AB 2712, as amended, Daly. Hazardous materials: Orange County Water District: groundwater remediation.
Existing law, the Orange County Water District Act, prescribes the powers of the Orange County Water District. Existing law grants the district the power to perform actions useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district. The act authorizes the district to conduct any investigations of the quality of the surface and groundwaters within the district that the district determines to be necessary and appropriate to determine whether those waters are contaminated or polluted. The act authorizes the district to expend available funds to perform any cleanup, abatement, or remedial work required under the circumstances which, in the determination of the board of directors, is required by the magnitude of the endeavor or the urgency of prompt action needed to prevent, abate, or contain any threatened or existing contamination of, or pollution to, the surface or groundwaters of the district, and requires the person causing or threatening to cause that contamination or pollution to be liable to the district to the extent of the reasonable costs actually incurred.
This bill would require the district,begin delete in order to obtain, by legal action or proceeding, the recovery of the costs ofend deletebegin insert whenend insert cleaning up or containingbegin delete contamination,end deletebegin insert contamination or pollution,end insert abating the effects of the contamination or pollution, orbegin insert,
in the case of threatened contamination or pollution,end insert taking other emergency, removal, or remedial action described above, to provide notice of the action to a regional water quality control board and the Department of Toxic Substances Control, to meet and confer with agencies and any responsible party, and to comply with the requirementsbegin delete for consistency withend deletebegin insert ofend insert the National Contingency Plan, as prescribed. The bill would state the intent of the Legislature that the district adopt a policy to address the process for groundwater remediation projects and that the district enter into a memorandum of understanding between it, the Department of Toxic Substances Control, the California Regional Water Quality Control Board, Santa Ana region, and the Orange County Health Care Agency to establish a
process of review of the district’s proposed groundwater remediation projects.
The bill would declare that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
It is the intent of the Legislature that the Orange
2County Water District adopt a policy that would address the process
3for groundwater remediation projects with the following goals:
P3 1(a) To provide increased clarity and certainty of the process for
2all interested parties.
3(b) To provide for the swift remediation of groundwater
4contamination.
5(c) To uphold the responsibilities of the district.
It is further the intent of the Legislature that the Orange
7County Water District enter into a memorandum of understanding
8between the district, the Department of Toxic Substances Control,
9California Regional Water Quality Control Board, Santa Ana
10region, and the Orange County Health Care Agency to establish
11a process for review of the district’s proposed groundwater
12remediation projects.
Section 8 of the Orange County Water District Act
14 (Chapter 924 of the Statutes of 1933), as added by Section 4 of
15Chapter 802 of the Statutes of 1989, is amended to read:
(a) The district may conduct any investigations of the
17quality of the surface and groundwaters within the district that the
18district determines to be necessary and appropriate to determine
19whether those waters are contaminated or polluted.
20(b) The district may expend available funds to perform any
21cleanup, abatement, or remedial work required under the
22circumstances which, in the determination of the board of directors,
23is required by the magnitude of the endeavor or the urgency of
24prompt action needed to prevent, abate, or contain any threatened
25or existing contamination of, or pollution to, the surface or
26groundwaters of the district. This action may be taken in
default
27of, or in addition to, remedial work by the person causing the
28contamination or pollution, or other persons. The district may
29perform the work itself, by contract, or by or in cooperation with
30any other governmental agency.
31(c) If, pursuant to subdivision (b), the contamination or pollution
32is cleaned up or contained, the effects thereof abated, or, in the
33case of threatened contamination or pollution, other necessary
34emergency, removal, or remedial action is taken,begin delete and the district the person causing
35takes action in accordance with subdivision (d),end delete
36or threatening to cause that contamination or pollution shall be
37liable to the district to the extent of the reasonable costs actually
38incurred in cleaning up or containing the contamination or
39pollution,
abating the effects of the contamination or pollution, or
40taking other remedial action. The amount of those costs, together
P4 1with court costs and reasonable attorneys’ fees, shall be recoverable
2in a civil action by, and paid to, the district. In any such action,
3the necessity for the cleanup, containment, abatement, or remedial
4work, and the reasonableness of the costs incurred therewith, shall
5be presumed, and the defendant shall have the burden of proving
6that the work was not necessary, and the costs not reasonable.
7(d) In order to obtain, by legal action or proceeding, the recovery
8of the costs of cleaning up or containing contamination, abating
9the effects of the contamination or pollution, or taking other
10emergency, removal, or remedial action pursuant to subdivision
11(c), the district shall do all of the following:
12begin insert(d)end insertbegin insert end insertbegin insertWhen cleaning up or containing contamination or pollution,
13abating the effects thereof, or, in the case of threatened
14contamination or pollution, taking other necessary emergency,
15removal, or remedial actions, the district shall do all of the
16following:end insert
17(1) Provide notice of the action to the office of the regional
18water quality control board for the region in which the action shall
19be taken and the Department of Toxic Substances Control.
20(2) With respect to thebegin delete contamination,end deletebegin insert
contamination or
21pollution,end insert meet and confer with any agency that may be an
22administering agency and make reasonable efforts to meet and
23confer with any responsible party that is subject to an order or
24directive of the administering agency.
25(3) Comply with the requirementsbegin delete for consistency withend deletebegin insert ofend insert the
26National Contingency Plan (40 C.F.R. Part 300) thatbegin delete wouldend delete apply
27to the State of Californiabegin delete if it were seeking to recover costsend delete pursuant
28to Section 9607(a)(4)(A) of the Comprehensive Environmental
29
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
30Sec. 9607(a)(4)(A))begin delete orend deletebegin insert and withend insert the Carpenter-Presley-Tanner
31Hazardousbegin delete Substancesend deletebegin insert Substanceend insert Account Act (Chapter 6.8
32(commencing with Section 25300) of Division 20 of the Health
33and Safety Code).
The Legislature finds and declares that a special law
35is necessary and that a general law cannot be made applicable
36within the meaning of Section 16 of Article IV of the California
37Constitution because the Department of Toxic Substances Control,
38the Californiabegin delete regional water quality control board,end deletebegin insert Regional Water
39Quality Control Board, Santa Ana region,end insert and the certified unified
40program agency for the County of Orange have provided and
P5 1continue to provide oversight for groundwater cleanups at many
2sites in north and central Orange
County, and the Orange County
3Water District has undertaken investigations and planning for
4several potential groundwater cleanup projects covering large parts
5of those same areas, creating the potential for conflicting and
6inconsistent regulation of businesses and landowners in those parts
7of Orange County that may be responsible for conducting
8groundwater investigations and cleanups at their sites.
If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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