25296.10
. (a) Each owner, operator, or other responsible party
shall take corrective action in response to an unauthorized release
in compliance with this chapter and the regulations adopted pursuant
to Section 25299.3. In adopting corrective action regulations, the
board shall develop corrective action requirements for health hazards
and protection of the environment, based on the severity of the
health hazards and the other factors listed in subdivision (b). The
corrective action regulations adopted by the board pursuant to
Section 25299.77 to implement Section 25299.37, as that section read
on January 1, 2002, that were in effect before January 1, 2003, shall
continue in effect on and after January 1, 2003, until revised by
the board to implement this section and shall be deemed to have been
adopted pursuant to Section 25299.3.
(b) Any corrective action conducted pursuant to this chapter shall
ensure protection of human health, safety, and the environment. The
corrective action shall be consistent with any applicable waste
discharge requirements or other order issued pursuant to Division 7
(commencing with Section 13000) of the Water Code, all applicable
state policies for water quality control adopted pursuant to Article
3 (commencing with Section 13140) of Chapter 3 of Division 7 of the
Water Code, and all applicable water quality control plans adopted
pursuant to Section 13170 of the Water Code and Article 3 (commencing
with Section 13240) of Chapter 4 of Division 7 of the Water Code.
(c) (1) When a local agency, the board, or a regional board
requires an owner, operator, or other responsible party to undertake
corrective action, including preliminary site assessment and
investigation, pursuant to an oral or written order, directive,
notification, or approval issued pursuant to this section, or
pursuant to a cleanup and abatement order or other oral or written
directive issued pursuant to Division 7 (commencing with Section
13000) of the Water Code, the owner, operator, or other responsible
party shall prepare a work plan that details the corrective action
the owner, operator, or other responsible party shall take to comply
with the requirements of subdivisions (a) and (b) and the corrective
action regulations adopted pursuant to Section 25299.3.
(2) The work plan required by paragraph (1) shall be prepared in
accordance with the regulations adopted pursuant to Section 25299.3.
The work plan shall include a schedule and timeline for corrective
action.
(3) At the request of the owner, operator, or other responsible
party, the local agency, the board, or the regional board shall
review a work plan prepared pursuant to paragraph (1) and either
accept the work plan, if it meets the requirements of the section, or
disapprove the work plan if it does not meet those requirements. If
the local agency, board, or the regional board accepts the work plan,
it shall indicate to the owner, operator, or other responsible
party, the actions or other elements of the work plan that are, in
all likelihood, adequate and necessary to meet the requirements of
this section, and the actions and elements that may be unnecessary.
If the local agency, board, or regional board disapproves the work
plan, it shall state the reasons for the disapproval.
(4) In the interests of minimizing environmental contamination and
promoting prompt cleanup, the responsible party may begin
implementation of the proposed action after the work plan has been
submitted but before the work plan has received regulatory agency
acceptance, except that implementation of the work plan may not begin
until 60 calendar days from the date of submittal, unless the
responsible party is otherwise directed in writing by the regulatory
agency. However, before beginning implementation pursuant to this
paragraph, the responsible party shall notify the regulatory agency
of the intent to initiate proposed actions set forth in the submitted
work plan.
(5) The owner, operator, or other responsible party shall conduct
corrective actions in accordance with the work plan approved pursuant
to this section.
(6) When the local agency, the board, or the regional board
requires a responsible party to conduct corrective action pursuant to
this section, it shall inform the responsible party of its right to
request the designation of an administering agency to oversee the
site investigation and remedial action at its site pursuant to
Section 25262 and, if requested to do so by the responsible party,
the local agency shall provide assistance to the responsible party in
preparing and processing a request for that designation.
(d) (1) This subdivision applies only to an unauthorized release
from a petroleum underground storage tank that is subject to Chapter
6.75 (commencing with Section 25299.10).
(2) Notwithstanding Section 25297.1, the board shall implement a
procedure that does not assess an owner, operator, or responsible
party taking corrective action pursuant to this chapter for the costs
of a local oversight program pursuant to paragraph (4) of
subdivision (d) of Section 25297.1. The board shall institute an
internal procedure for assessing, reviewing, and paying those costs
directly between the board and the local agency.
(e) A person to whom an order is issued pursuant to subdivision
(c), shall have the same rights of administrative and judicial appeal
and review as are provided by law for cleanup and abatement orders
issued pursuant to Section 13304 of the Water Code.
(f) (1) If a person to whom an order is issued pursuant to
subdivision (c) does not comply with the order, the board, a regional
board, or the local agency may undertake or contract for corrective
action.
(2) The board, a regional board, or local agency shall be
permitted reasonable access to property owned or possessed by an
owner, operator, or responsible party as necessary to perform
corrective action pursuant to this subdivision. The access shall be
obtained with the consent of the owner or possessor of the property
or, if the consent is withheld, with a warrant duly issued pursuant
to the procedure described in Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure. However, if there
is an emergency affecting public health or safety, or the
environment, the board, a regional board, or local agency may enter
the property without consent or the issuance of a warrant.
(3) The board, a regional board, or local agency may recover its
costs incurred under this subdivision pursuant to Section 13304 of
the Water Code. If the unauthorized release is from an underground
storage tank that is subject to Chapter 6.75 (commencing with Section
25299.10), the board, a regional board, or local agency may also
recover its costs pursuant to Section 25299.70.
(g) The following uniform closure letter shall be issued to the
owner, operator, or other responsible party taking corrective action
at an underground storage tank site by the local agency or the
regional board with jurisdiction over the site, or the board, upon a
finding that the underground storage tank site is in compliance with
the requirements of subdivisions (a) and (b) and with any corrective
action regulations adopted pursuant to Section 25299.3 and that no
further corrective action is required at the site: