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Section 25198.5 Of Article 8.6. Development Of Hazardous Waste Management Facilities On Indian Country From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.6.
25198.5
. (a) Each cooperative agreement shall require the public
agencies specified in subdivision (b) of Section 25198.3 to review
any draft tribal permit and any applicable federal permit to
determine whether it contains all conditions sufficient to do all of
the following:
(1) Meet the functionally equivalent standards provided in the cooperative agreement, as required by subdivision (e) of Section 25198.3.
(2) Provide not less than the level of protection for public health, safety, and the environment that would have been the case if that state agency had issued the permit.
(3) Implement all feasible mitigation measures. For purposes of this paragraph, "feasible" has the same meaning as in Sections 21001, 21002.1, and 21004 of the Public Resources Code, and any regulations adopted pursuant to those sections.
(b) Each cooperative agreement shall provide that the tribal or federal permits issued for the hazardous waste facility meet the requirements of this section.
(c) The failure of a party to a cooperative agreement to meet the requirements of this section shall be determined to be an actionable breach of the cooperative agreement.
(d) The election by a party to a cooperative agreement to pursue a contractual remedy shall not limit the ability of a party to assert its respective claims of jurisdiction or sovereign immunity.
(e) Entering into a cooperative agreement shall not be a basis for denying any remedy to which a party is otherwise entitled.
(f) Within 10 days of issuance of a final federal permit or tribal permit, a copy of that permit shall be provided to the California Environmental Protection Agency and the tribe having jurisdiction over the facility.
(1) Meet the functionally equivalent standards provided in the cooperative agreement, as required by subdivision (e) of Section 25198.3.
(2) Provide not less than the level of protection for public health, safety, and the environment that would have been the case if that state agency had issued the permit.
(3) Implement all feasible mitigation measures. For purposes of this paragraph, "feasible" has the same meaning as in Sections 21001, 21002.1, and 21004 of the Public Resources Code, and any regulations adopted pursuant to those sections.
(b) Each cooperative agreement shall provide that the tribal or federal permits issued for the hazardous waste facility meet the requirements of this section.
(c) The failure of a party to a cooperative agreement to meet the requirements of this section shall be determined to be an actionable breach of the cooperative agreement.
(d) The election by a party to a cooperative agreement to pursue a contractual remedy shall not limit the ability of a party to assert its respective claims of jurisdiction or sovereign immunity.
(e) Entering into a cooperative agreement shall not be a basis for denying any remedy to which a party is otherwise entitled.
(f) Within 10 days of issuance of a final federal permit or tribal permit, a copy of that permit shall be provided to the California Environmental Protection Agency and the tribe having jurisdiction over the facility.
