Chapter 6.65Unified Agency Review of Hazardous Materials Release Sites
Section § 25260
This section provides definitions for terms used in regulating hazardous material incidents. It defines various key concepts including 'administering agency', 'advisory team', and 'hazardous material,' which refers to substances that may pose a risk to health or the environment. The 'hazardous materials release site' is any area threatened by such materials, and 'remedial action' includes cleanup and measures to prevent future harm. The 'responsible party' is defined as someone accountable for investigating and fixing these sites. 'Site investigation' involves understanding the extent of contamination and planning a response.
Section § 25261
This section establishes the Site Designation Committee within the California Environmental Protection Agency. The committee consists of six members, including leaders from various environmental and natural resources agencies in California, like the Secretary for Environmental Protection and the Director of Fish and Game. Their main job is to perform duties outlined in other specific legal sections, ensuring they act promptly. Decisions by the committee need approval from at least four members, and they can choose their chairperson. Members can also send representatives from their agency to attend meetings on their behalf.
Section § 25262
If there's a hazardous materials release site, the person responsible can ask a committee to assign an agency to manage the investigation and cleanup. This request must be fulfilled in 45 days unless certain conditions apply, like no suitable agency exists or existing actions would be overturned.
When making a request, the responsible party needs to describe the site, the nature of the release, and suggest an appropriate agency. The committee considers factors like the type of release and the threat level to decide which agency is best suited.
The Department of Toxic Substances Control, California regional water quality control board, Department of Fish and Wildlife, or a local agency could be assigned, depending on the situation. However, the responsible party can only make this request once, and the committee's decision is final.
Section § 25263
This law outlines a process where any agency can request an advisory team to guide the management of a hazardous materials release site. If an agency other than the main one managing the site wants help, they must submit a written request detailing their concerns, relevant laws, and how the main agency's management raised issues. The advisory team is to be set up within 30 days of the request and must meet within five working days when asked.
The advisory team aids by clarifying issues, determining relevant laws, and advising on proper law application. Agencies involved get back oversight costs if certain conditions apply, like the issue being directly related to their statutory responsibilities and recognized risks to health or the environment. The managing agency also has the right to recover oversight costs.
Section § 25264
This law is about managing and cleaning up sites with hazardous materials. It says one main agency will be in charge of supervising these cleanups, making sure everything follows the rules and approving necessary permits.
Once a hazardous site is cleaned up, this main agency can issue a certificate to confirm the cleanup was completed properly. However, if later tests show problems, such as failing to meet cleanup standards or if the site's restrictions are broken, more cleanup may be required. Reasons for more action can include new findings of hazardous material, not maintaining the site properly, or finding out the initial information was flawed.
If another agency has concerns about the cleanup, they must inform the main agency, which has 45 days to look into it and decide if anything else needs to be done. If the main agency doesn't act correctly, an appeal can be made to a special committee, whose decision is final.
Section § 25265
This law lets an agency ask for a review if there's a problem with how another agency is handling hazardous material cleanup. They can question if laws and rules are being properly followed during investigations or when issuing completion certificates. If such a petition is filed, the committee has 30 days to decide if the complaint is valid. If valid, they may take the responsibility away from the current agency and give it to another. They could also list specific actions needed before a cleanup is declared complete. This section doesn't change any responsibilities for laws not being disputed here.
Section § 25266
This law states that if an organization or individual responsible for managing a site with hazardous materials wants to end the oversight law's application, they must first get approval from the relevant agency. Once approved, this agency informs all other related committees and agencies about the decision. After termination, the responsible party cannot choose another agency to oversee the site cleanup or investigation process.
Section § 25267
If during cleanup efforts at a hazardous materials site it's found that the initial information about the site was wrong or incomplete, the supervising agency can ask for a review. The original choice of which agency should oversee the cleanup could be changed if new information suggests it's better for a different agency to take over, based on certain guidelines and the public interest.
Section § 25268
This section ensures that agencies can still access the information they need from the agency managing a site so they can do their jobs, even if this chapter has other guidelines. It highlights specific responsibilities under other sections that should not be hindered.