reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 46 - Hazardous Waste Environmental Technology Certification Program › Section 68050 - Certification Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Department shall use the following procedures to determine if a
				certification should be granted or denied. The Department shall:
(1) Review the certification application and
				any other pertinent information to make a preliminary determination whether or
				not the proposed technology is eligible for certification as a hazardous waste
				environmental technology pursuant to section
				68010, and shall notify the
				applicant of its decision. If rejected as ineligible, the Department shall
				provide the applicant the reasons for the rejection.
(2) Estimate its costs to evaluate the
				technology and to make a certification decision in accordance with sections
				68010 and
				68020.
(3) Prepare an agreement for services
				containing the estimated costs of evaluating the technology for a certification
				decision.
(4) Negotiate the
				agreement and have the applicant and the Department sign the
				agreement.
(5) Receive payment of
				fees, pursuant to section
				68080.
(6) If the Department determines that
				additional data are needed, the Department shall request that the applicant
				provide additional existing data, and perform field testing to collect new
				data, if necessary. The Department shall review such data when making the
				certification decision.
(7) Prepare
				an evaluation report and proposed certification decision.
(8) Publish in the California Regulatory
				Notice Register, the Department's proposed decision on an application for
				certification of a hazardous waste environmental technology, which shall be
				subject to a 30-day comment period. The Department shall review any comments
				received and complete the final certification decision.
(9) The final certification decision shall be
				published in the California Regulatory Notice Register, and shall become
				effective not sooner than 30 days after its publication.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 46 - Hazardous Waste Environmental Technology Certification Program › Section 68060 - Duration of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless amended pursuant to section
				  68100, the duration of a hazardous
				  waste environmental technology certification is three (3) years. The duration
				  of the certification shall be specified in each instance within the
				  certification statement published in the California Regulatory Notice Register.
				  Technologies can be re-evaluated and, if appropriate, re-certified pursuant to
				  the certification application requirements and procedures specified in this
				  chapter.
1. New section
				  filed 10-5-98; operative 11-4-98 (Register 98, No.
				  41).
Note: Authority cited: Sections
					 25150,
					 25200.1.5,
					 58004
					 and
					 58012,
					 Health and Safety Code. Reference: Section
					 25200.1.5,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 46 - Hazardous Waste Environmental Technology Certification Program › Section 68070 - Revocation of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may revoke a hazardous waste environmental
				  technology certification if it determines, on the basis of any reliable
				  information, that the hazardous waste environmental technology may pose a
				  significant potential or actual hazard to human health and safety or to the
				  environment, or that the technology does not perform as certified, or that any
				  information submitted to the Department related to the certification is
				  inaccurate, has been misrepresented, or that any pertinent information was
				  omitted. The recipient of the certification shall maintain the quality of the
				  manufactured materials and equipment at a level equal to or better than was
				  provided to obtain this certification and shall be subject to quality
				  monitoring by the Department as is required by section
				  25200.1.5
				  of the Health and Safety Code. The Department may revoke the hazardous waste
				  environmental technology certification in accordance with the procedures set
				  forth in Health and Safety Code section
				  25200.1.5(d).
1. New section
				  filed 10-5-98; operative 11-4-98 (Register 98, No.
				  41).
Note: Authority cited: Sections
					 25150,
					 25200.1.5,
					 58004
					 and
					 58012,
					 Health and Safety Code. Reference: Section
					 25200.1.5,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 46 - Hazardous Waste Environmental Technology Certification Program › Section 68080 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department
				shall recover the actual costs to the Department for evaluating hazardous waste
				environmental technologies, and making certification decisions. An estimate of
				these costs and a scope of work, including a summary delineating the activities
				that will be conducted, shall be part of the technology evaluation and
				certification services agreement. A dispute resolution process, to address
				conflicts between the applicant and the Department regarding the terms of the
				services agreement, shall be part of the agreement.
(b) Each applicant for a technology
				certification shall submit a non-refundable fee of two-hundred fifty dollars
				($250) with the application. This fee will cover the Department's cost for the
				preliminary determination of eligibility for certification as described in
				section 68050(a)(1). The
				remainder of the costs to evaluate the technology shall be due according to the
				terms of the negotiated agreement as specified in section
				68050(a)(3).
1. New section
				  filed 10-5-98; operative 11-4-98 (Register 98, No.
				  41).
Note: Authority cited: Sections
					 25150,
					 25200.1.5,
					 58004
					 and
					 58012,
					 Health and Safety Code. Reference: Section
					 25200.1.5,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 46 - Hazardous Waste Environmental Technology Certification Program › Section 68090 - Certification Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The holder of a valid hazardous waste environmental technology certification is
				authorized to use the certification seal (Registered Service Mark Number
				046720) and shall cite the technology certification number and date of issuance
				in conjunction with the certification seal whenever it is used.
(b) When providing information on the
				certification to an interested party, the holder of a hazardous waste
				environmental technology certification shall at a minimum provide the full text
				of the final certification decision as published in the California Regulatory
				Notice Register.
1. New section
				  filed 10-5-98; operative 11-4-98 (Register 98, No. 41).
2. Change
				  without regulatory effect amending subsection (b) filed 7-1-2004 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2004, No. 27).
Note: Authority cited: Sections
					 25150,
					 25200.1.5,
					 58004
					 and
					 58012,
					 Health and Safety Code. Reference: Section
					 25200.1.5,
					 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 46 - Hazardous Waste Environmental Technology Certification Program › Section 68100 - Amendments to Certifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department on its own initiative or upon receipt of an
				  application from the holder of the certification may amend a hazardous waste
				  environmental technology certification.
(a) In the case of a Department initiated
				amendment, the Department will:
(1) Inform
				the applicant of the Department's intent to amend the certification.
(2) Prepare an evaluation report and proposed
				certification decision.
(3) Publish
				in the California Regulatory Notice Register, the Department's proposed
				decision regarding the amendment, which shall be subject to a 30-day comment
				period. The Department shall review any comments received and complete the
				final certification decision.
(4)
				Publish the final certification decision in the California Regulatory Notice
				Register, which shall become effective not sooner than 30 days after its
				publication.
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 68200 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the Cleanup Loans and Environmental
					 Assistance to Neighborhoods Revolving Loan Fund is to finance the performance
					 of actions necessary to respond to the release or threatened release of a
					 Hazardous Material on a Brownfield, as defined, or Eligible Underutilized
					 Property. The Program supports two programs: the Investigating Site
					 Contamination Program (ISCP) and the Cleanup Loans and Environmental Assistance
					 to Neighborhoods (CLEAN) Loan Program.
1. New
					 chapter 47 (articles 1-2), article 1 (sections
					 68200-68213 and appendix 1) and
					 section filed 1-18-2001 as an emergency; operative 1-18-2001 (Register 2001,
					 No. 3). Pursuant to Health and Safety Code section
					 25395.29,
					 a Certificate of Compliance must be transmitted to OAL by 7-17-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New chapter 47 (articles 1-2), article 1 (sections
					 68200-68213 and appendix 1) and
					 section refiled 7-6-2001 as an emergency; operative 7-18-2001 (Register 2001,
					 No. 27). Pursuant to Health and Safety Code section
					 25395.29,
					 a Certificate of Compliance must be transmitted to OAL by 1-14-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 7-6-2001 order transmitted
					 to OAL 1-14-2002; Certificate of Compliance withdrawn from review 2-27-2002.
					 Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2002, No. 9).
4. New chapter 47 (articles 1-2), article 1
					 (sections 68200-68213 and appendix 1) and
					 section filed 3-1-2002 as an emergency; operative 3-1-2002 (Register 2002, No.
					 9). Pursuant to Health and Safety Code section
					 25395.29,
					 a Certificate of Compliance must be transmitted to OAL by 8-28-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 3-31-2002 order, including
					 amendment of section, transmitted to OAL 6-21-2002 and filed 8-5-2002 (Register
					 2002, No. 32).
Note: Authority cited: Sections
						25150,
						25351.5,
						25395.29 and
						58012 Health and Safety Code.
						Reference: Sections
						25395.21
						and
						25395.22,
						Health and Safety Code.
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 68201 - Overview; Administering Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department will be the Administering
				  Agency for all Properties that are the subject of an ISCP Loan.
(b) As provided under section
				  68207, the Department, the State
				  Board, a Regional Board, or a Local Oversight Program Agency under contract
				  with the State Board will be the Administering Agency for a site that is the
				  subject of a Loan from the CLEAN Loan Program.
(c) An Applicant for a Loan may not request
				  that a different agency be designated as the Administering Agency by the Site
				  Designation Committee created by section
				  25260
				  of the Health and Safety Code.
(d)
				  Investigating Site Contamination Program (ISCP):
(1) The ISCP provides Loans to Eligible
				  Applicants for the purpose of conducting Preliminary Endangerment Assessments
				  (PEAs) of Brownfields, as defined, or Eligible Underutilized
				  Properties;
(2) Loan funds will not
				  be disbursed until execution of an ISCP Environmental Oversight Agreement under
				  section 68211;
(3) Loan recipients shall agree to provide
				  any and all PEA site assessment results to the Department if the Loan recipient
				  does not proceed with the Project under section
				  68211; and
(4) Loans from the ISCP may not be used to
				  pay for Ineligible Costs as defined in section
				  68202(r).
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 68202 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context indicates otherwise and except as
					 provided in this section, the definitions set forth in chapter 6.8 of division
					 20 of the Health and Safety Code govern interpretation of this article. For the
					 purposes of this article, the following definitions apply:
(a) "Account" means the Cleanup Loans and
				  Environmental Assistance to Neighborhoods Account established pursuant to
				  subdivision (b) of section
				  25395.20
				  of the Health and Safety Code.
(b)
				  "Administering Agency" means either the Department, a Regional Board, the State
				  Board, or a Local Oversight Program Agency that oversees all aspects of a site
				  investigation and Response Action conducted on a Property that is the subject
				  of a CLEAN Loan Program Loan. Under section
				  25395.27
				  of the Health and Safety Code, the Administering Agency has jurisdiction over
				  all activities required to carry out a site investigation and Response Action
				  necessary to Respond to the Hazardous Materials release at the
				  Property;
(c) "Applicant" means a
				  Person, as defined in subdivision (ff) that is applying for a Loan under
				  section 68206;
(d) "Application" means the information an
				  Applicant provides to the Department when seeking a Loan under section
				  68206;
(e) "Borrower" means an Applicant whose
				  Application has been approved and who has executed a Loan Agreement under
				  section 68210;
(f) "Brownfield" means a Property that meets
				  all of the following conditions:
(1) It is
				  located in an Urban Area;
(2) It
				  was previously the site of an Economic Activity that is No Longer In Operation
				  at that location;
(3) It has been
				  vacant or has had no occupant engaged in year-round economically productive
				  activities for a period of not less than the 12 months previous to the date of
				  Application for a Loan pursuant to this article.
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 68204 - ISCP Waivers of Loan Repayment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A recipient of an ISCP Loan may request,
				  in writing, a partial waiver of Loan repayment under the following conditions:
(1) If after completion of the PEA, a
				  Borrower who is not the owner of the Property believes that the sum of the cost
				  of the Response Action and the current appraised fair market value of the
				  Property is greater than the projected fair market value of the Property after
				  all necessary Response Actions have been completed and thus renders the
				  redevelopment Project not economically feasible, the Borrower may request a
				  waiver of Loan repayment of up to 75 percent of the Loan amount;
(2) In support of a written waiver request,
				  the Borrower shall submit the following to the Department:
(A) A report that estimates the cost of the
				  Response Action prepared for the Property by any of the following who are
				  licensed or registered to practice in California and who have demonstrated
				  expertise in Hazardous Material remediation and cost estimation: Class II
				  environmental assessor, engineering geologist, licensed hazardous substance
				  contractor, or licensed professional engineer. An affidavit may be submitted in
				  lieu of the report if the affidavit is signed by a person who is authorized
				  under this subparagraph to prepare a cost estimation report;
(B) A real estate appraisal that provides an
				  appraised value based on the estimated value of the Property after all
				  necessary Response Actions have been taken, and performed by a licensed Real
				  Estate appraiser appropriately and currently certified by the State of
				  California Office of Real Estate Appraisers. The appraisal shall include a copy
				  of the appraiser's current certificate; and
(C) An affidavit in support of the written
				  waiver request that sets forth the information and documentation required under
				  this section.
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 68206 - Loan Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  Application may be submitted to the Department at any time;
(b) Upon receipt of an Application, the
				  Department will review the Application for completeness and eligibility. Upon
				  receipt of an Application, the Department will determine whether the
				  Application is complete, whether the Applicant is an Eligible Applicant, and
				  whether the Property is an Eligible Property. The Applicant will be notified by
				  certified letter of one of the following:
(1)
				  The Application is incomplete, with identification of the information to be
				  included for a complete Application; or
(2) The Applicant is ineligible or the
				  Applicant's Property is an Ineligible Property, with identification of the
				  steps to take to correct identified deficiencies; or
(3) The Applicant and Applicant's Property
				  are eligible for a Loan, and the Application is complete.
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 68207 - Administering Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department will be the Administering Agency for all Properties that are the
				  subject of an ISCP Loan. For Properties that are the subject of a CLEAN Loan
				  Program Loan Application, the following apply:
(1) For Applications for CLEAN Loan Program
				  Loans, the Department will provide written notice of the receipt of the
				  Application to the State Board for any Application that indicates the Property
				  contains a Leaking Underground Fuel Tank and to the Regional Board for any
				  Property within the Regional Board's jurisdiction;
(2) For an Application for a CLEAN Loan
				  Program Loan for a Property that is subject to a release from a Leaking
				  Underground Fuel Tank and the release is the principal threat at that Property
				  as determined by the Department, the State Board and the Regional Board, the
				  Department will be the Administering Agency unless one of the following occurs:
(A) The State Board responds in writing to
				  the Department within 20 working days of receipt of the notice under paragraph
				  (1) and indicates that a Local Oversight Program Agency intends to oversee the
				  Response Action on the Property because the site was subject to oversight by
				  the Local Oversight Program Agency prior to the date the Application was
				  submitted or;
(B) The Regional
				  Board responds in writing to the Department within 20 working days of receipt
				  of the notice under paragraph (1) and indicates that the Regional Board intends
				  to oversee the Response Action on the Property because the site was not subject
				  to oversight by a Local Oversight Program Agency prior to the date the
				  Application was submitted.
(3) For an Application for a CLEAN Loan
				  Program Loan for a Property that is subject to one or more of the orders or
				  agreements specified in subdivision (b)(1) of section
				  25395.28
				  of the Health and Safety Code prior to the date the Application was submitted,
				  the Department will be the Administering Agency unless the Regional Board
				  responds in writing to the Department within 20 working days of receipt of the
				  notice under paragraph (2) and indicates that the Regional Board intends to
				  oversee the Response Action on the Property because the site is subject to one
				  or more of the orders or agreements specified in subdivision (b)(1) of section
				  25395.28
				  of the Health and Safety Code.
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 68208 - Loan Committee Review Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Loan Committee will meet monthly or
				  as needed to act on Applications submitted under section
				  68206 and requests submitted under
				  subdivision (f) of section
				  68206;
(b) The Loan Committee will recommend
				  approval or disapproval of the Application based on:
(1) The Applicant's financial soundness;
				  and
(2) The Applicant's ability to
				  meet the criteria of subdivision (d) of section
				  68206.
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 68209 - Approval of Loan Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Loan Committee will submit its recommendation for approval or disapproval
				  of the Application to the Director or the Director's designated representative.
				  The Director or the Director's designated representative may:
(1) Approve the Application for the full or
				  partial amount of funding, or
(2)
				  Disapprove the Application if the Director, or the Director's designated
				  representative, determines that the Application does not meet one or more of
				  the requirements of this article or article 8.5 of chapter 6.8 of division 20
				  of the Health and Safety Code.
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 68213 - Program Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Condition of the Loan, Loan Processes, Repayment, and Loan
					 Closing Functions will be governed and administered by the
					 Department.
1. New
					 section and appendix 1 filed 1-18-2001 as an emergency; operative 1-18-2001
					 (Register 2001, No. 3). Pursuant to Health and Safety Code section
					 25395.29,
					 a Certificate of Compliance must be transmitted to OAL by 7-17-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section and appendix 1 refiled 7-6-2001 as an emergency;
					 operative 7-18-2001 (Register 2001, No. 27). Pursuant to Health and Safety Code
					 section
					 25395.29,
					 a Certificate of Compliance must be transmitted to OAL by 1-14-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 7-6-2001 order transmitted
					 to OAL 1-14-2002; Certificate of Compliance withdrawn from review 2-27-2002.
					 Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2002, No. 9).
4. New section and appendix 1 filed 3-1-2002
					 as an emergency; operative 3-1-2002 (Register 2002, No. 9). Pursuant to Health
					 and Safety Code section
					 25395.29,
					 a Certificate of Compliance must be transmitted to OAL by 8-28-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 3-31-2002 order, including
					 renumbering of former section
					 68213 and Appendix 1 to section
					 68214 and renumbering and
					 amendment of former section
					 68212 to section
					 68213, transmitted to OAL
					 6-21-2002 and filed 8-5-2002 (Register 2002, No.
					 32).
Note: Authority cited: Sections
						25150,
						25351.5,
						25295.29
						and
						58012,
						Health and Safety Code. Reference: Sections
						25395.21
						and
						25395.22,
						Health and Safety Code.
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 68214 - Auditing of Expenditure of Loan Proceeds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department, Department of Finance,
				  State Controller or State Auditor, or their designated representatives, may
				  audit the expenditure of the proceeds of any Loan disbursed under this article;
				  and
(b) The Borrower shall allow
				  the Administering Agency and the Department, if the Department is not the
				  Administering Agency, and other State agencies, including the State Controller
				  and the State Auditor, or their designated representatives, absolute right of
				  access to all of the Borrower's records pertaining to the Loan Agreement. Any
				  portion of the Borrower's records requested shall be made available to the
				  designated auditors upon request. The Borrower shall retain all relevant
				  financial records for at least three (3) years after termination of the Loan
				  Agreement, or until completion of actions and resolution of all issues that may
				  arise as a result of any litigation, claim, negotiation or audit concerning the
				  Loan Agreement, ISCP Environmental Oversight Agreement, or CLEAN Loan Program
				  Response Action Agreement or other enforceable agreement required by the
				  Administering Agency, whichever is later.
1.
					 Certificate of Compliance as to 3-31-2002 order, including renumbering and
					 amendment of former section
					 68213 and Appendix 1 to section
					 68214, transmitted to OAL
					 6-21-2002 and filed 8-5-2002 (Register 2002, No. 32).
2. Change
					 without regulatory effect amending first paragraph of Appendix 1 filed
					 7-20-2009 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2009, No. 30).
Note: Authority cited: Sections
						25150,
						25351.5,
						25395.29
						and
						58012,
						Health and Safety Code. Reference: Sections
						25395.21,
						25395.22,
						25395.27
						and
						25395.28,
						Health and Safety Code.
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 › Appendix 1 to Chapter 47, Article 1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Urbanized Areas"
Subdivision (ss) of section
					 68202 defines "Urban Area" to
					 include urbanized areas. This Appendix further describes urbanized areas in
					 California.
On March 9, 1992, the United States Census Bureau published
					 in the Federal Register the list of urbanized areas that qualified based on the
					 results of the 1990 Census. (57 Fed. Reg. 8386 (1992))
According to the United States Census Bureau, an urbanized
					 area comprises one or more places and the adjacent densely settled surrounding
					 territory that together have a minimum of 50,000 people. A central place and an
					 urban fringe together make up an urbanized area. The urban fringe generally
					 consists of contiguous territory with a density of at least 1,000 people per
					 square mile. Additional territory may qualify as urban fringe (e.g. if there is
					 a road connection from a densely populated area to a central place). The
					 complete criteria are available from the Chief, Geography Division, U.S. Bureau
					 of the Census, Washington, DC 20233.
There are 38 urbanized areas in California. These
					 are:
Antioch-Pittsburg
Riverside-San
							 Bernardino
Bakersfield
Sacramento
Chico
Salinas
Davis
San Diego
Fairfield
San Franciso-Oakland
Fresno
San Jose
Hemet-San Jacinto
San Luis Obispo
Hesperia-Apple Valley-Victorville
Santa
							 Barbara
Indio-Coachella
Santa Cruz
Lancaster-Palmdale
Santa Maria
Lodi
Santa Rosa
Lompoc
Seaside-Monterey
Los Angeles
Simi Valley
Merced
Stockton
Modesto
Vacaville
Napa
Visalia
Oxnard-Ventura
Watsonville
Palm Springs
Yuba City
Redding
Yuma AZ-CA (California portion
							 only)
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 2 - Groundwater Remediation Loan Program › Section 68301 - Loan Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant must demonstrate, through the loan
					 application process, that the groundwater in the area of the proposed
					 groundwater remediation project poses a risk or potential risk to public health
					 and the environment due to the release of hazardous substances.
Additionally, the applicant will need to show repayment
					 ability based on the historical financial statements and/or income tax
					 returns.
1. New
					 section filed 6-25-2001 as an emergency; operative 6-25-2001 (Register 2001,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 10-23-2001
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 10-2-2001 as an emergency; operative
					 10-24-2001 (Register 2001, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-21-2002 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 2-13-2002 as an emergency; operative 2-13-2002 (Register 2002, No. 7). A
					 Certificate of Compliance must be transmitted to OAL by 6-13-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 2-13-2002 order transmitted
					 to OAL 2-28-2002 and filed 4-8-2002 (Register 2002, No.
					 15).
Note: Authority cited: Sections
						25150
						and
						25351.5,
						Health and Safety Code; and Section
						79133, Water
						Code. Reference: Section
						79133, Water
						Code.
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 2 - Groundwater Remediation Loan Program › Section 68302 - Priority Ranking Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall prioritize projects for each fiscal
					 year using the following criteria:
(a)
				  The Groundwater Remediation Loan Program application package is received by
				  August 30 and deemed complete.
(b)
				  Sites listed pursuant to section
				  25356
				  of the Health and Safety Code.
(c)
				  Sites listed on the State Water Resources Control Board's Statewide Project
				  Priority List.
(d) The readiness of
				  the loan applicant to proceed with the groundwater remediation
				  project.
(e) Scope of project
				  including (1) the degree to which the groundwater supply has been impacted,
				  such as being taken out of service, and (2) the extent to which remediation
				  will prevent migration of contaminants.
(f) Number of users affected.
(g) Effectiveness of the groundwater
				  remediation project, including the amount of water to be treated and made
				  available for use.
1. New
					 section filed 6-25-2001 as an emergency; operative 6-25-2001 (Register 2001,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 10-23-2001
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 10-2-2001 as an emergency; operative
					 10-24-2001 (Register 2001, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-21-2002 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 2-13-2002 as an emergency; operative 2-13-2002 (Register 2002, No. 7). A
					 Certificate of Compliance must be transmitted to OAL by 6-13-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 2-13-2002 order transmitted
					 to OAL 2-28-2002 and filed 4-8-2002 (Register 2002, No.
					 15).
Note: Authority cited: Sections
						25150
						and
						25351.5,
						Health and Safety Code; and Section
						79133, Water
						Code. Reference: Section
						79133, Water
						Code.
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 2 - Groundwater Remediation Loan Program › Section 68303 - Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application packages shall contain the following
					 information:
(a) Applicant /Site
				  Coordinator Information:
(1) The applicant's
				  name, address, and phone number.
(2) The site coordinator's name, address, and
				  phone number, if it is different from the applicant's. Also attach resume of
				  the applicant's site coordinator.
(3) A certified copy of a resolution adopted
				  by the governing authority of the applicant agency that authorizes a
				  representative (by title) to act on behalf of the applicant agency to sign
				  documents such as contracts, disbursement requests, as well as assure
				  compliance with applicable state statutory and regulatory
				  requirements.
(4) A certified copy
				  of a resolution adopted by the governing authority of the applicant agency that
				  specifies the authorized loan amount for the applicant agency.
(5) Applicant's relationship to the project
				  site.
(6) Description of local
				  government or agency's activities and responsibilities.
(7) Current property owner's name, addresses
				  and phone number.
(8) List
				  technical support personnel (by classification) who will be working on the
				  project.
(9) A letter requesting
				  consideration for available loan funds with the signature of the
				  applicant/authorized representative.
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 2 - Groundwater Remediation Loan Program › Section 68304 - Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant may apply for a loan for a groundwater remediation project by
				  submitting a completed Groundwater Remediation Loan package to the Department
				  by August 30 of any fiscal year. The Department may disburse loans until the
				  approximately seven million dollars ($7,000,000) of Water Bond Act funding,
				  less administrative costs, is expended.
(b) The Department will make a determination
				  by August 30 of each fiscal year whether Water Bond Act funds are available
				  under section
				  79133 of the
				  Water Code. The determination will also include the funding level
				  available.
(c) The Groundwater
				  Remediation Loan package sets forth the information required by the Department
				  to determine if the groundwater remediation project is eligible for funding
				  under section
				  79133 of the
				  Water Code. The Department will not consider the application complete until all
				  required information is received.
(d) The Groundwater Remediation Loan package
				  shall be signed by a legally authorized representative of the applicant and
				  submitted to the California Environmental Protection Agency, Department of
				  Toxic Substances Control. Application packages may be mailed to the Department
				  at P.O. Box 806, Sacramento, California 95812-0806. The applicant shall provide
				  the Department with three (3) copies of the application package with original
				  signatures and all accompanying support documentation.
(e) Staff will review each application
				  package for completeness and determine whether the applicant and the
				  applicant's project are eligible to receive loan funding under section
				  79133 of the
				  Water Code, including credit worthiness of the applicant. Within sixty (60)
				  days of receiving an application, Department staff will notify the applicant by
				  letter of one of the following:
(1) The
				  applicant or the applicant's project is ineligible for a loan. If the applicant
				  or the applicant's project is determined to be ineligible, the reasons for the
				  Department's determination will be provided in writing to the applicant. The
				  applicant will have 10 days to submit additional information needed, if such
				  information may make the project eligible; or
(2) The application package is incomplete. If
				  the package is determined to be incomplete, the Department will specify the
				  steps in writing, if any, that the applicant may take to correct identified
				  deficiencies. The applicant will have 10 days to submit additional information
				  needed to complete the application package, or
(3) The applicant and applicant's project are
				  eligible for a loan.
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 2 - Groundwater Remediation Loan Program › Section 68305 - Loan Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department and the applicant shall enter into a loan
					 agreement after approval of the loan. Each loan agreement shall include at a
					 minimum the following terms and conditions:
(a) The interest rate of the loan as
				  specified in Section
				  68307.
(b) The term of repayment for a loan as
				  specified in Section
				  68308.
(c) The legal description of the
				  property(ies) where the groundwater remediation project is to occur.
(d) Agreement that the applicant shall
				  complete all activities outlined in the applicant's Statement of Work, as
				  determined to be appropriate by the Department.
(e) Time frames for complying with the
				  conditions of loan closing:
(1) Any special
				  conditions that must be satisfied prior to closing, and
(2) Any covenants that must be complied with
				  after the disbursement of funds.
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 2 - Groundwater Remediation Loan Program › Section 68306 - Loan Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Condition of the loan, loan processes, repayment, and loan
					 closing functions shall be governed and administered by the Department or the
					 State Water Resources Control Board through a memorandum of
					 understanding.
1. New
					 section filed 6-25-2001 as an emergency; operative 6-25-2001 (Register 2001,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 10-23-2001
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 10-2-2001 as an emergency; operative
					 10-24-2001 (Register 2001, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-21-2002 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 2-13-2002 as an emergency; operative 2-13-2002 (Register 2002, No. 7). A
					 Certificate of Compliance must be transmitted to OAL by 6-13-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 2-13-2002 order transmitted
					 to OAL 2-28-2002 and filed 4-8-2002 (Register 2002, No.
					 15).
Note: Authority cited: Sections
						25150
						and
						25351.5,
						Health and Safety Code; and Section
						79133, Water
						Code. Reference: Section
						79133, Water
						Code.
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 2 - Groundwater Remediation Loan Program › Section 68307 - Interest Rate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To the extent permitted by federal law, the interest rate
					 shall be set at a rate equal to 50 percent of the interest rate paid by the
					 State on the most recent sale of State general obligation bonds and the
					 interest rate shall be computed according to the true interest cost
					 method.
1. New
					 section filed 6-25-2001 as an emergency; operative 6-25-2001 (Register 2001,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 10-23-2001
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 10-2-2001 as an emergency; operative
					 10-24-2001 (Register 2001, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-21-2002 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 2-13-2002 as an emergency; operative 2-13-2002 (Register 2002, No. 7). A
					 Certificate of Compliance must be transmitted to OAL by 6-13-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 2-13-2002 order transmitted
					 to OAL 2-28-2002 and filed 4-8-2002 (Register 2002, No.
					 15).
Note: Authority cited: Sections
						25150
						and
						25351.5,
						Health and Safety Code; and Section
						79133, Water
						Code. Reference: Sections
						13480 and
						79133, Water
						Code.
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 2 - Groundwater Remediation Loan Program › Section 68308 - Loan Repayment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department's Groundwater Remediation Loan Program will
					 provide loans for groundwater remediation projects that meet the priority
					 ranking criteria in Section
					 68302 of these regulations until
					 all funds in the account have been loaned or otherwise expended. All loan
					 repayments shall require annual payments of principal and any interest, with
					 repayment commencing not later than one year after completion of the project
					 for which the loan is made and full amortization not later than 20 years after
					 project completion in accordance with Water Code section
					 13480(b)(1)(B),
					 and payments will be deposited in the State Revolving Fund Loan Subaccount,
					 Clean Water Program, as administered by the State Water Resources Control
					 Board. Loan repayments may be used by the State Water Resources Control Board
					 to fund other projects or activities as specified by the Clean Water
					 Program.
1. New
					 section filed 6-25-2001 as an emergency; operative 6-25-2001 (Register 2001,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 10-23-2001
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 10-2-2001 as an emergency; operative
					 10-24-2001 (Register 2001, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-21-2002 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 2-13-2002 as an emergency; operative 2-13-2002 (Register 2002, No. 7). A
					 Certificate of Compliance must be transmitted to OAL by 6-13-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 2-13-2002 order transmitted
					 to OAL 2-28-2002 and filed 4-8-2002 (Register 2002, No.
					 15).
Note: Authority cited: Sections
						25150
						and
						25351.5,
						Health and Safety Code; and Section
						79133, Water
						Code. Reference: Section
						13480(b)(1)(B)
						and 79133, Water
						Code.
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 2 - Groundwater Remediation Loan Program › Section 68309 - Auditing Expenditures of Loan Proceeds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department or the Department of Finance may audit the
					 expenditures of the proceeds of any loan disbursed under this Article. Specific
					 audit requirements shall be part of the loan agreement. The State reserves the
					 right to call for a program audit or a financial audit at any time between the
					 execution of the loan agreement and the completion or termination of the
					 project.
1. New
					 section filed 6-25-2001 as an emergency; operative 6-25-2001 (Register 2001,
					 No. 26). A Certificate of Compliance must be transmitted to OAL by 10-23-2001
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 10-2-2001 as an emergency; operative
					 10-24-2001 (Register 2001, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-21-2002 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 2-13-2002 as an emergency; operative 2-13-2002 (Register 2002, No. 7). A
					 Certificate of Compliance must be transmitted to OAL by 6-13-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 2-13-2002 order transmitted
					 to OAL 2-28-2002 and filed 4-8-2002 (Register 2002, No.
					 15).
Note: Authority cited: Sections
						25150
						and
						25351.5,
						Health and Safety Code; and Section
						79133, Water
						Code. Reference: Section
						79133, Water
						Code.