Section 25297.01 Of Chapter 6.7. Underground Storage Of Hazardous Substances From California Health And Safety Code >> Division 20. >> Chapter 6.7.
25297.01
. (a) In addition to the authority granted to the board
pursuant to Division 7 (commencing with Section 13000) of the Water
Code and to the department pursuant to Chapter 6.8 (commencing with
Section 25300), the board, in cooperation with the department, shall
develop and implement a local oversight program for the abatement of,
and oversight of the abatement of, unauthorized releases of
hazardous substances from underground storage tanks by a local agency
certified pursuant to this section.
(b) On and after July 1, 2013, only a city or county certified
pursuant to subdivision (c) may implement a local oversight program.
The board may enter into an agreement pursuant to Section 25297.1
with a certified city or county to implement the oversight program.
(c) The board may certify a city or county if the board determines
that the city or county is qualified to oversee or perform the
abatement of unauthorized releases of hazardous substances from
underground storage tanks. The board shall consider, as criteria for
determining whether a city or county is qualified, at a minimum, all
of the following factors:
(1) Adequacy of the technical expertise possessed by the city or
county.
(2) Adequacy of staff resources.
(3) Adequacy of budget resources and funding mechanisms.
(4) Training requirements.
(5) Past performance in implementing and enforcing corrective
action requirements.
(6) Recordkeeping and accounting systems.
(d) The board shall adopt procedures and criteria for certifying
and withdrawing certification from cities and counties pursuant to
this section. The adoption of these procedures and criteria shall not
be considered as regulations subject to, and shall be exempt from,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(e) If the board does not, by July 1, 2013, certify a city or
county that has been implementing a local oversight program pursuant
to an agreement entered into with the board on or before January 1,
2013, the board shall assign the cases from that city or county to
the appropriate regional board or to a city or county that is
certified by the board. An order or directive issued by that
uncertified city or county on or before July 1, 2013, shall remain in
effect and may be enforced by the regional board or certified city
or county that receives the case.
(f) The board shall review, at least once every three years, the
ability of the certified city or county to carry out the local
oversight program. When conducting this review, the board shall
consider the certification criteria contained in paragraphs (1) to
(6), inclusive, of subdivision (c) and the criteria adopted pursuant
to subdivision (d). The board may, after conducting the review,
withdraw the certification of the city or county. Upon making this
withdrawal, the cases of the former certified city or county shall be
transferred from the city or county and the orders and directives
issued by the former certified city or county shall remain effective
and enforceable in accordance with subdivision (e). The board shall
not make the effective date for the withdrawal of a certification
before the expiration date of the local oversight program agreement
entered into between the board and the certified city or county
pursuant to Section 25297.1, unless the certified city or county
fails to comply with the agreement.