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Article 2. Definitions of California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 2.
The definitions set forth in this article and in Article
6 (commencing with Section 25395.90) shall govern the interpretation
of this chapter. If a term is not otherwise defined in this chapter,
the definition contained in Chapter 6.8 (commencing with Section
25300) shall apply to that term.
"Agency" means the department, the board, or a regional
board.
"All appropriate inquiries" has the following meanings:
(a) Except as provided in subdivision (c), until the date when the standards and practices established by the Administrator of the United States Environmental Protection Agency pursuant to Section 101 (35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are adopted and take effect, "all appropriate inquiries" means:
(1) For property acquired on or before December 1, 2000, compliance with American Society for Testing and Materials Standard El527-97 entitled "Standard Practice for Environmental Site Assessment": Phase 1 Environmental Site Assessment Process.
(2) For property acquired after December 1, 2000, compliance with American Society for Testing and Materials Standard El527-00.
(b) Except as provided in subdivision (c), on and after the date when the standards and practices established by the Administrator of the United States Environmental Protection Agency pursuant to Section 101(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are adopted and take effect, "all appropriate inquiries" means compliance with those standards, except that any portion of the inquiry that includes the practice of engineering or the practice of geology shall be carried out in conformance with applicable state statutes.
(c) If the property is used solely for residential use and has four or fewer units at the time of acquisition by a nongovernmental or noncommercial entity, "all appropriate inquiries" means that a site inspection and title search does not reveal a basis for further investigation.
(a) Except as provided in subdivision (c), until the date when the standards and practices established by the Administrator of the United States Environmental Protection Agency pursuant to Section 101 (35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are adopted and take effect, "all appropriate inquiries" means:
(1) For property acquired on or before December 1, 2000, compliance with American Society for Testing and Materials Standard El527-97 entitled "Standard Practice for Environmental Site Assessment": Phase 1 Environmental Site Assessment Process.
(2) For property acquired after December 1, 2000, compliance with American Society for Testing and Materials Standard El527-00.
(b) Except as provided in subdivision (c), on and after the date when the standards and practices established by the Administrator of the United States Environmental Protection Agency pursuant to Section 101(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are adopted and take effect, "all appropriate inquiries" means compliance with those standards, except that any portion of the inquiry that includes the practice of engineering or the practice of geology shall be carried out in conformance with applicable state statutes.
(c) If the property is used solely for residential use and has four or fewer units at the time of acquisition by a nongovernmental or noncommercial entity, "all appropriate inquiries" means that a site inspection and title search does not reveal a basis for further investigation.
"Applicable law" means all of the provisions of the
following state statutory and common laws that impose liability on an
owner or occupant of property for pollution conditions caused by a
release or threatened release of hazardous material on, under, or
adjacent to the property:
(a) Title 1 (commencing with Section 3479) of, Title 2 (commencing with Section 3490) of, and Title 3 (commencing with Section 3501) of, Part 3 of Division 4 of the Civil Code.
(b) Chapter 2 (commencing with Section 731) of Title 10 of Part 2 of the Code of Civil Procedure, but not including Section 736 of the Code of Civil Procedure.
(c) Section 5650 of the Fish and Game Code.
(d) Chapter 6.7 (commencing with Section 25280), Chapter 6.75 (commencing with Section 25299.10), and Chapter 6.8 (commencing with Section 25300), of this division.
(e) Chapter 1 (commencing with Section 13000) to Chapter 5 (commencing with Section 13300), inclusive, of Division 7 of the Water Code.
(f) State common law regarding contribution, nuisance, trespass, and equitable indemnity.
(a) Title 1 (commencing with Section 3479) of, Title 2 (commencing with Section 3490) of, and Title 3 (commencing with Section 3501) of, Part 3 of Division 4 of the Civil Code.
(b) Chapter 2 (commencing with Section 731) of Title 10 of Part 2 of the Code of Civil Procedure, but not including Section 736 of the Code of Civil Procedure.
(c) Section 5650 of the Fish and Game Code.
(d) Chapter 6.7 (commencing with Section 25280), Chapter 6.75 (commencing with Section 25299.10), and Chapter 6.8 (commencing with Section 25300), of this division.
(e) Chapter 1 (commencing with Section 13000) to Chapter 5 (commencing with Section 13300), inclusive, of Division 7 of the Water Code.
(f) State common law regarding contribution, nuisance, trespass, and equitable indemnity.
"Appropriate care" means either of the following:
(a) The performance of a response action, with respect to hazardous materials found at a site, for which the agency makes the determination specified in paragraph (1) of subdivision (c) of Section 25395.96 and that meets all of the following conditions:
(1) The response action is determined by an agency to be necessary to prevent an unreasonable risk to human health and safety or the environment, as defined in Section 25395.90.
(2) The response action is performed in accordance with a response plan approved by the agency pursuant to Article 6 (commencing with Section 25395.90).
(3) The approved response plan includes a provision for oversight and approval of the completed response action by the agency pursuant to Article 6 (commencing with Section 25395.90).
(b) A determination that no further action is required pursuant to Section 25395.95.
(a) The performance of a response action, with respect to hazardous materials found at a site, for which the agency makes the determination specified in paragraph (1) of subdivision (c) of Section 25395.96 and that meets all of the following conditions:
(1) The response action is determined by an agency to be necessary to prevent an unreasonable risk to human health and safety or the environment, as defined in Section 25395.90.
(2) The response action is performed in accordance with a response plan approved by the agency pursuant to Article 6 (commencing with Section 25395.90).
(3) The approved response plan includes a provision for oversight and approval of the completed response action by the agency pursuant to Article 6 (commencing with Section 25395.90).
(b) A determination that no further action is required pursuant to Section 25395.95.
"Board" means the State Water Resources Control Board.
(a) "Bona fide purchaser" means a person, or a tenant of
a person, who acquires ownership of a site on or after January 1,
2005, and who establishes all of the following by a preponderance of
the evidence:
(1) All releases of the hazardous materials at issue at the site occurred before the person acquired the site, except as described in paragraph (2).
(2) All of the conditions of Section 25395.80 to qualify as a bona fide purchaser have been met.
(3) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release or threatened release at the site through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instrument by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was potentially liable for the release or threatened release of hazardous materials at the site.
(b) For purposes of this section, "release" does not include passive migration.
(1) All releases of the hazardous materials at issue at the site occurred before the person acquired the site, except as described in paragraph (2).
(2) All of the conditions of Section 25395.80 to qualify as a bona fide purchaser have been met.
(3) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release or threatened release at the site through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instrument by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was potentially liable for the release or threatened release of hazardous materials at the site.
(b) For purposes of this section, "release" does not include passive migration.
(a) "Contiguous property owner" means a person who owns a
site that is adjacent to or otherwise similarly situated with
respect to another site that is, or may be, contaminated by a release
or threatened release of a hazardous material and that is not owned
by that person, and who demonstrates, by a preponderance of the
evidence, all of the following:
(1) The person did not cause, contribute, or consent to the release or threatened release.
(2) At the time the person acquired the property, the person made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(3) All of the conditions of Section 25395.80 to qualify as a contiguous property owner have been met.
(4) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release at issue through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instruments by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was potentially liable for the hazardous materials.
(b) For purposes of this section, "release" does not include passive migration.
(1) The person did not cause, contribute, or consent to the release or threatened release.
(2) At the time the person acquired the property, the person made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(3) All of the conditions of Section 25395.80 to qualify as a contiguous property owner have been met.
(4) The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release at issue through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless the contractual, corporate, or financial relationship is created by the instruments by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was potentially liable for the hazardous materials.
(b) For purposes of this section, "release" does not include passive migration.
"Department" means the Department of Toxic Substances
Control.
"Endangerment" means a condition that poses an actual and
unreasonable risk to human health and safety arising from actual or
threatened exposure to hazardous materials.
"Fair market value" means the price a seller is willing
to accept and a buyer willing to pay on the open market and in an arm'
s length transaction.
"Hazardous material" has the same meaning as defined in
subdivision (d) of Section 25260.
(a) "Innocent landowner" means a person who owns a site,
did not cause or contribute to a release or threatened release at the
site, meets the conditions to qualify as an "innocent landowner"
specified in Section 25395.80, and is any one of the following:
(1) A person who, at the time the person acquired the property, made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(2) A government entity that acquired property by escheat, or through any another involuntary transfer acquisition, or through the exercise of eminent domain authority by purchase or condemnation, or by means of a lien arising from delinquent taxes, assessments, or charges.
(3) A person who acquired the property by inheritance or bequest.
(4) A person who qualifies for the defense from liability under Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)).
(b) For purposes of this section, "release" does not include passive migration.
(1) A person who, at the time the person acquired the property, made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(2) A government entity that acquired property by escheat, or through any another involuntary transfer acquisition, or through the exercise of eminent domain authority by purchase or condemnation, or by means of a lien arising from delinquent taxes, assessments, or charges.
(3) A person who acquired the property by inheritance or bequest.
(4) A person who qualifies for the defense from liability under Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)).
(b) For purposes of this section, "release" does not include passive migration.
"Land use control" means a recorded instrument executed
pursuant to Section 1471 of the Civil Code that restricts or imposes
obligations on the present or future uses or activities on a site,
including, but not limited to, recorded easements, covenants,
restrictions or servitudes, or any combination thereof.
"Passive migration" means the leaking, leaching or
movement of a hazardous material into or through the environment, for
which no human activity by the bona fide purchaser, innocent
landowner, or contiguous property owner preceded the initial entry of
that substance into the environment.
"Regional board" means a California regional water
quality control board.
"Release" has the same meaning as defined in Section
25320.
"Response plan" means a written plan submitted to an
agency pursuant to Section 25395.96.
(a) "Site" means real property located in an urban
infill area for which the expansion, redevelopment, or reuse may be
complicated by the presence or perceived presence of hazardous
materials.
(b) "Site" does not include any of the following:
(1) A facility that is listed or proposed for listing on the National Priorities List established under Section 105 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sec. 9605).
(2) A site on the list maintained by the department pursuant to Section 25356.
(3) A site that is solely impacted by a petroleum release from an underground storage tank eligible for reimbursement from the California Underground Storage Tank Cleanup Fund.
(c) For purposes of this section, the following definitions shall apply:
(1) "Infill area" means a vacant or underutilized lot of land within an urban area that has been previously developed or that is surrounded by parcels that are or have been previously developed.
(2) "Urban area" means either of the following:
(A) An incorporated city.
(B) An unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:
(i) The population of the unincorporated area and the population of the surrounding incorporated cities is equal to a population of 100,000 or more.
(ii) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities.
(b) "Site" does not include any of the following:
(1) A facility that is listed or proposed for listing on the National Priorities List established under Section 105 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sec. 9605).
(2) A site on the list maintained by the department pursuant to Section 25356.
(3) A site that is solely impacted by a petroleum release from an underground storage tank eligible for reimbursement from the California Underground Storage Tank Cleanup Fund.
(c) For purposes of this section, the following definitions shall apply:
(1) "Infill area" means a vacant or underutilized lot of land within an urban area that has been previously developed or that is surrounded by parcels that are or have been previously developed.
(2) "Urban area" means either of the following:
(A) An incorporated city.
(B) An unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:
(i) The population of the unincorporated area and the population of the surrounding incorporated cities is equal to a population of 100,000 or more.
(ii) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities.
