Section 25395.28 Of Article 8.5. Cleanup Loans And Environmental Assistance To Neighborhoods From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 8.5.
25395.28
. (a) (1) Except as provided in paragraph (2) and
subdivision (b), upon the request of a regional board or the state
board, the administering agency for any site that is the subject of a
loan approved under Section 25395.23 shall be a regional board, the
state board, or a local oversight program agency under contract with
the state board in accordance with Chapter 6.7 (commencing with
Section 25280) and Chapter 6.75 (commencing with Section 25299.10),
if the property is subject to a release from a leaking underground
fuel tank and the release from the leaking underground fuel tank is
the principal threat at that property, as determined by the regional
board, the state board, and the department.
(2) If the site specified in paragraph (1) was not subject to
oversight by a local oversight program agency prior to the date the
loan application was submitted to the department pursuant to Section
25395.22, the regional board shall serve as the administering agency.
(3) Any response action for a property subject to this subdivision
for a leaking underground fuel tank shall be carried out under
Chapter 6.65 (commencing with Section 25260), Chapter 6.7 (commencing
with Section 25280), and Chapter 6.75 (commencing with Section
25299.10).
(b) (1) Upon the request of a regional board, the regional board
shall be the administering agency for a property specified in
subdivision (a), if the site is subject to one or more of the
following orders or agreements under Division 7 (commencing with
Section 13000) of the Water Code prior to the date the loan
application was submitted to the department pursuant to Section
25395.22:
(A) A cleanup and abatement order.
(B) Other cleanup order issued by a regional board.
(C) A written voluntary agreement with a regional board.
(2) Any response action for a site subject to this subdivision
shall be carried out pursuant to Chapter 6.65 (commencing with
Section 25260).
(c) Notwithstanding subdivisions (a) and (b), the regional board
and the state board, in consultation with the department, may request
the department to be the administering agency for a property subject
to this section.
(d) Notwithstanding subdivision (b), if a regional board has
issued a cleanup order or entered into a written voluntary agreement
under Division 7 (commencing with Section 13000) of the Water Code
for a site and the department has issued an order or entered into an
enforceable agreement under Chapter 6.5 (commencing with Section
25100) or Chapter 6.8 (commencing with Section 25300), the regional
board and the department shall consult and determine which agency
shall be the administering agency for the site under this article.
(e) The department shall provide a written notice of the receipt
of a loan application under Section 25395.22, including the name and
address of the loan applicant and the location of the property, to
both of the following:
(1) A regional board for any property within that regional board's
jurisdiction.
(2) The state board for any property that contains a leaking
underground fuel tank.
(f) The regional board or state board shall respond with a written
notice to the department within 20 working days after receipt of the
notice or information provided pursuant to subdivision (e)
indicating whether the regional board or a local oversight program
agency under contract with the state board will oversee the response
action pursuant to this section. If the regional board or state board
does not provide this notice within that time period, the regional
board or state board shall be deemed to have elected not to oversee
the response action.
(g) (1) If a regional board or a local oversight program agency
under contract with the state board oversees a response action
pursuant to this section, the department shall reimburse the regional
board or state board from the account for oversight costs, if all of
the following occur:
(A) The department determines, pursuant to paragraph (2) of
subdivision (b) of Section 25395.25, that there are sufficient funds
in the account.
(B) The department receives the report required upon completion of
the response action under subdivision (i).
(C) The regional board or a local oversight program agency under
contract with the state board, as appropriate, certifies that it is
not eligible to be reimbursed for oversight costs from any other fund
or account, including, but not limited to, the Underground Storage
Tank Cleanup Fund pursuant to Chapter 6.75 (commencing with Section
25299.10).
(2) If the department determines pursuant to paragraph (2) of
subdivision (b) of Section 25395.25 that the account has insufficient
funds, the regional board or state board shall recover its oversight
costs from the loan recipient, and the department shall not be
liable for these oversight costs.
(h) If a regional board or a local oversight program agency under
contract with the state board oversees a response action pursuant to
this section, the recipient of a loan approved pursuant to Section
25395.23 shall enter into an agreement with the regional board or the
state board under paragraph (1) of subdivision (b) of Section
25395.25 for the oversight and approval of the response action at the
site, prior to the release of loan funds by the department. The
agreement shall meet the requirements specified in the regulations
adopted pursuant to Section 25395.29.
(i) If the regional board or a local oversight program agency
under contract with the state board serves as the administering
agency pursuant to this section, the regional board or the state
board shall do both of the following:
(1) Annually provide information to the department about the
status of the response action, including any response action decision
document that includes limitations on land use or other
institutional controls.
(2) Notify the department upon completion of the response action.
(j) This section does not apply to any site subject to Chapter 1
(commencing with Section 17210) of Part 10.5 of Division 1 of Title 1
of the Education Code.