Section 25395.93 Of Article 6. Streamlined Site Investigation And Response Plan Agreements From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 6.
25395.93
. (a) A person may withdraw from an agreement entered into
pursuant to this article by providing a 30-day written notice to the
agency and doing both of the following:
(1) Reimbursing the agency for all costs incurred by the agency
pursuant to the agreement.
(2) Demonstrating to the satisfaction of the agency that
conditions at the site to which the agreement applies do not pose an
endangerment to public health and safety or the environment. If the
agency determines that conditions at the site pose an endangerment to
public health, safety, or the environment, this article does not
prevent the agency from exercising its authority to take appropriate
response actions or to cause the person or persons responsible for
the endangerment to take appropriate response actions.
(b) A person who enters into an agreement with an agency pursuant
to this article shall reimburse the agency for all agency costs,
including, but not limited to, costs incurred while reviewing a site
assessment plan or a response plan or overseeing the implementation
of a site assessment or response plan by the person pursuant to this
article, except that the department's costs shall be reimbursed
pursuant to Chapter 6.66 (commencing with Section 25269) and shall be
recoverable pursuant to Section 25360.
(c) The entry into an agreement pursuant to this article shall not
constitute an admission of fact or liability or conclusion of law
for any purpose or proceeding and a person who enters into an
agreement under this article shall not be deemed liable under any
other provision of law solely by reason of entering into that
agreement.
(d) If the conditions described in paragraph (1) of subdivision
(c) of Section 25395.81 or in subdivision (d) of Section 25395.81
occur, an agency may withdraw from an agreement entered into pursuant
to this chapter by providing a 30-day written notice to the other
party.