
(B) The department shall evaluate the equivalency of the proposed alternative financial assurance mechanism principally in terms of the certainty of the availability of funds for required corrective action activities and the amount of funds that will be made available. The department shall require the owner or operator to submit any information deemed necessary by the department to make a determination regarding the equivalency of the proposed alternative financial assurance mechanism.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 11 - Financial Assurances › Section 79184.

79184. (a) If the source of the release is regulated by the department pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20, the department shall waive the financial assurances required by Section 79180 if the owner or operator of the facility is a federal or state governmental entity, unless the waiver would conflict with applicable law.
(b) If the source of the release is not regulated by the department pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20, the department may waive the financial assurances required by Section 79180 if the department makes one of the following determinations:
(1) The responsible party is a small business and demonstrates all of the following:
(A) The responsible party cannot qualify for any of the financial assurance mechanisms set forth in subdivision (b), (c), or (d) of Section 66265.143 of Title 22 of the California Code of Regulations.
(B) The responsible party financially cannot meet the requirements of subdivision (a) of Section 66265.143 of Title 22 of the California Code of Regulations.
(C) The responsible party is not capable of meeting the eligibility requirements set forth in subdivision (e) of Section 66265.143 of Title 22 of the California Code of Regulations.
(2) The responsible party is a small business and has demonstrated that the responsible party is financially not capable of establishing one of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations while at the same time financing the response action applicable to the site.
(3) The responsible party is not separately required to demonstrate and maintain a financial assurance mechanism for a response action at a site because all of the following conditions apply:
(A) The site is a multiple responsible party site.
(B) Financial assurances that the response action at the site will be carried out is demonstrated and maintained by a financial assurance mechanism established jointly by all, or some, of the responsible parties.
(C) The financial assurance mechanism specified in subparagraph (B) meets the requirements of Section 79180 and subdivision (b) of Section 79182.
(4) The responsible party is a local governmental entity.
(c) The department shall withdraw a waiver granted pursuant to subdivision (b) if the department determines that the responsible party that obtained the waiver no longer meets the eligibility requirements for the waiver.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 11 - Financial Assurances › Section 79186.

79186. A responsible party may satisfy the requirements of this article by demonstrating to the department that it has provided financial assurance for corrective action to the state board or a regional board for the same release identified by the department.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 11 - Financial Assurances › Section 79188.

79188. For sites for which sole jurisdiction has been granted pursuant to subdivision (b) of Section 25204.6, the department shall not require additional financial assurances unless it is the lead agency or is directed by the lead agency that has sole jurisdiction pursuant to subdivision (b) of Section 25204.6.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 11 - Financial Assurances › Section 79190.

79190. The department’s duties to implement this article are contingent upon an appropriation by the Legislature for purposes of implementing the requirements of this article.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79195.

79195. Except as provided in Sections 79225 and 79230, the department, or, if appropriate, the regional board, shall prepare or approve remedial action plans for the sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79200.

79200. (a) A potentially responsible party may request the department or the regional board, when appropriate, to prepare or approve a remedial action plan for a site not listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4, if the department or the regional board determines that a removal or remedial action is required to respond to a release of a hazardous substance. The department or the regional board shall respond to a request to prepare or approve a remedial action plan within 90 days of receipt.
(b) This section does not affect the authority of a regional board to issue and enforce a cleanup and abatement order pursuant to Section 13304 of the Water Code or a cease and desist order pursuant to Section 13301 of the Water Code.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79205.

79205. All remedial action plans prepared or approved pursuant to this article shall be based upon Sections 78855 and 78860 and Subpart E of the National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300.400 et seq.), as amended, and upon all of the following factors, to the extent that these factors are consistent with these federal regulations and do not require a less stringent level of cleanup than these federal regulations:
(a) Health and safety risks posed by the conditions at the site. When considering these risks, the department or the regional board shall consider scientific data and reports that may have a relationship to the site.
(b) The effect of contamination or pollution levels upon present, future, and probable beneficial uses of contaminated, polluted, or threatened resources.
(c) The effect of alternative remedial action measures on the reasonable availability of groundwater resources for present, future, and probable beneficial uses. The department or the regional board shall consider the extent to which remedial action measures are available that use, as a principal element, treatment that significantly reduces the volume, toxicity, or mobility of the hazardous substances, as opposed to remedial actions that do not use this treatment. The department or the regional board shall not select remedial action measures that use offsite transport and disposal of untreated hazardous substances or contaminated materials if practical and cost-effective treatment technologies are available.
(d) Site-specific characteristics, including the potential for offsite migration of hazardous substances, the surface or subsurface soil, and the hydrogeologic conditions, as well as preexisting background contamination levels.
(e) Cost-effectiveness of alternative remedial action measures. In evaluating the cost-effectiveness of proposed alternative remedial action measures, the department or the regional board shall consider, to the extent possible, the total short-term and long-term costs of these actions and shall use, as a major factor, whether the deferral of a remedial action will result, or is likely to result, in a rapid increase in cost or in the hazard to public health or the environment posed by the site. Land disposal shall not be deemed the most cost-effective measure merely on the basis of lower short-term cost.
(f) The potential environmental impacts of alternative remedial action measures, including, but not limited to, land disposal of the untreated hazardous substances as opposed to treatment of the hazardous substances to remove or reduce its volume, toxicity, or mobility prior to disposal.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79210.

79210. A remedial action plan prepared pursuant to this article shall include the basis for the remedial action selected and shall include an evaluation of each alternative considered and rejected by the department or the regional board for a particular site. The plan shall include an explanation for rejection of alternative remedial actions considered but rejected. The plan shall also include an evaluation of the consistency of the selected remedial action with the requirements of the federal regulations and the factors specified in Section 79205, if those factors are not otherwise adequately addressed through compliance with the federal regulations. The remedial action plan shall also include a nonbinding preliminary allocation of responsibility among all identifiable potentially responsible parties at a particular site, including those parties that may have been released, or may otherwise be immune, from liability pursuant to this part or any other provision of law.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79215.

79215. (a) Before adopting a final remedial action plan, the department or the regional board shall prepare or approve a draft remedial action plan and shall do all of the following:
(1) Circulate the draft plan for at least 30 days for public comment.
(2) Notify affected local and state agencies of the removal and remedial actions proposed in the remedial action plan and publish a notice in a newspaper of general circulation in the area affected by the draft remedial action plan. The department or the regional board shall also post notices in the location where the proposed removal or remedial action would be located and shall notify, by direct mailing, the owners of property contiguous to the site addressed by the plan, as shown in the latest equalized assessment roll.
(3) Hold one or more meetings with the lead and responsible agencies for the removal and remedial actions, the potentially responsible parties for the removal and remedial actions, and the interested public, to provide the public with the information that is necessary to address the issues that concern the public. The information to be provided shall include an assessment of the degree of contamination, the characteristics of the hazardous substances, an estimate of the time required to carry out the removal and remedial actions, and a description of the proposed removal and remedial actions.
(4) Comply with Section 78930.
(b) After complying with subdivision (a), the department or the regional board shall review and consider any public comments, and shall revise the draft plan, if appropriate. The department or the regional board shall then issue the final remedial action plan.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79220.

79220. (a) (1) A potentially responsible party named in the final remedial action plan issued by the department or the regional board may seek judicial review of the final remedial action plan by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure within 30 days after the final remedial action plan is issued by the department or the regional board. No action may be brought by a potentially responsible party to review the final remedial action plan if the petition for writ of mandate is not filed within 30 days of the date that the final remedial action plan was issued.
(2) Any other person who has the right to seek judicial review of the final remedial action plan by filing a petition for writ of mandate pursuant to Section 1085 of the Code of Civil Procedure shall do so within one year after the final remedial action plan is issued. No action may be brought by any other person to review the final remedial action plan if the petition for writ of mandate is not filed within one year of the date that the final remedial action plan was issued.
(3) The filing of a petition for writ of mandate to review the final remedial action plan shall not stay any removal or remedial action specified in the final plan.
(b) For purposes of judicial review, the court shall uphold the final remedial action plan if the plan is based upon substantial evidence available to the department or the regional board, as the case may be.
(c) This section does not prohibit the court from granting any appropriate relief within its jurisdiction, including, but not limited to, enjoining the expenditure of funds pursuant to paragraph (2) of subdivision (b) of Section 78305.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79225.

79225. (a) This article does not require the department or a regional board to prepare a remedial action plan if conditions present at a site present an imminent or substantial endangerment to the public health and safety or to the environment or, if the department, a regional board, or a responsible party takes a removal action at a site and the estimated cost of the removal action is less than two million dollars ($2,000,000).
(b) The department or a regional board shall prepare or approve a removal action work plan for all sites where a nonemergency removal action is proposed and where a remedial action plan is not required. For sites where removal actions are planned and are projected to cost less than two million dollars ($2,000,000), the department or a regional board shall make the local community aware of the hazardous substance release site and shall prepare, or direct the parties responsible for the removal action to prepare, a community profile report to determine the level of public interest in the removal action. Based on the level of expressed interest, the department or regional board shall take appropriate action to keep the community informed of project activity and to provide opportunities for public comment that may include conducting a public meeting on proposed removal actions.
(c) (1) A remedial action plan is not required pursuant to Section 79195 if the site is listed on the National Priorities List by the United States Environmental Protection Agency pursuant to the federal act, if the department or the regional board concurs with the remedy selected by the United States Environmental Protection Agency’s record of decision. The department or the regional board may sign the record of decision issued by the United States Environmental Protection Agency if the department or the regional board concurs with the remedy selected.
(2) Paragraph (1) does not apply to a removal action paid from the state account.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79230.

79230. The department may waive the requirement that a remedial action plan meet the requirements specified in Section 79205 if all of the following apply:
(a) The responsible party adequately characterizes the hazardous substance conditions at a site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4.
(b) The responsible party submits to the department, in a form acceptable to the department, all of the following:
(1) A description of the techniques and methods to be employed in excavating, storing, handling, transporting, treating, and disposing of materials from the site.
(2) A listing of the alternative remedial measures that were considered by the responsible party in selecting the proposed removal action.
(3) A description of methods that will be employed during the removal action to ensure the health and safety of workers and the public during the removal action.
(4) A description of prior removal actions with similar hazardous substances and with similar public safety and environmental considerations.
(c) The department determines that the remedial action plan provides protection of human health and safety and for the environment at least equivalent to that which would be provided by a remedial action plan prepared in accordance with Section 79205.
(d) The total cost of the removal action is less than two million dollars ($2,000,000).
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79235.

79235. For purposes of this article, the cost of a removal action includes the cleanup or removal of released hazardous substances from the environment or the taking of other actions that are necessary to prevent, minimize, or mitigate damage that may otherwise result from a release or threatened release, as further defined by Section 101(23) of the federal act (42 U.S.C. Sec. 9601(23)).
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 12 - Planning › Section 79240.

79240. Article 2 (commencing with Section 13320), Article 3 (commencing with Section 13330), Article 5 (commencing with Section 13350), and Article 6 (commencing with Section 13360) of Chapter 5 of Division 7 of the Water Code apply to an action or failure to act by a regional board pursuant to this article.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 13 - Standards › Section 79260.

79260. Any response action taken or approved pursuant to this part shall be based upon, and no less stringent than, all of the following requirements:
(a) The requirements established under federal regulation pursuant to Subpart E of the National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300.400 et seq.), as amended.
(b) The regulations established pursuant to Division 7 (commencing with Section 13000) of the Water Code, all applicable water quality control plans adopted pursuant to Section 13170 of the Water Code and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of the Water Code, and all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code, to the extent that the department or the regional board determines that those regulations, plans, and policies do not require a less stringent level of remediation than the federal regulations specified in subdivision (a) and to the degree that those regulations, plans, and policies do not authorize decisionmaking procedures that may result in less stringent response action requirements than those required by the federal regulations specified in subdivision (a).
(c) Any applicable provisions of this part, to the extent those provisions are consistent with the federal regulations specified in subdivision (a) and do not require a less stringent level of remediation than, or decisionmaking procedures that are at variance with, the federal regulations set forth in subdivision (a).
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 13 - Standards › Section 79265.

79265. (a) Any health or ecological risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall be based upon Subpart E of the National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300.400 et seq.), the policies, guidelines, and practices of the United States Environmental Protection Agency developed pursuant to the federal act, and the most current sound scientific methods, knowledge, and practices of public health and environmental professionals who are experienced practitioners in the fields of epidemiology, risk assessment, environmental contamination, ecological risk, fate and transport analysis, and toxicology.
(b) Risk assessment practices shall include the most current sound scientific methods for data evaluation, exposure assessment, toxicity assessment, and risk characterization, documentation of all assumptions, methods, models, and calculations used in the assessment.
(c) Any health risk assessment shall include all of the following:
(1) Evaluation of risks posed by acutely toxic hazardous substances based on levels at which no known or anticipated adverse effects on health will occur, with an adequate margin of safety.
(2) Evaluation of risks posed by carcinogens or other hazardous substances that may cause chronic disease based on a level that does not pose any significant risk to health.
(3) Consideration of possible synergistic effects resulting from exposure to, or interaction with, two or more hazardous substances.
(4) Consideration of the effect of hazardous substances upon subgroups that comprise a meaningful portion of the general population, including, but not limited to, infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations, that are identifiable as being at greater risk of adverse health effects due to exposure to hazardous substances than the general population.
(5) Consideration of exposure and body burden level that alter physiological function or structure in a manner that may significantly increase the risk of illness and of exposure to hazardous substances in all media, including, but not limited to, exposures in drinking water, food, ambient and indoor air, and soil.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 13 - Standards › Section 79270.

79270. If currently available scientific data are insufficient to determine the level of a hazardous substance at which no known or anticipated adverse effects on health will occur, with an adequate margin of safety, or the level that poses no significant risk to public health, the risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall be based on the level that is protective of public health, with an adequate margin of safety. This level shall be based exclusively on public health considerations, shall, to the extent scientific data are available, take into account the factors set forth in paragraphs (1) to (5), inclusive, of subdivision (c) of Section 79265, and shall be based on the most current principles, practices, and methods used by public health professionals who are experienced practitioners in the fields of epidemiology, risk assessment, fate and transport analysis, and toxicology.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 13 - Standards › Section 79275.

79275. (a) The exposure assessment of any risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall include the development of reasonable maximum estimates of exposure for both current land use conditions and reasonably foreseeable future land use conditions at the site.
(b) The exposure assessment of any risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall include the development of reasonable maximum estimates of exposure to volatile organic compounds that may enter structures that are on the site or that are proposed to be constructed on the site and may cause exposure due to accumulation of those volatile organic compounds in the indoor air of those structures.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 14 - Onsite Hazardous Waste Facility for Response Action › Section 79290.

79290. To the extent consistent with the federal Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude any portion of a response action conducted entirely onsite from the hazardous waste facility permit requirements of Section 25201 if both of the following apply:
(a) The removal or remedial action is carried out pursuant to a removal action work plan or a remedial action plan prepared pursuant to Article 12 (commencing with Section 79195).
(b) The removal action work plan or the remedial action plan requires that the response action complies with all laws, rules, regulations, standards, and requirements, criteria, or limitations applicable to the construction, operation, and closure of the type of facility at the hazardous substance release site and with any other condition imposed by the department as necessary to protect public health and safety and the environment.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 14 - Onsite Hazardous Waste Facility for Response Action › Section 79295.

79295. (a) The department may enforce in the court for the county in which a response action exempted pursuant to Section 79290 is located any federal or state law, rule, regulation, standard, requirements, criteria, or limitation with which the remedial or removal action is required to comply.
(b) (1) Any consent decree entered into pursuant to an enforcement action authorized by this section shall require the parties to attempt expeditiously to informally resolve any disagreements concerning the implementation of the response action with the appropriate federal and state agencies and shall provide for administrative enforcement.
(2) The consent decree shall stipulate that the penalty for violation of the consent decree shall be an amount not more than twenty-five thousand dollars ($25,000) per day, which may be enforced by the state. These penalties do not impair or affect the authority of the court to order compliance with the specific terms of the consent decree.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 15 - Operation and Maintenance › Section 79310.

79310. For purposes of this article, “small business” is a business that meets the requirements set forth in subdivision (d) of Section 14837 of the Government Code.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 15 - Operation and Maintenance › Section 79315.

79315. Except as provided in subdivision (a) of Section 79325, the department or the regional board shall require any responsible party who is required to comply with operation and maintenance requirements as part of a response action, to demonstrate and to maintain financial assurance in accordance with this article. The responsible party shall demonstrate financial assurance prior to the time that operation and maintenance activities are initiated and shall maintain it throughout the period of time necessary to complete all required operation and maintenance activities.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 15 - Operation and Maintenance › Section 79320.

79320. (a) For purposes of Section 79315, the responsible party shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations.
(b) As an alternative to the requirement of subdivision (a), a responsible party may demonstrate and maintain financial assurance by means of a financial assurance mechanism other than those specified in subdivision (a), if the alternative financial assurance mechanism has been submitted to, and approved by, the department or the regional board as being at least equivalent to the financial assurance mechanisms specified in subdivision (a). The department or the regional board shall evaluate the equivalency of the proposed alternative financial assurance mechanism principally in terms of the certainty of the availability of funds for required operation and maintenance activities and the amount of funds that will be made available. The department or the regional board shall require the responsible party to submit any information necessary to make a determination as to the equivalency of the proposed alternative financial assurance mechanism.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 15 - Operation and Maintenance › Section 79325.

79325. (a) The department or the regional board shall waive the financial assurance required by Section 79315 if the department or the regional board makes one of the following determinations:
(1) The responsible party is a small business and has demonstrated all of the following:
(A) The responsible party cannot qualify for any of the financial assurance mechanisms set forth in subdivisions (b), (c), and (d) of Section 66265.143 of Title 22 of the California Code of Regulations.
(B) The responsible party financially cannot meet the requirements of subdivision (a) of Section 66265.143 of Title 22 of the California Code of Regulations.
(C) The responsible party is not capable of meeting the eligibility requirements set forth in subdivision (e) of Section 66265.143 of Title 22 of the California Code of Regulations.
(2) The responsible party is a small business and has demonstrated that the responsible party financially is not capable of establishing one of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations while at the same time financing the operation and maintenance requirements applicable to the site.
(3) The responsible party is not separately required to demonstrate and maintain a financial assurance mechanism for operation and maintenance activities at a site because of all of the following conditions:
(A) The site is a multiple responsible party site.
(B) Financial assurance that operation and maintenance activities at the site will be carried out is demonstrated and maintained by a financial assurance mechanism established jointly by all, or some, of the responsible parties.
(C) The financial assurance mechanism specified in subparagraph (B) meets the requirements of Sections 79315 and 79320.
(4) The responsible party is a federal, state, or local government entity.
(b) The department or the regional board shall withdraw a waiver granted pursuant to paragraph (1) or (2) of subdivision (a) if the department or the regional board determines that the responsible party that obtained the waiver no longer meets the eligibility requirements for the waiver.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 15 - Operation and Maintenance › Section 79330.

79330. On or before January 15, 2001, the department shall report to the Legislature all of the following:
(a) The number of requests the department and the regional boards have received for waivers from the financial assurance requirements of this article during the period between May 26, 1999, and January 1, 2001.
(b) The disposition of the requests that were received and the reasons for granting the waivers that were allowed and rejecting the waivers that were disallowed.
(c) The total number of businesses or other entities that were required by this article to demonstrate and maintain financial assurance, the number of businesses or other entities that were able to comply with the requirement, the number that were unable to comply and the reasons why they could not or did not comply, and the history of compliance with this part and Chapter 6.5 (commencing with Section 25100) of Division 20 by responsible parties that requested waivers.
(d) Financial assurance mechanisms other than the financial assurance mechanisms referenced in subdivision (a) of Section 79320 that may be available to responsible parties.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 16 - Illegal Drug Lab Cleanup › Section 79350.

79350. (a) The department may expend funds appropriated from the Illegal Drug Lab Cleanup Account created pursuant to Section 78370 to pay the costs of removal actions required by this article.
(b) The department may enter into oral contracts, not to exceed ten thousand dollars ($10,000) in obligation, when, in the judgment of the department, immediate corrective action to a hazardous substance subject to this article is necessary to remedy or prevent an emergency.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 16 - Illegal Drug Lab Cleanup › Section 79355.

79355. A state or local law enforcement officer or investigator or other law enforcement agency employee who, in the course of an official investigation or enforcement action regarding the manufacture of an illegal controlled substance, comes in contact with, or is aware of, the presence of a substance that the person suspects is a hazardous substance at a site where an illegal controlled substance is or was manufactured, shall notify the department for the purpose of taking removal action, as necessary, to prevent, minimize, or mitigate damage that might otherwise result from the release or threatened release of the hazardous substance, except for samples required under Section 11479.5 to be kept for evidentiary purposes.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 16 - Illegal Drug Lab Cleanup › Section 79360.

79360. Notwithstanding any other provision of law, upon receipt of a notification pursuant to Section 79355, the department shall take removal action, as necessary, with respect to a hazardous substance that is an illegal controlled substance, a precursor of a controlled substance, a material intended to be used in the unlawful manufacture of a controlled substance, and a container for the material, a waste material from the unlawful manufacture of a controlled substance, or any other item contaminated with a hazardous substance used or intended to be used in the manufacture of a controlled substance.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 16 - Illegal Drug Lab Cleanup › Section 79365.

79365. The department shall, as soon as the information is available, report the location of a removal action that will be carried out pursuant to Section 79360, and the time that the removal action will be carried out, to the local environmental health officer within whose jurisdiction the removal action will take place, if the local environmental officer does both of the following:
(a) Requests, in writing, that the department report this information to the local environmental health officer.
(b) Provides the department with a single 24-hour telephone number to which the information can be reported.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)