Section 25299.7 Of Chapter 6.7. Underground Storage Of Hazardous Substances From California Health And Safety Code >> Division 20. >> Chapter 6.7.
25299.7
. (a) The board is designated as the lead agency in the
state for all purposes stated in the federal act and may exercise any
powers which a state may exercise pursuant to the federal act.
(b) The board may prepare, as part of any program application
submitted to the Environmental Protection Agency for state program
approval pursuant to Section 6991c of Title 42 of the United States
Code, any procedures and implementation plans necessary to assure
compliance with the requirements for a state program implementing the
federal act. These procedures and implementation plans may include,
but are not limited to, procedures or implementation plans with
respect to investigation, compliance monitoring, enforcement, public
participation, and sharing of information among local agencies, the
board, and the Environmental Protection Agency. If the Environmental
Protection Agency approves of the state program, the board, the
regional boards, and each local agency shall administer this chapter
in accordance with these procedures and implementation plans where
required by the memorandum of agreement executed by the board and the
Environmental Protection Agency. These procedures and implementation
plans shall also apply to any public agency or official who brings a
civil enforcement action pursuant to this chapter, and to any city
or county specified in Section 25299.1, to the extent required by the
memorandum of agreement. The board's approval of the program
application and memorandum of agreement is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
(c) The board shall adopt, pursuant to Section 25299.3, any
regulations necessary to obtain state program approval pursuant to
Section 6991c of Title 42 of the United States Code. The board shall
adopt these regulations as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulations adopted by the board in furtherance of this
section shall be filed with, but may not be repealed by, the Office
of Administrative Law and shall remain in effect until revised by the
board.