Section 25395.92 Of Article 6. Streamlined Site Investigation And Response Plan Agreements From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 6.
25395.92
. (a) A bona fide purchaser, innocent landowner, or
contiguous property owner who seeks to qualify for the immunity
provided by this chapter shall enter into an agreement with an agency
pursuant to this article that includes the performance of a site
assessment, and, if the agency determines that a response plan is
necessary pursuant to Section 25395.96, the preparation and
implementation of a response plan.
(b) Before finalizing the agreement, the requested agency shall
notify other appropriate agencies, including the host jurisdiction.
(c) A person who enters into an agreement with an agency pursuant
to this section shall submit sufficient information to the agency for
the agency to determine whether the site is an eligible site,
whether the person meets the conditions to qualify as a bona fide
purchaser, innocent landowner, or contiguous property owner pursuant
to this chapter, and to prepare an agreement pursuant to this
section.
(d) (1) A person who enters into an agreement pursuant to this
section shall agree to take all actions required for a response
action pursuant to Chapter 6.8 (commencing with Section 25300) and
Division 7 (commencing with Section 13000) of the Water Code. These
actions may include actions necessary to prevent an unreasonable risk
before the approval of a response plan.
(2) In determining whether there is unreasonable risk at a site
for purposes of this subdivision, the agency shall take into account
the intended use of the property, in accordance with any changed use
of the property, as specified in subdivision (d) of Section 25395.96.