reglab/statecodes huggingface dataset:
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 8 - NO Observable Effect Levels › Section 25801 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  determination of whether a level of exposure to a chemical known to the state
				  to cause reproductive toxicity has no observable effect for purposes of Section
				  25249.10(c) of
				  the Act shall be based on evidence and standards of comparable scientific
				  validity to the evidence and standards which form the scientific basis for the
				  listing of a chemical as known to the state to cause reproductive toxicity.
				  Nothing in this article shall preclude a person from using evidence, standards,
				  assessment methodologies, principles, assumptions or levels not described in
				  this article to establish that a level of exposure has no observable effect at
				  one thousand (1,000) times the level in question.
(b) A level of exposure to a listed chemical
				  shall be deemed to have no observable effect, assuming exposure at one thousand
				  times that level, provided that the level is determined:
(1) By means of an assessment that meets the
				  standards described in Section
				  25803 to determine the maximum
				  dose level having no observable effect, and dividing that level by one thousand
				  (1,000) to arrive at the maximum allowable dose level; or
(2) By application of a specific regulatory
				  level for the chemical in question as provided in Section
				  25805.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 8 - NO Observable Effect Levels › Section 25821 - Level of Exposure to Chemicals Causing Reproductive Toxicity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of the Act, "level in question" means the chemical concentration of a
				  listed chemical for the exposure in question. The exposure in question includes
				  the exposure for which the person in the course of doing business is
				  responsible, and does not include exposure to a listed chemical from any other
				  source or product.
(b) For purposes
				  of Section
				  25249.10(c) of
				  the Act, the level of exposure to a chemical listed as causing reproductive
				  toxicity shall be determined by multiplying the level in question (stated in
				  terms of a concentration of a chemical in a given medium) times the reasonably
				  anticipated rate of exposure for an individual to a given medium. The
				  reasonably anticipated rate of exposure shall be based on the pattern and
				  duration of exposure that is relevant to the reproductive effect which provided
				  the basis for the determination that a chemical is known to the state to cause
				  reproductive toxicity. (For example, an exposure of short duration is
				  appropriate for a teratogenic chemical, whereas a chronic or protracted
				  exposure is appropriate for one that retards fetal growth.)
(c) The following assumptions shall be used
				  to calculate the reasonably anticipated rate of exposure to a chemical listed
				  as causing reproductive toxicity, unless more specific and scientifically
				  appropriate data are available:
(1) The
				  assumptions set forth in subsection (d) of Section
				  25721 shall be used to calculate
				  the reasonably anticipated rate of exposure to a chemical listed as causing
				  reproductive toxicity, unless more specific and scientifically appropriate data
				  are available.
(2) For exposures to
				  consumer products, the level of exposure shall be calculated using the
				  reasonably anticipated rate of intake or exposure for average users of the
				  consumer product, and not on a per capita basis for the general population. The
				  rate of intake or exposure shall be based on data for use of a general category
				  or categories of consumer products, such as the United States Department of
				  Agriculture Home Economic Research Report, Foods Commonly Eaten by Individuals:
				  Amount Per Day and Per Eating Occasion, where such data are
				  available.
(3) Where a maternal
				  exposure to a chemical listed as causing reproductive toxicity has an effect on
				  the conceptus (embryo or fetus), the level of exposure shall be based on the
				  reasonably anticipated rate of exposure for the mother during the nine-month
				  gestation period.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 9 - Miscellaneous › Section 25900 - Use of Specified Methods of Detection and Analysis as a Defense to an Enforcement Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of Section
				  25249.5 of the Act, no knowing
				  discharge or release, and for purposes of Section
				  25249.6 no knowing and intentional
				  exposure occurs if a person in the course of doing business, otherwise
				  responsible for an alleged release, discharge or exposure can show all of the
				  following:
(1) That he or she has properly
				  applied a method of detection and analysis as defined in subsection (g) below
				  for the chemical in question at any time within the year prior to the service
				  or filing of a notice or complaint concerning an alleged discharge, release or
				  exposure to the chemical in question;
(2) That such method of detection and
				  analysis was applied to the same matrix as defined in subsection (g) below, in
				  which the discharge, release or exposure is alleged to have occurred or to be
				  occurring;
(3) That the method of
				  detection and analysis was conducted by a laboratory certified by the State of
				  California or accredited by the State of California, a federal agency, the
				  National Environmental Laboratory Accreditation Program or similar nationally
				  recognized accrediting organization to perform the particular method of
				  detection and analysis in question; and
(4) That all the reported results show that
				  the chemical in question was not detected.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 9 - Miscellaneous › Section 25901 - Methods of Detection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-24-88 as an emergency; operative 2-27-88 (Register 88, No. 11).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 6-27-88.
2. New section
					 refiled 6-27-88 as an emergency; operative 6-27-88 (Register 88, No. 27). A
					 Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 10-25-88.
3. New section with
					 amendment of subsections (a) and (b), renumbering and amendment of subsections
					 (c) and (d) to subsections (e) and (f), and new subsections (c), (d) and (g)
					 refiled 10-21-88 as an emergency; operative 10-25-88 (Register 88, No. 44). A
					 Certification of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 2-22-89.
4. New section, as
					 amended 10-25-88, refiled 2-21-89 as an emergency; operative 2-22-89 (Register
					 89, No. 10). A Certificate of Compliance must be transmitted to OAL within 120
					 days or emergency language will be repealed on 6-22-89.
5. New
					 section refiled 6-19-89 as an emergency; operative 6-22-89 (Register 89, No.
					 27). A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 10-20-89.
6. Certificate of
					 Compliance as to 6-19-89 order transmitted to OAL 10-20-89 and filed 11-20-89
					 (Register 89, No. 48).
7. Amendment filed 1-7-2003; operative
					 2-6-2003 (Register 2003, No. 2).
8. Change without regulatory effect
					 amending subsection (b) filed 9-11-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 37).
9. Repealer filed 3-3-2005;
					 operative 4-2-2005 (Register 2005, No. 9).
10. Change without
					 regulatory effect renumbering title 22, section
					 12901 to title 27, section
					 25901 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
Note: Authority cited: Section
						25249.12,
						Health and Safety Code. Reference: Sections
						25249.5,
						25249.6
						and
						25249.11,
						Health and Safety Code.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 9 - Miscellaneous › Section 25902 - Formally Required to be Labeled or Identified as Causing Cancer or Reproductive Toxicity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  accordance with Section
				  25249.8(b), of
				  the Act, a chemical is known to the state to cause cancer or reproductive
				  toxicity within the meaning of the Act, and shall be listed pursuant to Section
				  25249.8(a), of
				  the Act, if the lead agency determines that an agency of the state or federal
				  government has formally required the chemical to be labeled or identified as
				  causing cancer or reproductive toxicity. In making such determination, the lead
				  agency shall act in accordance with this section.
(b) The following definitions shall apply to
				  this section:
(1) "agency of the state or
				  federal government" means the United States Congress or the California State
				  Legislature acting through legislation, any agency, department, office,
				  officer, division, bureau, board, or commission of California state government
				  (excluding political subdivisions thereof) or of the United States government,
				  which has the statutory or regulatory authority to require a person or entity
				  outside of that agency to label or identify a chemical as causing cancer or
				  reproductive toxicity.
(2)
				  "formally required" means that a mandatory instruction, order, condition, or
				  similar command, has been issued in accordance with established policies and
				  procedures of an agency of the state or federal government, to a person or
				  legal entity outside of the agency. The action of such agency may be directed
				  at one or more persons or legal entities and may include formal requirements of
				  general application.
(3) "labeled"
				  means that a warning message about the carcinogenicity or reproductive toxicity
				  of a chemical is printed, stamped, written, or in any other manner placed upon
				  the container in which the chemical is present or its outer or inner packaging
				  including any material inserted with, attached to, or otherwise accompanying
				  such chemical.
(4) "identified"
				  means that a required message about the carcinogenicity or reproductive
				  toxicity of the chemical is to be disclosed in any manner to a person or legal
				  entity other than the person or legal entity who is required to make such
				  disclosure.
(5) "as causing cancer
				  or reproductive toxicity" means:
(A) For
				  chemicals that cause cancer, the required label or identification uses any
				  words or phrases intended to communicate a risk of cancer or tumors.
(B) For chemicals that cause reproductive
				  toxicity, the required label or identification uses any words or phrases
				  intended to communicate a risk of reproductive harm to men or women or both, or
				  a risk of birth defects or other developmental
				  harm.
California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 9 - Miscellaneous › Section 25904 - Chemical Listings by Reference to California Labor Code Section 6382(b)(1)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 Section 25249.8(a) of the
					 Act, a chemical or substance shall be included on the list of chemicals known
					 to the state to cause cancer if it is a chemical or substance identified by
					 reference in Labor Code Section
					 6382(b)(1)
					 as causing cancer.
(b) A chemical
					 or substance shall be included on the list if it is classified by the
					 International Agency for Research on Cancer (IARC) in its IARC Monographs
					 series on the Evaluation of Carcinogenic Risks to Humans (most recent edition),
					 or in its list of Agents Classified by the IARC Monographs, as:
(1) Carcinogenic to humans (Group 1),
					 or
(2) Probably carcinogenic to
					 humans (Group 2A) with sufficient evidence of carcinogenicity in experimental
					 animals, or
(3) Possibly
					 carcinogenic to humans (Group 2B) with sufficient evidence of carcinogenicity
					 in experimental animals. A chemical or substance for which there is less than
					 sufficient evidence of carcinogenicity in experimental animals and classified
					 by IARC in Group 2B shall not be included on the list.
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 28000 - Introduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations govern proceedings of the
					 Hazardous Substance Cleanup Arbitration Panel. If any provision of this chapter
					 or the application of any provision of this chapter to any person or
					 circumstances, is held invalid, the application of such provision to other
					 persons or circumstances and the remainder of this chapter shall not be
					 affected thereby.
1. New chapter 4, article
					 1 (sections
					 15000-15006) and 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. Editorial
					 correction of HISTORY 1 (Register 96, No. 10).
3. New chapter 4,
					 article 1 (sections
					 15000-15006) and 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.
4. New chapter
					 4 (articles 1-7, sections
					 15000-15040), article 1 (sections
					 15000-15006) and 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.
5. New chapter
					 4, (article 1-7, sections
					 15000-15040), article 1 (sections
					 15000-15006) and 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.
6. Certificate of Compliance as to 10-31-96 order transmitted
					 to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
7. Change
					 without regulatory effect renumbering title 22, division 2, subdivision
					 1, chapter 4 (articles 1-7,
					 sections 15000-15040), article 1 (sections
					 15000-15006) to title 27, division
					 4, chapter 2 (articles 1-7, sections
					 28000-28040), article 1 (sections
					 28000-28006) and renumbering title
					 22, section
					 15000 to title 27, section
					 28000 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.
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 28002 - Interpretation and Application of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The arbitrators shall interpret
					 and apply the provisions of these regulations. Such interpretation and
					 application shall be decided by majority vote of each selected arbitration
					 panel. In addition to the authority expressly granted by law or these
					 regulations, the arbitrators shall have the power to issue such orders as
					 necessary to implement these regulations.
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 15002 to title 27, section
					 28002 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.
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 28004 - Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In proceedings
					 under these regulations, a party may appear in person, a corporate party by an
					 officer or employee thereof, a partnership or joint venture party by an
					 authorized member or employee thereof, or any party may be represented by
					 counsel. A party who intends to be so represented shall notify the other
					 parties and the arbitration panel of the name, address and telephone number of
					 counsel at least three days prior to the date set for the hearing. When an
					 attorney has initiated the arbitration on behalf of a party, or when an
					 attorney has filed a pleading on behalf of a party, notice is deemed to have
					 been given.
(b) Parties shall
					 notify the arbitrators, the Director and each other of any change in the name,
					 address or telephone number of any representative.
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 15004 to title 27, section
					 28004 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.
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 28005 - Service and Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All required or
					 permitted documents shall be filed with the Director together with proof of
					 service on all other parties and on the arbitrators, unless filing prior to
					 service is authorized for good cause by the Director or arbitration
					 panel.
(b) Except for subpoenas,
					 which shall be served in the manner provided in Code of Civil Procedure
					 sections
					 1987
					 and
					 1988,
					 service of documents among parties shall be made as provided in Code of Civil
					 Procedure section
					 1013.
					 A form of mailing providing for proof of the date of delivery, or a method
					 provided for service of a summons in a civil action, shall be used for delivery
					 of both the draft and final arbitration decisions.
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 15005 to title 27, section
					 28005 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.
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 28006 - Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party who knows that any provision of these
					 regulations has not been complied with shall state objections thereto in
					 writing within thirty (30) days of acquiring knowledge of the noncompliance, or
					 be deemed to have waived the objection.
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 15006 to title 27, section
					 28006 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.
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 2 - Office of Environmental Health Hazard Assessment › Section 28009 - Docketing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon a determination to convene the panel
					 pursuant to section
					 28037, the Director shall docket
					 the arbitration and notify all parties, including potentially responsible
					 parties identified in the petition, of the docketing, convening of an
					 arbitration panel and provide a list of potential arbitrators and a list of the
					 names and addresses of all potentially responsible parties identified in the
					 petition.
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 15009 to title 27, section
					 28009, including amendment of
					 section, 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.
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 2 - Office of Environmental Health Hazard Assessment › Section 28010 - Setting and Notice of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The arbitration panels shall set
					 the date and time for all hearings conducted under these regulations and shall
					 require service of written notice thereof on all parties no later than thirty
					 (30) days prior to the date of the hearing.
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 15010 to title 27, section
					 28010 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.
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 2 - Office of Environmental Health Hazard Assessment › Section 28011 - Absence of an Appointed Arbitrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to selection of the
					 arbitrators or in the absence of the appointed arbitrators, with consent of all
					 of the parties, the Director may decide necessary procedural and discovery
					 questions.
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, including amendment of section, transmitted to OAL
					 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without
					 regulatory effect renumbering title 22, section
					 15011 to title 27, section
					 28011 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.
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 3 - Selection of Arbitrators › Section 28012 - Appointment of Arbitrators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any arbitrator appointed pursuant to section
					 28013 must have applied and been
					 approved by the Office of Environmental Health Hazard Assessment based upon the
					 criteria in Health and Safety Code sections
					 25356.2
					 or
					 25398.10,
					 as applicable. Any arbitrator appointed shall be neutral, shall decide
					 impartially and shall be subject to removal or disqualification for the reasons
					 specified in section
					 28015.
1. New article 3 (sections
					 15012-15016) and 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. Editorial
					 correction of HISTORY 1 (Register 96, No. 10).
3. New article 3
					 (sections 15012-15016) and 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.
4. New article
					 3 (sections
					 15012-15016) and 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.
5. New article
					 3 (sections
					 15012-15016) and 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.
6. Certificate of Compliance as to 10-31-96 order, including
					 amendment of section, transmitted to OAL 12-4-96 and filed 1-17-97 (Register
					 97, No. 3).
7. Change without regulatory effect renumbering title
					 22, division 2, subdivision
					 1, chapter 4, article 3 (sections
					 15012-15016) to title 27, division
					 4, chapter 2, article 3 (sections
					 28012-28016) and renumbering title
					 22, section
					 15012 to title 27, section
					 28012, including amendment of
					 section, 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.
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 3 - Selection of Arbitrators › Section 28013 - Selection of Arbitrators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Department or Water Board, whichever is the lead agency for the site, shall
					 select one (1) arbitrator within fifteen (15) days after notice has been sent
					 pursuant to section
					 28009.
(b) The participating potentially responsible
					 party or a majority of the participating potentially responsible parties who
					 have submitted to arbitration by the panel shall select one (1) arbitrator
					 within fifteen (15) days after notice has been sent pursuant to section
					 28009.
(c) If the parties do not comply with (a) or
					 (b) above, the Director will select the necessary arbitrator or arbitrators at
					 random from those who have indicated a willingness to serve in the location of
					 the hearing.
(d) If the two (2)
					 arbitrators selected pursuant to (a), (b) or (c) above do not agree upon a
					 third arbitrator within fifteen (15) days after their own selection, the third
					 arbitrator shall be selected according to the following procedure:
(1) The Director shall prepare a list of five
					 (5) potential arbitrators selected at random from those who have indicated a
					 willingness to serve as an arbitrator in the hearing location.
(2) Within ten (10) days from the mailing of
					 the list, the two (2) arbitrators may each:
A. Object to not more than two (2) names by
					 crossing such names off the list;
B. Number the remaining names in the order of
					 preference; and,
C. Return the list
					 to the Director with a copy to the other arbitrator.
(3) All persons named on such list shall be
					 deemed equally acceptable if either of the two (2) arbitrators fail to:
A. Return the list within the specified time;
					 or
B. Indicate an order of
					 preference.
(4) The
					 Director shall appoint the third arbitrator from the persons whose names remain
					 on the list in accordance with the designated order of preference, if
					 possible.
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 3 - Selection of Arbitrators › Section 28014 - Notice to Arbitrators of Appointment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall mail a notice of
					 appointment, with a copy of these regulations and an oath of office, to the
					 arbitrators.
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 15014 to title 27, section
					 28014 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.
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 4 - Authority of Arbitrators › Section 28017 - Arbitrators to Preside

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The three (3) arbitrators on each selected
					 panel shall, by majority vote, elect one of its members to preside at the
					 hearing.
1. New article 4 (sections
					 15017-15019) and 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. Editorial
					 correction of HISTORY 1 (Register 96, No. 10).
3. New article 4
					 (sections 15017-15019) and 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.
4. New article
					 4 (sections
					 15017-15019) and 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.
5. New article
					 4 (sections
					 15017-15019) and 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.
6. Certificate of Compliance as to 10-31-96 order transmitted
					 to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
7. Change
					 without regulatory effect renumbering title 22, division 2, subdivision
					 1, chapter 4, article 4 (sections
					 15017-15019) to title 27, division
					 4, chapter 2, article 4 (sections
					 28017-28019) and renumbering title
					 22, section
					 15017 to title 27, section
					 28017 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.
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 4 - Authority of Arbitrators › Section 28018 - Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The arbitrators shall have the powers and
					 authority conferred by Health and Safety Code sections
					 25356.2
					 through
					 25356.10,
					 and
					 25398.10
					 through
					 25398.13,
					 where applicable. The arbitrators shall rule on the admission and exclusion of
					 evidence, on questions of hearing procedures, and on all other motions and
					 shall exercise all powers relating to the conduct of the hearing. The
					 arbitrators may make orders necessary to promote the prompt and orderly conduct
					 of the hearing, including any orders necessary for in camera consideration of
					 evidence for reasons of business confidentiality as defined and as consistent
					 with Health and Safety Code section
					 25358.2.
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 15018 to title 27, section
					 28018 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,
					 25358.2
					 and
					 25398.10-
					 25398.13,
					 Health and Safety Code.