§ 78675. — 78675. (Added by Stats. 2022, Ch. 257, Sec. 2.)

California § 78675.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 45.: DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE
• Part 2.: PART 2. HAZARDOUS SUBSTANCE ACCOUNT
• Ch. 4.: CHAPTER 4. Releases of Hazardous Substances
• Art. 2.: ARTICLE 2. Reporting Requirement

Text

(a)
A person shall not release, or allow or cause a release of, a reportable quantity of a hazardous substance into the environment that is not authorized or permitted pursuant to state law.
(b)
Any release of a reportable quantity of hazardous substance shall be reported to the department in writing within 30 days of discovery, unless any of the following apply:
(1)
The release is permitted or in the permit process.
(2)
The release is authorized by state law.
(3)
The release requires immediate reporting to the Office of Emergency Services
pursuant to Section 11002 or 11004 of Title 42 of the United States Code, or pursuant to Section 25510.
(4)
The release has previously been reported to the department or the Office of Emergency Services.
(5)
The release occurred prior to January 1, 1994.
(c)
For the purposes of this article, “reportable quantity” means either of the following:
(1)
The quantity of a hazardous substance established in Part 302 (commencing with Section 302.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations, the release of which requires notification pursuant to that part.
(2)
Any quantity of a hazardous substance that is not reportable pursuant to paragraph (1), but that may pose a
significant threat to public health and safety or to the environment. The department may establish guidelines for determining which releases are reportable under this paragraph.

Legislative History

Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.