25202.5
. (a) With respect to any hazardous waste facility permitted
pursuant to Section 25200 or granted interim status pursuant to
Section 25200.5, the department may do either of the following:
(1) Enter into an agreement with the owner of the hazardous waste
facility that requires the execution and recording of a written
instrument that imposes an easement, covenant, restriction, or
servitude upon the present and future uses of all or part of the land
on which the hazardous waste facility subject to the permit or grant
of interim status is located and on all or part of any adjacent land
held by, or for the beneficial use of, the owners of the land on
which the hazardous waste facility subject to the permit or grant of
interim status is located.
(2) Impose a requirement upon the owner of the hazardous waste
facility, by permit modification, permit condition, or otherwise,
that requires the execution and recording of a written instrument
that imposes an easement, covenant, restriction, or servitude upon
the present and future uses of all or part of the land on which the
hazardous waste facility subject to the permit or grant of interim
status is located and on all or part of any adjacent land held by, or
for the beneficial use of, the owners of the land on which the
hazardous waste facility subject to the permit or grant of interim
status is located.
(b) (1) The easement, covenant, restriction, or servitude
imposed pursuant to subdivision (a) shall be no more restrictive than
needed, as determined by the department, to protect the present or
future public health and safety and shall not place any restriction
on any land that limits the use, modification, or expansion of an
existing industrial or manufacturing facility or complex. The
instrument shall be executed by all of the owners of the land and by
the director, shall particularly describe the real property affected
by the instrument, and shall be recorded by the owner in the office
of the county recorder in each county in which all, or a portion of,
the land is located within 10 days of the date of execution. The
easement, covenant, restriction, or servitude shall state that the
land described in the instrument has been, or will be, the site of a
hazardous waste facility or is adjacent to the site of such a
facility, and may impose those use restrictions as the department
deems necessary to protect the present or future public health. The
restrictions may include restrictions upon activities on, over, or
under the land, including, but not limited to, a prohibition against
building, filling, grading, excavating, or mining without the written
permission of the director.
(2) A certified copy of the recorded easement, covenant,
restriction, or servitude shall be sent to the department upon
recordation. Notwithstanding any other law, except as provided in
Section 25202.6, an easement, covenant, restriction, or servitude
executed pursuant to this section and recorded so as to provide
constructive notice shall run with the land from the date of
recordation and shall be binding upon all of the owners of the land,
their heirs, successors, and assignees, and the agents, employees,
and lessees of the owners, heirs, successors, and assignees. The
easement, covenant, restriction, or servitude shall be enforceable by
the department pursuant to Article 8 (commencing with Section
25180).
(c) Except as provided in subdivisions (d) and (e), any land on
which is located a hazardous waste disposal facility permitted
pursuant to this chapter shall be surrounded by a minimum buffer zone
of 2,000 feet between the facility and the outer boundary of the
buffer zone. The department may impose an easement, covenant,
restriction, or servitude, or any combination thereof, as
appropriate, on the buffer zone pursuant to subdivision (a). If the
department determines that a buffer zone of more than 2,000 feet is
necessary to protect the present and future public health and safety,
the department may increase the buffer zone by restricting the
disposal of hazardous waste at that facility to land surrounded by a
larger buffer zone.
(d) Subdivision (c) does not apply to a property that was actually
and lawfully used for the disposal of hazardous waste on August 6,
1980.
(e) If the owner of a hazardous waste disposal facility proves to
the satisfaction of the department that a buffer zone of less than
2,000 feet is sufficient to protect the present and future public
health and safety, the department may allow the disposal of hazardous
waste onto land surrounded by a buffer zone of less than 2,000 feet.