Section 25296.25 Of Chapter 6.7. Underground Storage Of Hazardous Substances From California Health And Safety Code >> Division 20. >> Chapter 6.7.
25296.25
. (a) (1) Unless the board, in consultation with local
agencies and the regional board, determines that a site is an
emergency site, the board, at the request of a responsible party who
is eligible for reimbursement of corrective action costs under
Chapter 6.75 (commencing with Section 25299.10), may suspend
additional corrective action or investigation work at a site, based
on a preliminary site assessment conducted in accordance with the
corrective action regulations adopted by the board, but the board
shall not suspend any of the following activities pursuant to this
section:
(A) Removal of, or approved modifications of, existing tanks.
(B) Excavation of petroleum saturated soil or removal of excess
petroleum from saturated soil.
(C) Removal of free product from the saturated and unsaturated
zones.
(D) Periodic monitoring to ensure that released petroleum is not
migrating in an uncontrolled manner that will cause the site to
become an emergency site.
(2) For purposes of this subdivision, "emergency site" means a
site that, because of an unauthorized release of petroleum, meets one
of the following conditions:
(A) The site presents an imminent threat to public health or
safety or the environment.
(B) The site poses a substantial probability of causing a
condition of contamination or nuisance, as defined in Section 13050
of the Water Code, or of causing pollution of a source of drinking
water at a level that is a violation of a primary or secondary
drinking water standard adopted by the State Department of Health
Services pursuant to Chapter 4 (commencing with Section 116270) of
Part 12 of Division 104.
(b) The suspension shall continue until one of the following
occurs:
(1) The board provides the eligible responsible party with a
letter of commitment pursuant to Chapter 6.75 (commencing with
Section 25299.10) that the party will receive reimbursement for the
corrective action.
(2) The responsible party requests in writing that the suspension
be terminated and that the work continue.
(3) The fund established pursuant to Article 6 (commencing with
Section 25299.50) of Chapter 6.75 is no longer in existence.
(c) The board shall adopt regulations pursuant to Section 25299.3
that specify the conditions under which a site is an imminent threat
to public health or safety or to the environment or poses a
substantial probability of causing a condition of contamination,
nuisance, or pollution as specified in paragraph (2) of subdivision
(a). The board shall not suspend corrective action or investigation
work at any site pursuant to this section until the effective date of
the regulations adopted by the board pursuant to this subdivision.