Section 25353 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25353
. (a) Except as provided in (b), the department may not expend
funds from the state account for a removal or remedial action with
respect to a hazardous substance release site owned or operated by
the federal government or a state or local agency at the time of
disposal to the extent that the federal government or the state or
local agency would otherwise be liable for the costs of that action,
except that the department may expend those funds, upon appropriation
by the Legislature, to oversee the carrying out of a removal or
remedial action at the site by another party.
(b) Except as provided in subdivision (f), the department may
expend funds from the state account, upon appropriation by the
Legislature, to take a removal or remedial action at a hazardous
substance release site which was owned or operated by a local agency
at the time of release, if all of the following requirements are met:
(1) The department has substantial evidence that a local agency is
not the only responsible party for the site.
(2) The department has issued a cleanup order to, or entered into
an enforceable agreement with, the local agency pursuant to Section
25355.5 and has made a final determination that the local agency is
not in compliance with the order or enforceable agreement.
(c) The department shall recover any funds expended pursuant to
subdivision (a) or (b) to the maximum possible extent pursuant to
Section 25360.
(d) If a local agency is identified as a potentially responsible
party in a remedial action plan prepared pursuant to Section 25356.1,
and the department expends funds pursuant to this chapter to pay for
the local agency's share of the removal and remedial action, the
expenditure of these funds shall be deemed to be a loan from the
state to the local agency. If the department determines that the
local agency is not making adequate progress toward repaying the loan
made pursuant to this section, the State Board of Equalization
shall, upon notice by the department, withhold the unpaid amount of
the loan, in increments from the sales and use tax transmittals made
pursuant to Section 7204 of the Revenue and Taxation Code, to the
city or county in which the local agency is located. The State Board
of Equalization shall structure the amounts to be withheld so that
complete repayment of the loan, together with interest and
administrative charges, occurs within five years after a local agency
has been notified by the department of the amount which it owes. The
State Board of Equalization shall deposit any funds withheld
pursuant to this section into the state account.
(e) The department may not expend funds from the state account for
the purposes specified in Section 25352 where the injury,
degradation, destruction, or loss to natural resources, or the
release of a hazardous substance from which the damages to natural
resources resulted, has occurred prior to September 25, 1981.
(f) The department may not expend funds from the state account for
a removal or remedial action at any waste management unit owned or
operated by a local agency if it meets both of the following
conditions:
(1) It is classified as a class III waste management unit pursuant
to Subchapter 15 (commencing with Section 2510) of Chapter 3 of
Title 23 of the California Administrative Code.
(2) It was in operation on or after January 1, 1988.