California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 47 - Loan Programs › Article 1 - Cleanup Loans and Environmental Assistance to Neighborhoods Revolving Loan Fund › Section 68211 - ISCP Environmental Oversight Agreements; CLEAN Loan Program Response Action Agreements or Equivalent Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) ISCP Environmental Oversight Agreements,
				  CLEAN Loan Program Response Action Agreements, and enforceable agreements with
				  the State Board or a Regional Board under subdivision (h) of section
				  25395.28
				  of the Health and Safety Code, shall contain, at a minimum, the following:
(1) Identification of parties entering into
				  the agreement;
(2) Description of
				  the Property subject to the agreement, and description of any environmental
				  assessment or other Response Action activities previously performed on the
				  Property;
(3) If the Property is
				  part of a larger site where there is known or suspected release or threatened
				  release of a Hazardous Material, description of the site and nature and extent
				  of any known or suspected release or threatened release of a Hazardous Material
				  on the site;
(4) Description of the
				  work that will be performed using Loan funds, including a detailed scope of
				  work, schedules, public participation activities, quality assurance/quality
				  control plans, and health and safety plans;
(5) Provision that the Borrower shall
				  reimburse the Administering Agency's costs for oversight of the preparation and
				  approval of a PEA or PEA-equivalent site assessment, or Response Action, as
				  appropriate and as specified under section
				  25395.28
				  of the Health and Safety Code, on any portion of the Property where the work
				  that is performed is not funded by Loan funds;
(6)
(A) For
				  ISCP Loans, provision for the Department's approval of the PEA, and any
				  reports, plans, schedules, or other documents submitted under the agreement,
				  including provisions regarding any Department-required modifications to
				  submittals;
(B) For CLEAN Loan
				  Program Loans, provision for the Administering Agency's approval of any
				  Response Actions and any reports, plans, schedules, or other documents
				  submitted under the agreement, including provisions regarding any modifications
				  to submittals required by the Administering Agency;
(7) Provision regarding actions to be taken
				  in the event of endangerment during implementation of work on the
				  Property;
(8) Provision regarding
				  Administering Agency and Department, if the Department is not the Administering
				  Agency, access to the Property;
(9)
				  Provision regarding sampling, data, and document availability and
				  preservation;
(10) Provision
				  regarding notifications of field activities and any condition posing an
				  immediate threat to public health or safety or the environment on the
				  Property;
(11) Provision regarding
				  the Borrower's liability related to activities on the Property;
(12) For ISCP Loans, provision regarding the
				  Department's oversight costs for the preparation and approval of a PEA on the
				  Property required by the Department, and for CLEAN Loan Program Loans,
				  provision regarding the Administering Agency's costs for oversight of any
				  Response Action on the Property:
(A) A
				  Borrower is liable for paying the Administering Agency's oversight costs
				  pursuant to section
				  25395.28
				  of the Health and Safety Code, associated with the oversight of the preparation
				  and approval of the PEA or the Response Action unless the Department determines
				  there are sufficient funds in the Account to reimburse the Administering Agency
				  for that oversight;
(B) If the
				  Department determines that the Account has insufficient funds to pay for the
				  oversight costs associated with the oversight of the preparation and approval
				  of the PEA or the Response Action, the Borrower shall pay the Administering
				  Agency's costs as specified under section
				  25395.28
				  of the Health and Safety Code. If the Department makes a determination that the
				  Account has insufficient funds to pay for the oversight costs after a Loan
				  Agreement has been executed, the Department will notify the Borrower that the
				  Borrower will be billed for the Administering Agency's oversight costs as
				  specified under section
				  25395.28
				  of the Health and Safety Code, that are not reimbursed from the
				  Account;
(C) The Department shall
				  reimburse the State Board or Regional Board only if the conditions in
				  25395.28(g) are met; and
(13) Any other provisions as agreed by the
				  parties determined to be necessary by the Administering
				  Agency.