25200.14
. (a) For purposes of this section, "phase I environmental
assessment" means a preliminary site assessment based on reasonably
available knowledge of the facility, including, but not limited to,
historical use of the property, prior releases, visual and other
surveys, records, consultant reports, and regulatory agency
correspondence.
(b) (1) Except as provided in paragraph (2) and in subdivision
(i), in implementing the requirements of Section 25200.10 for
facilities operating pursuant to a permit-by-rule under the
regulations adopted by the department regarding transportable
treatment units and fixed treatment units, which are contained in
Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title
22 of the California Code of Regulations, or for generators
operating pursuant to a grant of conditional authorization under
Section 25200.3, the department or the unified program agency
authorized to implement this section pursuant to Section 25404.1
shall require the owner or operator of the facility or the generator
to complete and file a phase I environmental assessment with the
department or the authorized unified program agency not later than
one year from the date of adoption of the checklist specified in
subdivision (f), but not later than January 1, 1997, or one year from
the date that the facility or generator becomes authorized to
operate, whichever date is later. After submitting a phase I
environmental assessment, the owner or operator of the facility or
the generator shall subsequently submit to the department or the
authorized unified program agency, during the next regular reporting
period, if any, updated information obtained by the facility owner or
operator or the generator concerning releases subsequent to the
submission of the phase I environmental assessment.
(2) Paragraph (1) does not apply to a facility owner or operator
that is conducting, or has conducted, a site assessment of the entire
facility or to a generator that is conducting, or has conducted, a
site assessment of the entire facility of the generator in accordance
with an order issued by a California regional water quality control
board or any other state or federal environmental enforcement agency.
(c) An assessment that would otherwise meet the requirements of
this section that is prepared for another purpose and was completed
not more than three years prior to the date by which the facility
owner or operator or the generator is required to submit a phase I
environmental assessment may be used to comply with this section if
the assessment is supplemented by any relevant updated information
reasonably available to the facility owner or operator or to the
generator.
(d) The department or the unified program agency authorized to
implement this section pursuant to Section 25404.1 shall not require
sampling or testing as part of the phase I environmental assessment.
A phase I environmental assessment shall be certified by the facility
owner or operator or by the generator, or by their designee, or by a
certified professional engineer, or a geologist, or an environmental
assessor. The phase I environmental assessment shall indicate
whether the preparer believes that further investigation, including
sampling and analysis, is necessary to determine whether a release
has occurred, or to determine the extent of a release from a solid
waste management unit or hazardous waste management unit.
(e) (1) If the results of a phase I environmental assessment
conducted pursuant to subdivision (b) indicate that further
investigation is needed to determine the existence or extent of a
release from a solid waste management unit or hazardous waste
management unit, the facility owner or operator or the generator
shall submit a schedule, within 90 days from the date of submission
of the phase I environmental assessment, for that further
investigation to the department or to the unified program agency
authorized to implement this section pursuant to Section 25404.1. If
the department or the authorized unified program agency determines,
based upon a review of the phase I environmental assessment or other
site-specific information in its possession, that further
investigation is needed to determine the existence or extent of a
release from a solid waste management unit or hazardous waste
management unit, in addition to any further action proposed by the
facility owner or operator or the generator, or determines that a
different schedule is necessary to prevent harm to human health and
safety or to the environment, the department or the authorized
unified program agency shall inform the facility owner or operator or
the generator of that determination and shall set a reasonable time
period in which to accomplish that further investigation.
(2) In determining if a schedule is acceptable for investigation
or remediation of any facility or generator subject to this section,
the department may require more expeditious action if the department
determines that hazardous constituents are mobile and are likely
moving toward, or have entered, a source of drinking water, as
defined by the State Water Resources Control Board, or determines
that more expeditious action is otherwise necessary to protect human
health or safety or the environment. To the extent that the
department determines that the hazardous constituents are relatively
immobile, or that more expeditious action is otherwise not necessary
to protect public health or safety or the environment, the department
may allow a longer schedule to allow the facility or generator to
accumulate a remediation fund, or other financial assurance
mechanism, prior to taking corrective action.
(3) If a facility owner or operator or the generator is conducting
further investigation to determine the nature or extent of a release
pursuant to, and in compliance with, an order issued by a California
regional water quality control board or other state or federal
environmental enforcement agency, the department or the authorized
unified program agency shall deem that investigation adequate for the
purposes of determining the nature and extent of the release or
releases that the order addressed, as the investigation pertains to
the jurisdiction of the ordering agency.
(f) The department shall develop a checklist to be used by
facility owners or operators and generators in conducting a phase I
environmental assessment. The development and publication of the
checklist is not subject to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code. The
department shall hold at least one public workshop concerning the
development of the checklist. The checklist shall not exceed the
phase I requirements adopted by the American Society for Testing and
Materials (ASTM) for due diligence for commercial real estate
transactions. The department shall deem compliance with those ASTM
standards, or compliance with the checklist developed and published
by the department, as meeting the phase I environmental assessment
requirements of this section.
(g) A facility, or to the extent required by the regulations
adopted by the department, a transportable treatment unit, operating
pursuant to a permit-by-rule shall additionally comply with the
remaining corrective action requirements specified in Section 67450.7
of Title 22 of the California Code of Regulations, in effect on
January 1, 1992.
(h) A generator operating pursuant to a grant of conditional
authorization pursuant to Section 25200.3 shall additionally comply
with paragraph (3) of subdivision (c) of Section 25200.3.
(i) The department or the authorized unified program agency shall
not require a phase I environmental assessment for those portions of
a facility subject to a corrective action order issued pursuant to
Section 25187, a cleanup and abatement order issued pursuant to
Section 13304 of the Water Code, or a corrective action required
under subsection (u) of Section 6924 of Title 42 of the United States
Code or subsection (h) of Section 6928 of Title 42 of the United
States Code.