§ 25246.1. — 25246.1. (Amended by Stats. 2022, Ch. 258, Sec. 66.)

California § 25246.1.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 20.: DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
• Ch. 6.5.: CHAPTER 6.5. Hazardous Waste Control
• Art. 12.: ARTICLE 12. Financial Responsibility and Closure and Maintenance of Facilities

Text

(a)
(1)
The department shall request, and an owner or operator of a facility shall submit to the department for review and approval, a written cost estimate for corrective action if all of the following are met:
(A)
The department has identified a release or releases of a hazardous waste or hazardous waste constituent into the environment from the facility.
(B)
The source of the release or releases of a hazardous waste or hazardous waste constituent is a hazardous waste facility, hazardous waste management unit, or an activity regulated by the department under this chapter.
(C)
The department determines that
corrective action is necessary at the facility, either during the active life of the facility or pursuant to an order or agreement for corrective action.
(2)
The written cost estimate for corrective action required by paragraph (1) shall be based on available data, the history of releases, and facility activities.
(b)
(1)
Other than for an obligation for corrective action described in subdivision (a), the department shall request, and an owner or operator of a facility or a respondent or proponent required to conduct corrective action at a facility from which releases that necessitate corrective action have occurred shall submit to the department for review and approval, a written cost estimate to cover activities associated with necessary corrective action if the department determines that corrective action is necessary at any site undergoing a response
action, as defined in Part 2 (commencing with Section 78000) of Division 45, overseen by the department pursuant to its authority in any of the following circumstances:
(A)
The department has issued an order, entered into an agreement, or otherwise initiated action with respect to a release at the site, as defined in Part 2 (commencing with Section 78000) of Division 45, pursuant to Article 1 (commencing with Section 78650) of Chapter 4 of, or Article 10 (commencing with Section 79130) of Chapter 5 of, Part 2 of Division 45 or Section 78870, 79005, 79055, 79060, or 79065.
(B)
The source of the release or releases, as defined in Part 2 (commencing with Section 78000) of Division
45, is a hazardous waste facility, hazardous waste management unit, or an activity regulated by the department under this chapter.
(C)
The department is conducting, or has conducted, oversight of the site investigation and response action at the site at the request of the responsible party, as defined in Part 2 (commencing with Section 78000) of Division 45.
(2)
The written cost estimate required pursuant to paragraph (1) shall be based on available data, the history of releases, and activities at the site, as defined in Part 2 (commencing with Section 78000) of Division 45.
(c)
An owner or operator may satisfy the requirements of this section by demonstrating to the department that it has provided financial assurance for corrective action to the State Water Resources Control
Board or a California regional water quality control board for the same release identified by the department.
(d)
For facilities for which sole jurisdiction has been granted pursuant to subdivision (b) of Section 25204.6, the department shall not require additional financial assurances unless it is the lead agency or is directed by the lead agency that has sole jurisdiction pursuant to subdivision (b) of Section 25204.6. This section does not alter the State Water Resources Control Board’s rules and regulations regarding financial assurances.

Legislative History

Amended by Stats. 2022, Ch. 258, Sec. 66. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.