25404.1
. (a) (1) All aspects of the unified program related to the
adoption and interpretation of statewide standards and requirements
shall be the responsibility of the state agency which is charged with
that responsibility under existing law. For underground storage
tanks, that agency shall be the State Water Resources Control Board.
The California regional water quality control boards shall have
responsibility for the issuance of variances pursuant to subdivision
(b) of Section 25299.4. The Department of Toxic Substances Control
shall have the sole responsibility for the issuances of variances
from the requirements of Chapter 6.5 (commencing with Section 25100)
and the regulations adopted pursuant thereto, for the determination
of whether or not a waste is hazardous or nonhazardous, for the
determination of whether or not a person is eligible to be deemed to
be operating pursuant to a permit-by-rule, conditional authorization,
or conditional exemption pursuant to Chapter 6.5 (commencing with
Section 25100) or the regulations adopted by the department, and for
the suspension and revocation of permits-by-rule, conditional
authorizations, and conditional exemptions.
(2) Except as provided in paragraphs (1) and (3), those aspects of
the unified program related to the application of statewide
standards to particular facilities, including the issuance of unified
program facility permits, the review of reports and plans,
environmental assessment, compliance and correction, and the
enforcement of those standards and requirements against particular
facilities, shall be the responsibility of the unified program
agencies.
(3) (A) Except in those jurisdictions for which the UPA has been
determined by the department, in accordance with regulations adopted
pursuant to subparagraph (C), to be qualified to implement the
environmental assessment and removal and remediation corrective
action aspects of the unified program, the department shall have sole
responsibility and authority under the unified program for all of
the following:
(i) Implementing and enforcing the requirements of paragraph (3)
of subdivision (c) of Section 25200.3 and Sections 25200.10 and
25200.14, and the regulations adopted by the department to implement
those sections. As a pilot program in up to 10 counties, pending the
adoption and implementation of regulations pursuant to subparagraph
(C), the department may delegate to the CUPA, through a delegation
agreement, responsibility and authority for implementing and
enforcing the requirements of Section 25200.14.
(ii) The issuance of orders under Section 25187 requiring removal
or remedial action.
(iii) The issuance of orders under Section 25187.1.
(B) Notwithstanding subparagraph (A), a UPA may issue an order
under Section 25187 specifying a schedule for compliance or
correction and imposing an administrative penalty for any violation
of the requirements of Chapter 6.5 (commencing with Section 25100)
listed in paragraph (1) of subdivision (c) of Section 25404, or the
requirements of any permit, rule, regulation, standard or requirement
issued or adopted pursuant to the requirements of Chapter 6.5
(commencing with Section 25100) listed in paragraph (1) of
subdivision (c) of Section 25404, if one of the following applies:
(i) The order does not require removal or remedial action.
(ii) The only removal or remedial actions required by the order
are those actions determined to be necessary to address an imminent
and substantial endangerment based upon a finding by the UPA pursuant
to subdivision (f) of Section 25187.
(C) The department shall adopt emergency regulations specifying
the criteria and procedures for implementing paragraph (3) of
subdivision (c) of Section 25200.3 and Sections 25200.10 and
25200.14, including criteria and procedures for determining whether
or not a unified program agency is qualified to implement the
environmental assessment and removal and remediation corrective
action portions of the unified program under paragraph (3) of
subdivision (c) of Section 25200.3 and Sections 25187, 25187.1,
25200.10, and 25200.14. The criteria for determining whether a
unified program agency is qualified shall, at a minimum, include
consideration of the following factors:
(i) Adequacy of the technical expertise possessed by the unified
program agency.
(ii) Adequacy of staff resources.
(iii) Adequacy of budget resources and funding mechanisms.
(iv) Training requirements.
(v) Past performance in implementing and enforcing requirements
related to environmental assessments, and removal and remediation
corrective actions.
(vi) Recordkeeping and accounting systems.
(D) The regulations adopted by the department pursuant to
subparagraph (C) shall include provisions to ensure coordinated and
consistent application of paragraph (3) of subdivision (c) of Section
25200.3 and Sections 25187, 25187.1, 25200.10, and 25200.14, when
both the department and the unified program agency are, or will be,
implementing and enforcing the requirements of one or more of these
sections at the same facility.
(E) For purposes of subparagraph (D), "facility" means the entire
site that is under the control of the owner or operator.
(F) If the department is designated as a unified program agency,
the department is deemed qualified to implement all of the following:
(i) The environmental assessment, removal and remedial action, and
corrective action aspects of the unified program.
(ii) Paragraph (3) of subdivision (c) of Section 25300.3, Sections
25200.10, 25200.14, 25187, and 25287.1, and the regulations adopted
by the department to implement those provisions.
(b) (1) On or before January 1, 1996, each county shall apply to
the secretary to be certified as a unified program agency to
implement the unified program within the unincorporated area of the
county and within each city in the county, in which area or city, as
of January 1, 1996, the city or other local agency has not applied to
be the certified unified program agency.
(2) (A) Any city or other local agency which, as of December 31,
1995, has been designated as an administering agency pursuant to
Section 25502, or which has assumed responsibility for the
implementation of Chapter 6.7 (commencing with Section 25280)
pursuant to Section 25283, may apply to the secretary to become the
certified unified program agency to implement the unified program
within the jurisdictional boundaries of the city or local agency.
(B) A city or other local agency which, as of December 31, 1995,
has not been designated as an administering agency pursuant to
Section 25502, or which has not assumed responsibility for the
implementation of Chapter 6.7 (commencing with Section 25280)
pursuant to Section 25283, may apply to the secretary to become the
certified unified program agency within the jurisdictional boundaries
of the city or local agency if it enters into an agreement with the
county to become the certified unified program agency within those
boundaries. A county shall not refuse to enter into an agreement
unless it specifies in writing its reasons for failing to enter into
the agreement. However, if the city does not enter into the agreement
with the county, within 30 days of receiving a county's reasons for
failing to enter into agreement, a city may request that the
secretary allow it to apply to be a certified unified program agency
and the secretary may, in his or her discretion, approve the request.
(3) A city, county, or other local agency may propose, in its
application for certification to the secretary, to allow other public
agencies to implement certain elements of the unified program, but
the secretary shall accept that proposal only if the secretary makes
the findings specified in subdivision (d) of Section 25404.3.
(4) If a city or other local agency which, as of December 31,
1995, has been designated as an administering agency pursuant to
Section 25502, or has assumed responsibility for the implementation
of Chapter 6.7 (commencing with Section 25280) pursuant to Section
25283, requests that the county propose in its application for
certification to the secretary that the city or local agency
implement, within the jurisdictional boundaries of the city or local
agency, those elements of the unified program which, as of December
31, 1995, the city or local agency has authority to administer, the
county shall grant that request. If such an agency is subsequently
removed or withdraws from the unified program, the agency shall not
act as an administering agency under Section 25502 or act as a local
agency pursuant to Chapter 6.7 (commencing with Section 25280),
except as provided in subdivision (c) of Section 25283.