25403.1
. (a) (1) (A) A local agency may, in accordance with this
chapter, take any action that the local agency determines is
necessary and that is consistent with other state and federal laws to
investigate or clean up a release on, under, or from blighted
property that the local agency has found to be within a blighted area
within the local agency's boundaries due to the presence of
hazardous materials following a Phase I or Phase II environmental
assessment pursuant to subdivision (f), whether the local agency owns
that property or not. When taking action pursuant to this chapter,
if the local agency does not own property that is the subject of the
investigation and cleanup activities, the local agency has the right
to enter that property, if, upon providing notice to the owner of
that property in accordance with subparagraph (A) of paragraph (2) of
subdivision (b), the owner of the property does not respond to the
notice or the local agency reasonably deems the response inadequate.
(B) The local agency shall contact the department or the
appropriate regional board prior to issuing a notice pursuant to
paragraph (2) of subdivision (b) in connection with a property on the
National Priority List or a property or release subject to any of
the following:
(i) Chapter 6.5 (commencing with Section 25100).
(ii) A Cease and Desist Order issued under Section 13301 of the
Water Code.
(iii) A Cleanup and Abatement Order issued under Section 13304 of
the Water Code.
(iv) An existing voluntary cleanup agreement between the regional
board or the department and a responsible party that requires a
cleanup by a specified date.
(v) An order issued by a regional board pursuant to Section 13267
of the Water Code, or an agreement entered into by the department
pursuant to Section 25187, 25355.5, or 25358.3, for the investigation
or cleanup at a site.
(vi) A remedial action order, an imminent or substantial
endangerment order or agreement, a prospective purchase agreement, or
an order on consent issued pursuant to Section 25355.5, 25356.1.3,
or 25358.3, as applicable.
(vii) An expedited remediation order issued pursuant to the former
Chapter 6.86 (commencing with Section 25396), as that chapter read
on January 1, 2012.
(viii) An agreement entered into pursuant to the California Land
Reuse and Revitalization Act (Chapter 6.82 (commencing with Section
25395.60)), as specified in Section 25395.92.
(ix) An agreement for the environmental oversight of schools
entered into pursuant to Section 17213.1 of the Education Code and in
accordance with Sections 17201 and 17210.1 of the Education Code.
(C) (i) If the department or the regional board objects within 30
days to the local agency issuing the notice, the local agency and the
department or regional board shall promptly meet and confer to
resolve the department's or regional board's concerns. If the local
agency and the department or the regional board cannot reach a
mutually acceptable resolution on sites identified in clause (iv) of
subparagraph (B) of paragraph (1), the matter shall be submitted to
the site designation committee created pursuant to Section 25261.
(ii) Notwithstanding subdivision (a) of Section 25261, the
designee of the department or the regional board on the site
designation committee shall not participate in the review of a
dispute involving the department or a regional board, respectively.
The decision of the site designation committee shall resolve the
matter impartially, by majority vote, and within 45 days of the date
on which the matter is presented. Either party to the dispute may
present the matter to the site designation committee, and each party
shall be given a reasonable opportunity to be heard.
(2) A local agency shall, before taking action to clean up the
release, do all of the following:
(A) If the investigation has not been completed or additional
investigation is necessary, have an investigation plan prepared by an
independent qualified contractor.
(B) Submit an investigation plan and cost recovery agreement to
the regional board or the department for review and approval.
(C) After completion of the investigation plan, have a cleanup
plan prepared by an independent qualified contractor.
(D) Submit a cleanup plan and existing applicable documents
required pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) to the regional board or to the department for approval.
(E) Comply with the public participation requirements specified in
Section 25403.7.
(3) The regional board or the department shall act on the
investigation plan within 30 days of receipt of the investigation
plan.
(4) The regional board or the department shall respond to the
local agency's request for approval of a cleanup plan within 60 days
of the receipt of the plan.
(5) Within 60 days after approval of the cleanup plan, pursuant to
applicable statutes and regulations, the director or the regional
board, as appropriate, shall acknowledge, in writing, that upon
proper completion of the cleanup in accordance with the cleanup plan,
the immunity provided by Section 25403.2 shall apply.
(6) The local agency shall notify the department and local health
and building departments and the regional board of any cleanup
activity pursuant to this section at least 30 days before the
commencement of the activity.
(7) If an action taken by a local agency or a responsible party to
clean up a release of a hazardous material does not meet, or is not
consistent with, a cleanup plan approved by the regional board or the
department, the department or the regional board that approved the
cleanup plan may require the responsible party or local agency to
take, or cause the taking of, additional action to clean up the
release, as provided by applicable law.
(8) If an administering agency for the site has been designated
pursuant to Section 25262, the department or the regional board may
impose any requirements for additional action pursuant to paragraph
(7) only as provided in Sections 26263 and 25265.
(9) If methane or landfill gas is present, the local agency shall
obtain written approval from the Department of Resources Recycling
and Recovery prior to taking action authorized under this
subdivision.
(b) Except as provided in subdivision (c), a local agency may take
the actions specified in subdivision (a) only under one of the
following conditions:
(1) There is no responsible party for the release identified by
the local agency.
(2) Both of the following apply:
(A) A party determined by the local agency to be a responsible
party for the release has been notified by the local agency, or has
received adequate notice from the department, a regional board, the
California Environmental Protection Agency, or other governmental
agency with relevant authority, and has been given 60 days to respond
and to propose an investigation plan and schedule if in the opinion
of the responsible party's qualified independent contractor there is
not enough site-specific data to prepare a cleanup plan, and 60 days
to propose a cleanup plan and schedule following completion of the
investigation plan in accordance with the investigation plan schedule
approved by the local agency.
(B) The responsible party specified in subparagraph (A) has not
agreed within an additional 60 days to implement an investigation
plan and schedule to investigate or clean up the release that meets
both of the following requirements:
(i) The investigation plan and schedule and the cleanup plan and
schedule are acceptable to the local agency.
(ii) The local agency makes a finding that the investigation plan
and schedule and the cleanup plan and schedule are consistent with
the intended development schedule and use of the property.
(3) (A) The party determined by the local agency to be the
responsible party for the hazardous material release entered into an
agreement with the local agency to prepare an investigation plan or
cleanup plan for approval by the department, the regional board, or
the appropriate local agency, and to implement the investigation plan
or cleanup plan in accordance with an agreed schedule, but failed to
do any of the following:
(i) Prepare the investigation plan or cleanup plan.
(ii) Implement the investigation plan or cleanup plan in
accordance with the agreed schedule.
(iii) Otherwise failed to carry out the investigation in an
appropriate and timely manner.
(B) An action taken by the local agency pursuant to this paragraph
shall be consistent with any agreement between the local agency and
the responsible party and with the requirements of the state agency
or the designated agency that approved or will approve the cleanup
plan and is overseeing or will oversee the preparation and
implementation of the cleanup plan.
(c) The responsible party specified in subparagraph (A) of
paragraph (2) of subdivision (b) may appeal a 60-day notice issued
pursuant to this section to the local agency's governing body by
filing a written request to appeal the notice with the clerk of the
local agency within 30 days of receipt of the notice. Filing an
appeal to the local agency's governing body tolls the 60-day notice
period until the appeal is heard and decided by the local agency's
governing body. Any challenge to the decision reached by the local
agency's governing body shall be presented only as part of a cost
recovery or injunctive proceeding initiated by the local agency under
Section 25403.5. The local agency's decision shall be upheld if
supported by substantial evidence presented in the action commenced
under Section 25403.5, and shall not be invalidated on the grounds
that the local agency failed to include all responsible parties in a
60-day notice issued pursuant to this section. A claim of failure to
include all responsible parties in a 60-day notice issued pursuant to
this section shall not be a defense to the liability provided for in
Section 25403.5.
(d) Subdivision (b) does not apply to either of the following:
(1) A local agency taking actions to conduct a Phase I or Phase II
environmental assessment in accordance with standard real estate
practices.
(2) A local agency taking the actions specified in subdivision (a)
if the local agency determines that conditions require immediate
action due to an imminent threat to human health or the environment.
(e) (1) A local agency may designate another agency, in lieu of
the department or the regional board, to review and approve a cleanup
plan and to oversee the cleanup of hazardous materials from a
specific hazardous material release site if the agency is designated
as the administering agency under Section 25262. In that event, the
designated agency shall conduct the oversight of the cleanup in
accordance with Chapter 6.65 (commencing with Section 25260), and all
provisions of that chapter shall apply to the cleanup.
(2) A local agency may designate another agency to review and
approve a cleanup plan for a site and oversee the cleanup at the site
if all of the following conditions exist:
(A) The designated agency is certified as a CUPA.
(B) The site is an underground storage tank site subject to
Chapter 6.7 (commencing with Section 25280).
(C) The designated agency is certified pursuant to Section
25297.01 and the state board has entered into an agreement with the
designated agency pursuant to Section 25297.1.
(D) The designated agency determines that the site is within the
guidelines and protocols established in, and pursuant to, the
agreement specified in subparagraph (C).
(E) The designated agency consents to the designation.
(3) Within 60 days after approving a cleanup plan pursuant to
paragraph (1) or (2), the designated agency shall issue a notice
that, upon proper completion of the cleanup plan, the immunity
specified in Section 25403.2 shall apply. If the designated agency
was formed by the local agency, the cleanup plan shall also be
subject to the approval of the department or regional board.
(4) (A) An agency may not consent to the designation pursuant to
paragraph (1) or (2) unless the designated agency determines that it
has adequate staff resources and the requisite technical expertise
and capabilities available to adequately supervise the cleanup.
(B) If an agency has been designated pursuant to paragraph (2),
the department or a regional board may require the designated agency
to withdraw from the designation or stop taking action pursuant to
that designation, after providing the designated agency with adequate
notice, if both of the following conditions are met:
(i) The department or a regional board determines that the agency'
s designation was not consistent with paragraph (2), or makes one of
the findings specified in subdivision (d) of Section 101480.
(ii) The department or a regional board determines that it has
adequate staff resources and capabilities available to adequately
supervise the cleanup, and assumes that responsibility.
(C) This paragraph does not prevent a regional board from taking
an action pursuant to Division 7 (commencing with Section 13000) of
the Water Code.
(5) If an agency has been designated pursuant to paragraph (1) or
(2), the designated agency may, after providing the local agency with
adequate notice, withdraw from its designation or stop taking action
pursuant to that designation after making one of the findings
specified in subdivision (d) of Section 101480.
(f) (1) To facilitate remedial planning, the local agency may
require the owner or operator of a site within the local agency's
jurisdictional boundaries to provide the local agency with all
existing environmental information pertaining to the site, including
the results of any phase I or subsequent environmental assessment,
any assessment conducted pursuant to an order from, or agreement
with, any federal, state, or local agency, and any other
environmental assessment information, except that which is determined
to be privileged.
(2) A person requested to furnish the information pursuant to
paragraph (1) shall be required only to furnish that information that
may be within that person's possession or control, including actual
knowledge of information within the possession or control of any
other party. If environmental assessment information is not
available, the local agency may require the owner of the property to
conduct, and to pay the expenses of conducting, an assessment in
accordance with standard real estate practices for conducting phase I
or phase II environmental assessments. If the local agency conducts
the phase I or phase II environmental assessment because the owner or
operator failed to provide this information, the local agency shall
have a right of entry, upon reasonable notice, to enter the property
and conduct the phase I or phase II environmental assessment. The
local agency may recover the costs of the phase I or phase II
environmental assessment in accordance with Section 25403.5.