Section 25395.95 Of Article 6. Streamlined Site Investigation And Response Plan Agreements From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 6.
25395.95
. (a) After implementation of the site assessment plan, the
person shall submit to the agency a report of the findings made
pursuant to the plan. Based upon a review of this information, the
agency shall determine whether a response action is necessary to
address any unreasonable risk from hazardous materials at the site.
(b) If the agency determines that there is no unreasonable risk at
the site and that there are no hazardous materials at the site at
levels that are not suitable for unrestricted use of the site, the
agency shall make a finding that no further action is necessary at
the site.
(c) If the agency determines that there are hazardous materials at
the site at levels that are not suitable for unrestricted use, but
that are suitable for the reasonably anticipated foreseeable use of
the site based on current and projected land use and zoning
designations, the agency shall find that no further action is
necessary at the site except that a land use control that imposes
appropriate restrictions pursuant to Section 25395.99 shall be
executed and recorded and the public comment and participation
requirements of Section 25395.96 shall be met before the execution
and recording of any land use control. On or before 15 days after the
date when the land use control is recorded pursuant to Section
25395.99, the agency shall state in writing that this act constitutes
"appropriate care" for the purposes of Section 25395.67.