Section 17210 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 1. >> Article 1.
17210
. As used in this article, the following terms have the
following meanings:
(a) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(b) "Environmental assessor" means an environmental professional
as defined in Section 312.10 of Title 40 of the Code of Federal
Regulations.
(c) "Handle" has the meaning the term is given in Article 1
(commencing with Section 25500) of Chapter 6.95 of Division 20 of the
Health and Safety Code.
(d) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(e) "Hazardous material" has the meaning the term is given in
subdivision (d) of Section 25260 of the Health and Safety Code.
(f) "Operation and maintenance," "removal action work plan,"
"respond," "response," "response action," and "site" have the
meanings those terms are given in Article 2 (commencing with Section
25310) of the state act.
(g) "Phase I environmental assessment" means a preliminary
assessment of a property to determine whether there has been or may
have been a release of a hazardous material, or whether a naturally
occurring hazardous material is present, based on reasonably
available information about the property and the area in its
vicinity. A phase I environmental assessment shall meet the most
current requirements adopted by the American Society for Testing and
Materials (ASTM) for Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process or meet
the requirements of Part 312 (commencing with Section 312.1) of Title
40 of the Code of Federal Regulations. That ASTM Standard Practice
for Environmental Site Assessments or the requirements of Part 312
(commencing with Section 312.1) of Title 40 of the Code of Federal
Regulations shall satisfy the requirements of this article for
conducting a phase I environmental assessment unless and until the
Department of Toxic Substances Control adopts final regulations that
establish guidelines for a phase I environmental assessment for
purposes of schoolsites that impose different requirements.
(h) "Preliminary endangerment assessment" means an activity that
is performed to determine whether current or past hazardous material
management practices or waste management practices have resulted in a
release or threatened release of hazardous materials, or whether
naturally occurring hazardous materials are present, which pose a
threat to children's health, children's learning abilities, public
health or the environment. A preliminary endangerment assessment
requires sampling and analysis of a site, a preliminary determination
of the type and extent of hazardous material contamination of the
site, and a preliminary evaluation of the risks that the hazardous
material contamination of a site may pose to children's health,
public health, or the environment, and shall be conducted in a manner
that complies with the guidelines published by the Department of
Toxic Substances Control entitled "Preliminary Endangerment
Assessment: Guidance Manual," including any amendments that are
determined by the Department of Toxic Substances Control to be
appropriate to address issues that are unique to schoolsites.
(i) "Proposed schoolsite" means real property acquired or to be
acquired or proposed for use as a schoolsite, prior to its occupancy
as a school.
(j) "Regulated substance" means any material defined in
subdivision (g) of Section 25532 of the Health and Safety Code.
(k) "Release" has the same meaning the term is given in Article 2
(commencing with Section 25310) of Chapter 6.8 of Division 20 of the
Health and Safety Code, and includes a release described in
subdivision (d) of Section 25321 of the Health and Safety Code.
(l) "Remedial action plan" means a plan approved by the Department
of Toxic Substances Control pursuant to Section 25356.1 of the
Health and Safety Code.
(m) "State act" means the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section 25300) of
Division 20 of the Health and Safety Code).