SB 1325, as introduced, De León. Hazardous substances: removal or remedial actions: notifications.
Existing law requires the Department of Toxic Substances Control, at least 30 days before initiating a removal or remedial action at a hazardous substance release site, to make a reasonable effort to notify the persons identified by the department as potentially responsible parties and to also publish a notification of the action in a newspaper of general circulation.
This bill would instead require the department to make those notifications at least 45 days before initiating a removal or remedial action.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25355 of the Health and Safety Code is
2amended to read:
(a) The Governor is responsible for the coordination
4of all state response actions for sites identified in Section 25356
5in order to assure the maximum use of available federal funds.
6(b) The director may initiate removal or remedial action
7pursuant to this chapter unless these actions have been taken, or
P2 1are being taken properly and in a timely fashion, bybegin delete anyend deletebegin insert aend insert
2 responsible party.
3(c) (1) At leastbegin delete 30end deletebegin insert
45end insert days before initiating removal or
4remedial actions, the department shall make a reasonable effort to
5notify the persons identified by the department as potentially
6responsible parties and shall also publish a notification of this
7action in a newspaper of general circulation pursuant to the method
8specified in Section 6061 of the Government Code. This
9subdivision does not apply to actions taken pursuant to subdivision
10(b) of Section 25358.3 or immediate corrective actions taken
11pursuant to Section 25354. A responsible party may be held liable
12pursuant to this chapter whether or not the person was given the
13notice specified in this subdivision.
14(2) (A) Notwithstanding subdivision (a) of Section 25317,
15begin delete anyend deletebegin insert aend insert
person may voluntarily enter into an enforceable agreement
16with the department pursuant to this subdivision that allows
17removal or remedial actions to be conducted under the oversight
18of the department at sites with petroleum releases from sources
19other than underground storage tanks, as defined in Section
2025299.24.
21(B) If the department determines that there may be an adverse
22impact to water quality as a result of a petroleum release, the
23department shall notify the appropriate regional board prior to
24entering into the enforceable agreement pursuant to subparagraph
25(A). The department may enter into an enforceable agreement
26pursuant to subparagraph (A) unless, within 60 days of the
27notification provided by the department, the regional board
28provides the department with a written notice that the regional
29board will assume oversight responsibility for the removal or
30remedial action.
31(C)
Agreements entered into pursuant to this paragraph shall
32provide that the party will reimburse the department for all costs
33incurred including, but not limited to, oversight costs pursuant to
34the enforceable agreement associated with the performance of the
35removal or remedial actions and Chapter 6.66 (commencing with
36Section 25269).
37(d) The department shall notify the owner of the real property
38of the site of a hazardous substance release within 30 days after
39listing a site pursuant to Section 25356, and at least 30 days before
40initiating a removal or remedial action pursuant to this chapter, by
P3 1sending the notification by certified mail to the person to whom
2the real property is assessed, as shown upon the last equalized
3assessment roll of the county, at the address shown on the
4assessment roll. The requirements of this subdivision do not apply
5to actions taken pursuant to subdivision (b) of Section 25358.3 or
6to
immediate corrective actions taken pursuant to Section 25354.
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