Article 11.5. Hazardous Waste Disposal On Public Land of California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 11.5.
(a) Any city, county, or state agency which, as owner,
lessor, or lessee, knows or has probable cause to believe that a
disposal of hazardous waste which is not authorized pursuant to this
chapter has occurred on, under, or into the land which the city,
county, or state agency owns or leases shall notify the department.
Upon receiving that notice, the department shall determine if there
has been a disposal of hazardous waste which is not authorized
pursuant to this chapter.
(b) If the department determines that there has been a disposal of
hazardous waste which is not authorized pursuant to this chapter,
the department shall do all of the following:
(1) Conduct, or arrange for the conducting of, tests to determine
the general chemical and mineral composition of the hazardous waste.
(2) Require the city, county, or state agency which submitted the
notice pursuant to subdivision (a) to prepare a hazardous waste
management plan specifying those removal or remedial actions, as
defined in Sections 25322 and 25323, which are needed to be taken
concerning the hazardous waste. The hazardous waste management plan
shall provide for the protection of human health and the environment
and minimize or eliminate the escape of hazardous waste constituents,
leachate, contaminated rainfall, and waste decomposition products
into ground and surface waters and into the atmosphere.
(3) Send notice of the department's findings made pursuant to
paragraph (1) to the county in which the land is located, the city,
if any, in which the land is located, the owner of the property, and
residents living within 2,000 feet of the property line of the land
on which the hazardous wastes were disposed. The department shall
also post signs in the vicinity of the land which contain this
information and are visible to the public. The department may also
provide this notice to other persons, or post these signs in any
other area, to protect the public health and safety or to provide the
maximum opportunity for comment from the potentially affected
(4) Conduct public hearings on the proposed hazardous waste
management plan during those times and at those places which are
convenient to the affected public. These hearings shall be conducted
even if the hazardous waste management plan provides that no removal
or remedial actions will be taken. The department shall publish
notice of these hearings in newspapers of general circulation, as
defined in Section 6000 of the Government Code, and shall use all
other reasonable means to publicize these hearings.
(5) Take all actions required by Section 25358.7 concerning any
proposed removal or remedial actions.
(6) Take any other actions authorized by this chapter or Chapter
6.8 (commencing with Section 25300) to carry out the legislative
intent specified in Section 25242.1.
(c) The city, county, or state agency which is required to prepare
a hazardous waste management plan pursuant to paragraph (2) of
subdivision (b) shall submit the proposed hazardous waste management
plan for approval to the department or a California Regional Water
Quality Control Board, whichever the department determines is
appropriate. A city or state agency shall submit the plan to the
county in which the land is located, and a county or state agency
shall submit the plan to the city, if any, in which the land is
located, for comments and recommendations. The city, county, or state
agency shall also consider whether to incorporate any changes in the
plan which are recommended by the county, city, and the public.
It is the intention of the Legislature, in enacting this
article, to protect the public health and safety and the environment
by requiring all of the following:
(a) Prompt steps to remedy the unauthorized disposal of hazardous
waste on public land be taken as soon as possible.
(b) Prompt notice be given to the affected public of such an
unauthorized disposal of hazardous waste.
(c) Affording the public an opportunity for input into the manner
in which the hazardous waste will be cleaned up or rendered safe.
Prior to, or simultaneously with, utilizing the provisions
of this article, the department shall diligently pursue all feasible
civil and criminal actions against the owner of the land or other
party responsible for the disposal of the hazardous waste, who
violates this chapter or the regulations adopted pursuant to this
The owner, lessee, or lessor of any land which is affected by
hazardous waste which was disposed on, under, or into the land may
recover the costs incurred in complying with this article, in a civil
action, from any person who produced the waste or from any other
person who was responsible for the disposal of the hazardous waste.
The lessee of any land, who was not responsible for the
unauthorized disposal of the hazardous waste upon that land, may also
recover the costs incurred in complying with this article from the
owner of the land if the person who produced the waste or who was
responsible for the disposal of hazardous waste cannot be located or
cannot compensate the lessee for these costs.
If any provision of this article or the application
thereof to any person or circumstance is held invalid, this holding
shall not affect other provisions or applications of this article
which can be given effect without the invalid provision or
application, and to this end, the provisions of the article are