California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations › Article 1 - General Provisions › Section 28001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise defined in the Health and
					 Safety Code, the following definitions apply to this chapter:
(a) "Agency" means the California
					 Environmental Protection Agency.
(b) "Arbitration" means any proceeding
					 arbitrating issues pursuant to sections
					 25356.3
					 and
					 25398.10(a)
					 of the Health and Safety Code.
(c)
					 "Arbitration panel" means the three arbitrators selected for an individual site
					 pursuant to Health and Safety Code section
					 25356.2
(d) "Arbitrator" means an individual selected
					 pursuant to Health and Safety Code section
					 25356.2.
(e) "Days" means calendar days.
(f) "Department" means the Department of
					 Toxic Substances Control.
(g)
					 "Director" means the Director of the Office of Environmental Health Hazard
					 Assessment, or the Director's designee.
(h) "Ex parte communication" means any
					 communication, written or oral, relating to the merits of the arbitration,
					 between the arbitration panel and any interested person, which was not
					 originally filed or stated in the administrative record of the arbitration.
					 Such communication is not an ex parte communication if all parties to the
					 arbitration have received prior written notice of the proposed communication
					 and have been given the opportunity to be present and to participate
					 therein.
(i) "Interested person"
					 means the Director, Department, Water Board, any party to the arbitration, any
					 potentially responsible party associated with the site concerned, any person
					 who filed written comments in the arbitration, any participant or intervenor in
					 the arbitration, all officers, directors, employees, consultants, and agents of
					 any party, and any attorney of record for any of the foregoing
					 persons.
(j) "Participating
					 Potentially Responsible Party" means a responsible party who has agreed to
					 submit to binding arbitration by the arbitration panel.
(k) "Party" means any party to an
					 arbitration, including the participating potentially responsible parties, the
					 Department, the Water Board, and the affected community and public.
(l) "Remedial Action Plan" and "Final
					 Remedial Action Plan" means a plan prepared pursuant to Health and Safety Code
					 sections
					 25356.1
					 or
					 25398.4,
					 where applicable.
(m) "Responsible
					 Person" has the same meaning as set forth in Health and Safety Code section
					 25323.5
					 for "responsible party" or "liable person."
(n) "Secretary" means the Secretary for
					 Environmental Protection, or the Secretary's designee.
(o) "Water Board" means the State Water
					 Resources Control Board or Regional Water Quality Control Board with
					 jurisdiction over a hazardous substance release site.
1. New section filed
					 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate
					 of Compliance must be transmitted to OAL by 3-9-96 or emergency language will
					 be repealed by operation of law on the following day.
2. New section
					 refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96
					 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL
					 by 11-5-96 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 10-31-96 as an emergency;
					 operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-28-97 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97,
					 No. 3).
6. Change without regulatory effect renumbering title 22,
					 section 15001 to title 27, section
					 28001 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority
					 cited: Sections
					 59012,
					 25356.10,
					 Health and Safety Code. Stats. 1994, ch. 435 (SB 923), Section
					 3. Reference: Sections
					 25356.2-
					 25356.10
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.