Section 25403.7 Of Chapter 6.10. Hazardous Material Release Cleanup From California Health And Safety Code >> Division 20. >> Chapter 6.10.
25403.7
. A local agency shall comply with all the following
requirements with regard to providing public participation when
taking action pursuant to this chapter:
(a) The local agency shall provide an opportunity, when preparing
the cleanup plan, for the public and for other public agencies to
participate in decisions regarding the cleanup plan, taking into
consideration the nature of the community interest.
(b) Thirty days before submitting the cleanup plan for approval,
the local agency shall take all of the following actions:
(1) Notify all other appropriate public agencies, including, but
not limited to, the department or the regional board, if not required
to approve the plan, regarding the proposed cleanup plan.
(2) Place a notice in a newspaper of general circulation in the
area of the property, including, but not limited to, a
community-based newspaper, as appropriate.
(3) Post notice of the proposed cleanup plan on the property.
(c) All of the following methods for public participation shall be
used to notify the public of the proposed cleanup plan:
(1) Thirty days' prior public notice in a factsheet format of the
proposed cleanup plan, in English and in any other language commonly
spoken in the area of the property.
(2) Access, at both the local agency and at local repositories, to
the proposed cleanup plan, property assessment, addenda, and any
other supporting documentation, including materials listed as
references in the cleanup plan and property assessment.
(3) Procedures for providing a reasonable opportunity to comment
on the plan and related documents specified in paragraph (2).
(d) If a public meeting is requested, the local agency shall hold
a public meeting in the area of the property to receive comments.
(e) The local agency shall consider any comments received before
submitting the proposed cleanup plan for approval.
(f) The local agency may also provide for, but is not limited to,
the use of other methods for public participation, including public
notices, direct notification of interested parties, distribution of
electronic copies of the cleanup plan, property assessment addenda,
and other supporting documentation, including materials listed as
references in the cleanup plan and property assessment, electronic
comment forms, and forming advisory groups, as appropriate, to
disseminate information and assist the local agency in gathering
public input, holding additional public meetings or public hearings,
and providing an opportunity to comment on the proposed cleanup plan
prior to approval.
(g) The local agency, as part of its communications with affected
communities, shall provide information regarding the process by which
decisions about the property are made and the recourse that is
available for those who may disagree with an agency decision.
(h) The local agency shall consider the issue of environmental
justice, as defined in subdivision (e) of Section 65040.12 of the
Government Code, for communities most impacted, including low-income
and racial minority populations, before submitting the cleanup plan
for approval.
(i) To the extent possible, the local agency shall coordinate its
public participation activities with those undertaken by other
jurisdictions and agencies associated with the property, to avoid
duplication.
(j) It is the intent of the Legislature that the public
participation process established pursuant to this section ensures
full and robust participation of a community affected by this
chapter.