State Water Resources Control Board

BILL NUMBER: AB 681 CHAPTERED

BILL TEXT

CHAPTER 255

FILED WITH SECRETARY OF STATE AUGUST 4, 1998

APPROVED BY GOVERNOR AUGUST 3, 1998

PASSED THE ASSEMBLY JULY 20, 1998

PASSED THE SENATE JULY 9, 1998

AMENDED IN SENATE JUNE 23, 1998

AMENDED IN SENATE JUNE 10, 1998

AMENDED IN ASSEMBLY JANUARY 15, 1998

AMENDED IN ASSEMBLY JANUARY 6, 1998

AMENDED IN ASSEMBLY MAY 23, 1997

AMENDED IN ASSEMBLY APRIL 16, 1997

INTRODUCED BY Assembly Member Machado

FEBRUARY 26, 1997

An act to add Sections 25297.15, 25299.37.2, and 25355.8 to the

Health and Safety Code, and to add Section 13307.1 to the Water Code,

relating to the environment.

LEGISLATIVE COUNSEL'S DIGEST

AB 681, Machado. Environmental remediation: closure.

(1) Existing law, the Carpenter-Presley-Tanner Hazardous Substance

Account Act, requires the Department of Toxic Substances Control or

a California regional water quality control board to prepare or

approve remedial action plans, which specify, among other things,

removal and remedial actions selected for the cleanup of all

hazardous substance release sites identified and categorized pursuant

to a specified procedure. The department and the State Water

Resources Control Board are required to concurrently establish

consistent policies and procedures to be used by each agency in

overseeing the investigation and taking of removal and remedial

actions at hazardous substance release sites, in the case of the

department, and in overseeing the investigation of, and cleaning up

or abating the effects of, discharges of a hazardous substance, in

the case of the state board.

Under existing law, the state board is authorized to develop and

implement a local oversight program for the abatement of, and

oversight of the abatement of, unauthorized releases of hazardous

substances from underground storage tanks by local agencies.

Existing law specifies procedures for the taking of corrective

action to unauthorized releases of petroleum from underground storage

tanks.

This bill would prohibit considering cleanup or site closure

proposals from the primary or active responsible party or discharger,

as the case may be, the issuance of a closure letter, or a

determination that no further action is required by a local agency

with respect to an unauthorized release of hazardous substances from

an underground storage tank, a local agency, a regional board, or the

state board with regard to an unauthorized release of petroleum from

an underground storage tank, or the state board or a regional board

with respect to a site subject to a cleanup or abatement order,

unless all current record owners of fee title to the site of the

proposed action have been notified of the proposed action by the

local agency, state board, or regional board, as the case may be.

The bill would require the above described entities to take all

reasonable steps necessary to accommodate responsible landowner

participation in the cleanup or site closure process and to consider

all input and recommendations from any responsible landowner wishing

to participate.

The bill would prohibit the department, upon receiving a specified

request, from overseeing the preparation of, or reviewing, a

preliminary endangerment assessment for property if action may be

necessary to address a release or threatened release of a hazardous

substance and from issuing a letter stating that no further action is

necessary with regard to property unless the person requesting

department action provides the department with specified information.

The bill would prescribe related matters.

Since the bill would require local agencies to take specified

actions with regard to unauthorized releases, the bill would impose a

state-mandated local program.

(2) The California Constitution requires the state to reimburse

local agencies and school districts for certain costs mandated by the

state. Statutory provisions establish procedures for making that

reimbursement.

This bill would provide that no reimbursement is required by this

act for a specified reason.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 25297.15 is added to the Health and Safety

Code, to read:

25297.15. (a) (1) The local agency shall not consider cleanup or

site closure proposals from the primary or active responsible party,

issue a closure letter, or make a determination that no further

action is required with respect to a site upon which there was an

unauthorized release of hazardous substances from an underground

storage tank subject to this chapter unless all current record owners

of fee title to the site of the proposed action have been notified

of the proposed action by the primary or active responsible party.

(2) Notwithstanding subdivision (g) of Section 25297.1, the local

agency shall also notify the primary or active responsible party of

their responsibility under this subdivision.

(3) The primary or active responsible party shall certify to the

local agency in writing that the notification requirement in this

subdivision has been met and provide a complete mailing list of all

record fee title owners to the local agency.

(b) The local agency shall take all reasonable steps necessary to

accommodate responsible landowner participation in the cleanup or

site closure process and shall consider all input and recommendations

from any responsible landowner wishing to participate.

SEC. 2. Section 25299.37.2 is added to the Health and Safety Code,

to read:

25299.37.2. (a) The local agency, the board, or a regional board

shall not consider corrective action or site closure proposals from

the primary or active responsible party, issue a closure letter, or

make a determination that no further corrective action is required

with respect to a site upon which there was an unauthorized release

of petroleum from an underground storage tank subject to this chapter

unless all current record owners of fee title to the site of the

proposed action have been notified of the proposed action by the

local agency, board, or regional board.

(b) The local agency, board, or regional board shall take all

reasonable steps necessary to accommodate responsible landowner

participation in the cleanup or site closure process and shall

consider all input and recommendations from any responsible landowner

wishing to participate.

SEC. 3. Section 25355.8 is added to the Health and Safety Code, to

read:

25355.8. (a) The department shall not agree to oversee the

preparation of, or to review, a preliminary endangerment assessment

for property if action is, or may be, necessary to address a release

or threatened release of a hazardous substance, and the department

shall not issue a letter stating that no further action is necessary

with regard to property, unless the person requesting the department

action does either of the following:

(1) Provides the department with all of the following:

(A) Proof of the identity of all current record owners of fee

title to the property and their mailing addresses.

(B) Written evidence that the owners of record have been sent a

notice that describes the actions completed or proposed by the

requesting person.

subparagraph (B), from the property owners or proof that the

requesting person has made reasonable efforts to deliver the notice

to the property owner and was unable to do so.

(2) Proof of the identity of all current record owners of fee

title to the property and proof that the requesting person has made

reasonable efforts to locate the property owners and was unable to do

so.

(b) The department shall take all reasonable steps necessary to

accommodate property owner participation in the site remediation

process and shall consider all input and recommendations received

from the owner of property which is the subject of the proposed

action.

the department to oversee the preparation of, or to review, a

preliminary endangerment assessment, or requests the department to

issue a letter stating that no further action is necessary with

regard to property. Nothing in this section imposes a condition

upon, limits, or impacts in any way, the department's authority to

compel any potentially responsible party to take any action in

response to a release or threatened release of a hazardous substance

or to recover costs incurred from any potentially responsible party.

SEC. 4. Section 13307.1 is added to the Water Code, to read:

13307.1. (a) The state board and the regional boards shall not

consider cleanup or site closure proposals from the primary or active

responsible discharger, issue a closure letter, or make a

determination that no further action is required with respect to a

site subject to a cleanup or abatement order pursuant to Section

13304, unless all current record owners of fee title to the site of

the proposed action have been notified of the proposed action by the

state board or regional board.

(b) The state board and regional boards shall take all reasonable

steps necessary to accommodate responsible landowner participation in

the cleanup or site closure process and shall consider all input and

recommendations from any responsible landowner wishing to

participate.

SEC. 5. No reimbursement is required by this act pursuant to

Section 6 of Article XIIIB of the California Constitution because a

local agency or school district has the authority to levy service

charges, fees, or assessments sufficient to pay for the program or

level of service mandated by this act, within the meaning of Section

17556 of the Government Code.

Notwithstanding Section 17580 of the Government Code, unless

otherwise specified, the provisions of this act shall become

operative on the same date that the act takes effect pursuant to the

California Constitution.

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