Section 25355.6 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25355.6
. (a) The State Water Resources Control Board or a
California regional water quality control board that has jurisdiction
over a hazardous substance release site pursuant to Division 7
(commencing with Section 13000) of the Water Code may refer the site
to the department as a candidate for listing pursuant to Section
25356. After determining that the site meets the criteria adopted
pursuant to subdivision (a) of Section 25356, the department may
place the site on the list of sites subject to this chapter and
establish its priority ranking pursuant to Section 25356.
(b) If a hazardous substance release site is referred to the
department and is listed pursuant to subdivision (a), the department
may expend money from the state account for removal or remedial
action at the site, upon appropriation by the Legislature, without
first issuing an order or entering into an agreement pursuant to
paragraph (1) of subdivision (a) of Section 25355.5, if all of the
following apply:
(1) The State Water Resources Control Board or a California
regional water quality control board has issued either a cease and
desist order pursuant to Section 13301 of the Water Code or a cleanup
and abatement order pursuant to Section 13304 of the Water Code to
the potentially responsible party for the site.
(2) The State Water Resources Control Board or the California
regional water quality control board has made a final finding that
the potentially responsible party has not complied with the order
issued pursuant to paragraph (1).
(3) The State Water Resources Control Board or the California
regional water quality control board has notified the potentially
responsible party of the determination made pursuant to paragraph (2)
and that the hazardous substance release site has been referred to
the department pursuant to subdivision (a).
(c) If a hazardous substance release site is referred to the
department pursuant to subdivision (a), and the department makes
either of the following determinations, the department shall notify
the appropriate California regional water quality control board and
the State Water Resources Control Board:
(1) The department determines that the site does not meet the
criteria established pursuant to subdivision (a) and the site cannot
be placed, pursuant to Section 25356, on the list of sites subject to
this chapter.
(2) The department determines that a removal or remedial action at
the site will not commence for a period of one year from the date of
listing due to a lack of funds or the low priority of the site.
(d) If a California regional water resources control board or the
State Water Resources Control Board receives a notice pursuant to
subdivision (c), the regional board or state board may take any
further action concerning the hazardous substance release site which
the regional board or state board determines to be necessary or
feasible, and which is authorized by this chapter or Division 7
(commencing with Section 13000) of the Water Code.