25187.1
. (a) (1) If the department or a unified program agency
authorized pursuant to paragraph (2) determines, upon receipt of any
information, that the presence of any hazardous waste at a facility
or site at which hazardous waste is, or has been, stored, treated, or
disposed of, or the release of any hazardous waste from the facility
or site may present a substantial hazard to human health or the
environment, the department or authorized unified program agency may
issue an order requiring the owner or operator of the facility or
site to conduct monitoring, testing, analysis, and reporting with
respect to the facility or site which the department or authorized
unified program agency deems reasonable to ascertain the nature and
extent of the hazard.
(2) The authority granted under this section to a unified program
agency is limited to the issuance of orders pursuant to paragraph (1)
to a unified program facility within the jurisdiction of the CUPA,
and is subject to Section 25404.1.
(b) If a facility or site subject to subdivision (a) is not in
operation at the time the determination is made and the department
finds that the owner of the facility or site, could not reasonably be
expected to have actual knowledge of the presence of hazardous waste
at the facility or site and of its potential for release, the
department may issue an order requiring the most recent previous
owner or operator of the facility or site who could reasonably be
expected to have the actual knowledge to carry out the actions
specified in subdivision (a).
(c) Any order issued pursuant to subdivision (a) or (b) shall
require the person to whom the order is issued to submit to the
department or authorized unified program agency, within 30 days from
the issuance of the order, a proposal for carrying out the required
monitoring, testing, analysis, and reporting. The department or
authorized unified program agency may, after providing the person
with an opportunity to confer with the department or authorized
unified program agency concerning the proposal, require the person to
carry out the monitoring, testing, analysis, and reporting in
accordance with the proposal, and with any modifications in the
proposal as the department or authorized unified program agency deems
reasonable to ascertain the nature and extent of the hazard.
(d) If the department or authorized unified program agency
determines that there is no owner or operator specified in
subdivision (a) or (b) to conduct monitoring, testing, analysis, or
reporting satisfactory to the department or authorized unified
program agency, if the department or authorized unified program
agency deems the action carried out by an owner or operator is
unsatisfactory, or if the department or authorized unified program
agency cannot initially determine that there is an owner or operator
specified in subdivision (a) or (b) who is able to conduct
monitoring, testing, analysis, or reporting, the department or
authorized unified program agency may do either of the following:
(1) Conduct monitoring, testing, or analysis, or any combination
of these actions, which the department or authorized unified program
agency deems reasonable, to ascertain the nature and extent of the
hazard associated with the site.
(2) Authorize a local authority or other person to carry out the
action, and require, by order, the owner or operator specified in
subdivision (a) or (b) to reimburse the department or authorized
unified program agency or other authority or person for the costs of
the activity.
(e) The department or authorized unified program agency shall not
issue an order pursuant to this section which requires the department
or authorized unified program agency to be reimbursed for the costs
of any action carried out by the department or authorized unified
program agency to conduct monitoring, testing, and analysis to
determine the results of the actions carried out by a person pursuant
to an order issued pursuant to subdivision (a) or (b).
(f) For purposes of carrying out this section, the department, an
authorized unified program agency, any other local agency, or other
person authorized under paragraph (2) of subdivision (d), may take
action pursuant to Section 25185.