Section 25358.9 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25358.9
. (a) To the extent consistent with the Resource
Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec.
6901 et seq.), the department may exclude any portion of a response
action conducted entirely onsite from the hazardous waste facility
permit requirements of Section 25201 if both of the following apply:
(1) The removal or remedial action is carried out pursuant to a
removal action work plan or a remedial action plan prepared pursuant
to Section 25356.1.
(2) The removal action work plan or the remedial action plan
requires that the response action complies with all laws, rules,
regulations, standards, and requirements, criteria, or limitations
applicable to the construction, operation, and closure of the type of
facility at the hazardous substance release site and with any other
condition imposed by the department as necessary to protect public
health and safety and the environment.
(b) The department may enforce in the court for the county in
which a response action exempted pursuant to subdivision (a) is
located any federal or state law, rule, regulation, standard,
requirements, criteria, or limitation with which the remedial or
removal action is required to comply. Any consent decree entered into
pursuant to an enforcement action authorized by this subdivision
shall require the parties to attempt expeditiously to informally
resolve any disagreements concerning the implementation of the
response action with the appropriate federal and state agencies and
shall provide for administrative enforcement. The consent decree
shall stipulate that the penalty for violation of the consent decree
shall be an amount not more than twenty-five thousand dollars
($25,000) per day, which may be enforced by the state. These
penalties do not impair or affect the authority of the court to order
compliance with the specific terms of the consent decree.