California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 50 - Corrective Action › Article 1.5 - Unified Program Agency Qualification › Section 68400.12 - Definitions Applicable to this Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise defined herein, the definitions of terms
					 used in this chapter shall be those in Division 20 of the Health and Safety
					 Code and section
					 66260.10 of this division. For the
					 purposes of this chapter, the following definitions apply:
"Administrative enforcement order" means an order or
					 consent agreement issued pursuant to Health and Safety Code section
					 25187.
"Administrative record file" means a record maintained by
					 the UPA that consists of all documents the UPA relied upon or considered when
					 selecting, taking or requiring corrective action pursuant to this
					 chapter.
"Application" means a request submitted by a Unified
					 Program Agency to the Department for a determination of qualification to
					 implement the environmental assessment and corrective action portions of the
					 unified program pursuant to Health and Safety Code section
					 25404.1.
"Certified Unified Program Agency" or "CUPA" means an
					 agency as defined in Title 27, California Code of Regulations, subsection
					 15110(a), that
					 has been certified by the secretary to implement the Unified Program.
"Corrective action" means activities taken to investigate,
					 characterize, evaluate, correct, remove, or remediate a release or threatened
					 release of a hazardous waste or constituent, as necessary to protect public
					 health and/or the environment.
"Department" means the Department of Toxic Substances
					 Control.
"Hazardous constituent" has the meaning set forth in
					 section 66260.10 of this division.
"Hazardous waste" has the meaning set forth in Health and
					 Safety Code section
					 25117.
"Less complex site" means a site at which all of the
					 following conditions apply:
(1) the
				  site characterization, performed as part of the site investigation required
				  pursuant to subsection
				  68400.16(d)(3),
				  indicates the presence of only those chemicals listed in Appendix I of this
				  chapter. The chemicals listed in Appendix I are among the chemicals for which
				  advisory screening numbers have been developed by the California Environmental
				  Protection Agency pursuant to Health and Safety Code section
				  57008;
(2) the selected remediation alternative at
				  the site consists only of removal of no more than 60 cubic yards of
				  contaminated soil, as measured
in situ
;
(3) the human health screening evaluation,
				  performed as part of the preliminary endangerment assessment required pursuant
				  to subsection
				  68400.16(d)(2),
				  indicates that the remaining contamination at the site does not pose a
				  significant threat to human health, as determined by a risk estimation greater
				  than or equal to 10-6 or a hazard index greater than
				  one resulting from the summation of risk/hazard for all media, and
(4) the release has been adequately
				  characterized as determined by the Department or qualified UPA.
"Local oversight program" means the program in which local
					 agencies oversee corrective actions at underground storage tank sites through a
					 contract with the State Water Resources Control Board pursuant to Health and
					 Safety Code section
					 25297.1.
"Phase I environmental assessment" has the meaning set
					 forth in Health and Safety Code section
					 25200.14.
"Preliminary endangerment assessment" has the meaning set
					 forth in Health and Safety Code section
					 25319.5.
"Qualified UPA" means an agency delegated by the Department
					 to implement and enforce the environmental assessment and corrective action
					 pursuant to Health and Safety Code section
					 25404.1.
"Release" means any spilling, leaking, pumping, pouring,
					 emitting, emptying, discharging, injecting, escaping, leaching, dumping or
					 disposing into the environment, including the abandonment or discarding of
					 barrels, containers, and other closed receptacles containing hazardous waste,
					 hazardous constituents, hazardous substances or hazardous materials.
"Risk assessment" means a risk-based system of analysis
					 used to characterize the current and potential threats to human health and the
					 environment that may be posed by contaminants migrating to groundwater or
					 surface water, releasing to air, leaching through soil, remaining in the soil
					 and bioaccumulating in the food chain.
"Site" means any site, area or facility, including, but not
					 limited to, any building, structure, installation, equipment, pipe or pipeline,
					 well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor
					 vehicle, rolling stock or aircraft, where any hazardous waste, hazardous
					 constituent, hazardous substance or hazardous material has been treated,
					 stored, transferred, disposed of, deposited, placed, released, or has otherwise
					 come to be located.
"Technical staff" means staff assigned to oversee
					 environmental assessments and corrective action.
"Unified Program Agency" or "UPA" means the agency as
					 defined in Health and Safety Code subsection
					 25404(a)(1)(C).
1. New
					 section filed 7-20-2006; operative 8-19-2006 (Register 2006, No.
					 29).
Note: Authority cited: Sections
						25150,
						25404.1
						and
						58012,
						Health and Safety Code. Reference: Sections
						25187,
						25187.1,
						25200.3,
						25200.10,
						25200.14,
						25356.1
						and
						25404.1,
						Health and Safety Code.