Section 25351.2 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25351.2
. (a) A city or county may initiate a removal or remedial
action for a site listed pursuant to Section 25356 in accordance with
this section. Except as provided in subdivision (d), the city or
county shall, before commencing the removal or remedial action, take
all of the following actions:
(1) The city or county shall notify the department of the planned
removal or remedial action. Upon receiving this notification, the
department shall make a reasonable effort to notify any person
identified by the department as a potentially responsible party for
the site. If a potentially responsible party is taking the removal or
remedial action properly and in a timely fashion, or if a
potentially responsible party will commence such an action within 60
days of this notification, the city or county may not initiate a
removal or remedial action pursuant to this section.
(2) If a potentially responsible party for the site has not taken
the action specified in paragraph (1), the city or county shall
submit the estimated cost of the removal or remedial action to the
department, which shall, within 30 days after receiving the estimate,
approve or disapprove the reasonableness of the cost estimate. If
the department disagrees with the cost estimate, the city or county
and the department shall, within 30 days, attempt to enter into an
agreement concerning the cost estimate.
(3) The city or county shall demonstrate to the department that it
has sufficient funds to carry out the approved removal or remedial
action without taking into account any costs of the action that may
be, or have been, paid by a potentially responsible party.
(b) If the director approves the request of the city or county to
initiate a removal or remedial action and a final remedial action
plan has been issued pursuant to Section 25356.1 for the hazardous
substance release site, the city or county shall be deemed to be
acting in place of the department for purposes of implementing the
remedial action plan pursuant to this chapter.
(c) Upon reimbursing a city or county for the costs of a removal
or remedial action, the department shall recover these costs pursuant
to Section 25360.
(d) In order for a city or county to be reimbursed for the costs
of a removal or remedial action incurred by the city or county from
the state account, the city or county shall obtain the approval of
the director before commencing the removal or remedial action. The
director shall grant an approval only when all actions required by
law prior to implementation of a remedial action plan have been
taken.