California

Health and Safety Code - HSC

17,661 sections, each with the official text and a plain-English explanation of what it means for you.

• § 25285 — (a) Except as provided in Section 25285.
• § 25285.1 — (a) A local agency may revoke or modify a permit issued pursuant to Section 25284 for cause, including, but not limited to, any of the following: (1) Violation of any of the terms or conditions of the
• § 25286 — (a) An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made, by the owner or operator of the tank, or, if there is a CUPA, by the owner or opera
• § 25287 — (a) Except as provided in subdivision (c), a fee shall be paid to the local agency by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a
• § 25288 — (a) The local agency shall inspect every underground tank system within its jurisdiction at least once every year.
• § 25289 — (a) To carry out the purposes of this chapter or Chapter 6.
• § 25290 — (a) “Trade secrets,” as used in this chapter, includes, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information
• § 25290.1 — (a) Notwithstanding subdivision (o) of Section 25281, for purposes of this section, “product tight” means impervious to the liquid and vapor of the substance that is contained, or is to be contained,
• § 25290.1.1 — (a) (1) On the effective date of the act adding this section and for 179 days thereafter, a local agency shall only issue a notice to comply pursuant to this section to an owner or operator of an unde
• § 25290.1.2 — (a) The board and the State Air Resources Board, under the direction of the California Environmental Protection Agency, shall certify to the best of their knowledge, that the equipment that meets the
• § 25290.2 — (a) Notwithstanding subdivision (o) of Section 25281, for purposes of this section, “product tight” means impervious to the liquid and vapor of the substance that is contained, or is to be contained,
• § 25291 — Every underground storage tank installed after January 1, 1984, shall meet all of the following requirements: (a) The underground storage tank shall be designed and constructed to provide primary and
• § 25292 — For every underground storage tank installed on or before January 1, 1984, and used for the storage of hazardous substances, the following actions shall be taken: (a) On or before July 1, 1985, the ow
• § 25292.05 — (a) On or before December 31, 2025, the owner or operator of an underground storage tank shall permanently close that underground storage tank in accordance with Section 25298 and the regulations adop
• § 25292.1 — All underground tank systems shall meet the following operational requirements: (a) The underground tank system shall be operated to prevent unauthorized releases, including spills and overfills, duri
• § 25292.2 — (a) All owners and operators of an underground tank system shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and pro
• § 25292.3 — (a) Upon the discovery of a significant violation of any requirement in this chapter, or any regulation adopted pursuant to this chapter, that poses an imminent threat to human health or safety or the
• § 25292.4 — (a) On and after November 1, 2000, an owner or operator of an underground storage tank system with a single-walled component that is located within 1,000 feet of a public drinking water well, as ident
• § 25292.5 — (a) On or before January 1, 2005, the owner or operator of an underground storage tank system that is located within 1,000 feet of a public drinking water well, as identified pursuant to the state GIS
• § 25293 — The owner or operator of the underground tank system shall monitor the tank system using the method specified on the permit for the tank system.
• § 25294 — Any unauthorized release from the primary containment which the operator is able to clean up within eight hours after the release was detected or should reasonably have been detected, and which does n
• § 25295 — (a) (1) An unauthorized release that escapes from the secondary containment, or from the primary containment, if no secondary containment exists, increases the hazard of fire or explosion, or causes d
• § 25295.5 — (a) For purposes of this chapter, an unauthorized release includes, but is not limited to, a spill or overfill of a hazardous substance that meets both of the following conditions: (1) The spill or ov
• § 25296 — (a) If there has been any unauthorized release, as defined in Section 25294 or subdivision (a) of Section 25295, from an underground storage tank containing motor vehicle fuel not under pressure, the
• § 25296.09 — (a) (1) If the board enters into an agreement with a local agency and the Santa Clara Valley Water District pursuant to subdivision (j) of Section 25297.
• § 25296.10 — (a) Each owner, operator, or other responsible party shall take corrective action in response to an unauthorized release in compliance with this chapter and the regulations adopted pursuant to Section
• § 25296.15 — (a) No closure letter shall be issued pursuant to this chapter unless all of the following conditions are met: (1) The soil or groundwater, or both, where applicable, at the site have been tested for
• § 25296.20 — (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 dete
• § 25296.25 — (a) (1) Unless the board, in consultation with local agencies and the regional board, determines that a site is an emergency site, the board, at the request of a responsible party who is eligible for
• § 25296.30 — (a) The board, in consultation with the State Department of Health Services, shall develop guidelines for the investigation and cleanup of methyl tertiary-butyl ether (MTBE) and other ether-based oxyg
• § 25296.35 — (a) The board shall develop, implement, and maintain a system for storing and retrieving data from cases involving discharges of petroleum from underground storage tanks to allow regulatory agencies a
• § 25296.40 — (a) (1) Any owner or operator, or other responsible party who has an underground storage tank case and who believes that the corrective action plan for the site has been satisfactorily implemented, bu
• § 25297 — The local agency may request the following agencies to utilize that agency’s authority to remedy the effects of, and remove, any hazardous substance which has been released from an underground storage
• § 25297.01 — (a) In addition to the authority granted to the board pursuant to Division 7 (commencing with Section 13000) of the Water Code and to the department pursuant to Part 2 (commencing with Section 78000)
• § 25297.1 — (a) (1) For purposes of implementing, pursuant to Section 25297.
• § 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 re
• § 25297.2 — Any local agency which performs, or causes to be performed, any cleanup, abatement, or other action necessary to remedy the effects of a release of hazardous substances from an underground storage tan
• § 25297.3 — (a) The Leaking Underground Storage Tank Cost Recovery Fund is hereby created in the General Fund and the money in the fund may be expended, upon appropriation by the Legislature, for the purposes spe
• § 25298 — (a) No person shall abandon an underground tank system or close or temporarily cease operating an underground tank system, except as provided in this section.
• § 25298.5 — The analysis of any material that is required to demonstrate compliance with this chapter or Chapter 6.
• § 25299 — (a) An operator of an underground tank system is liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) for each underground storage tank,
• § 25299.01 — (a) If a person has engaged in, is engaged in, or is about to engage in any acts or practices that violate this chapter, or Chapter 6.
• § 25299.02 — Every civil action brought under this chapter shall be brought by the city attorney, the county counsel, the district attorney, or the Attorney General in the name of the people of the State of Califo
• § 25299.03 — Any civil action brought pursuant to this chapter shall be brought in the county in which the violation occurred, the county in which the principal office of the defendant is located, or the county in
• § 25299.04 — In any civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any st
• § 25299.05 — Notwithstanding Sections 25299.
• § 25299.1 — (a) Any city or county which prior to January 1, 1984, adopted an ordinance which, at a minimum, met the requirements set forth in Sections 25284 and 25284.
• § 25299.10 — (a) This chapter shall be known, and may be cited, as the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989.
• § 25299.100 — For purposes of this chapter, the following definitions apply: (a) “Board” means the State Water Resources Control Board.
• § 25299.101 — (a) The board shall conduct a loan program pursuant to this chapter, to assist small businesses in upgrading, replacing, or removing project tanks to comply with Chapter 6.
• § 25299.102 — The board shall make loan funds available only to loan applicants that meet all of the following eligibility requirements: (a) The loan applicant is a small business, either as defined in Section 632
• § 25299.103 — A complete loan application shall include all of the following: (a) Evidence that the applicant is a small business, as described in subdivision (a) of Section 25299.
• § 25299.104 — (a) The minimum amount that the board may loan an applicant is ten thousand dollars ($10,000), and the maximum amount that the board may loan an applicant is seven hundred fifty thousand dollars ($750
• § 25299.105 — (a) The board shall make grant funds available from the Petroleum Underground Storage Tank Financing Account to eligible grant applicants who meet all of the following eligibility requirements: (1) Th
• § 25299.106 — A complete grant application shall include all of the following information: (a) Evidence that the grant applicant is a small business, as described in subdivision (a) of Section 25299.
• § 25299.107 — (a) Except as provided in subdivision (e), the minimum amount that the board may grant an applicant is three thousand dollars ($3,000), and the maximum amount that the board may grant an applicant is
• § 25299.108 — The board shall adopt regulations necessary to implement and make specific this chapter as emergency regulations in accordance with Chapter 3.
• § 25299.109 — (a) The Petroleum Underground Storage Tank Financing Account is hereby created in the State Treasury.
• § 25299.11 — Unless the context indicates otherwise, the definitions in this article govern the construction of this chapter.
• § 25299.11.5 — “Adjudicative proceeding” has the same meaning as defined in Section 11405.
• § 25299.110 — To defray the costs of the board in administering the loan program created pursuant to this chapter, the board may do all of the following: (a) Impose reasonable charges on all applications and impose
• § 25299.111 — If this chapter is repealed pursuant to Section 25299.
• § 25299.112 — (a) To carry out the purposes of this chapter, an authorized representative of the local agency or board shall have the authority specified in Section 25185, with respect to any place where project ta
• § 25299.113 — (a) A person who makes a misrepresentation in a document relating to a grant or loan issued under this chapter, including, but not limited to, a record, report, certification, application, invoice, fo
• § 25299.113.1 — (a) A person who knowingly makes or causes to be made a false statement, material misrepresentation, or false certification in support of a grant or loan under this chapter, including, but not limited
• § 25299.113.2 — An action by the executive director of the board to impose civil liability under this chapter is subject to review by the board in the same manner as provided for the review by the board of actions of
• § 25299.114 — All persons serving in an exempt position engaged in the performance of a function described in former Chapter 8.
• § 25299.115 — The repeal of former Chapter 8.
• § 25299.116 — A recipient of a grant that was awarded pursuant to former Chapter 8.
• § 25299.117 — (a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2036, and as of that date is repealed.
• § 25299.12 — “Bodily injury” has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code and the regulations adopted pursuant thereto.
• § 25299.13 — “Claim” means a submittal to the fund for the reimbursement of costs incurred due to an occurrence.
• § 25299.14 — “Corrective action” includes, but is not limited to, evaluation and investigation of an unauthorized release, initial corrective actions measures, as specified in the federal act, and any actions nece
• § 25299.15 — “Environmental impairment liability insurance” means liability insurance against liability for bodily injury, as defined in Section 25299.
• § 25299.16 — “Federal act” means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (P.
• § 25299.17 — “Fund” means the Underground Storage Tank Cleanup Fund created pursuant to Section 25299.
• § 25299.18 — “MTBE” means methyl tertiary-butyl ether.
• § 25299.19 — “Occurrence” means an accident, including continuous or repeated exposure to conditions, which results in an unauthorized release of petroleum from an underground storage tank.
• § 25299.2 — (a) Except as provided in subdivision (a) of Section 25299.
• § 25299.20 — “Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank containing petroleum.
• § 25299.200 — For purposes of this chapter, the following definitions apply: (a) “Account” means the Petroleum Underground Storage Tank Financing Account.
• § 25299.201 — (a) The board shall conduct a grant program pursuant to this chapter, to assist small businesses in meeting the requirements of subdivisions (e) and (j) of Section 25290.
• § 25299.202 — (a) The board shall make grant funds available from the Petroleum Underground Storage Tank Financing Account to eligible grant applicants that meet the following conditions: (1) The grant applicant is
• § 25299.203 — (a) The board may issue a grant pursuant to this chapter before the installation of the tank, or within 12 months after the tank has been installed and placed in use.
• § 25299.204 — (a) A grant recipient may use grant funds to finance or reimburse up to 100 percent of the costs necessary to comply with subdivision (j) of Section 25290.
• § 25299.205 — (a) (1) The Petroleum Underground Storage Tank Financing Account is hereby created in the State Treasury.
• § 25299.206 — (a) The board shall transfer the sum of three million five hundred thousand dollars ($3,500,000) for the 2004–05 fiscal year, from the Underground Storage Tank Cleanup Fund to the account.
• § 25299.21 — “Owner” means the owner of an underground storage tank containing petroleum.
• § 25299.22 — “Petroleum” means crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and 14.
• § 25299.23 — “Property damage” has the same meaning as used in Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code and the regulations adopted pursuant thereto.
• § 25299.23.1 — (a) “Site” means the parcel of real property at which an underground storage tank is located.
• § 25299.24 — “Tank,” “underground storage tank,” “underground tank system,” and “tank system” have the same meaning as defined in Chapter 6.
• § 25299.25 — For purposes of this chapter, “board,” “regional board,” “local agency,” “person,” “unauthorized release,” and “facility” shall have the same meanings as defined in Section 25281.
• § 25299.3 — (a) The board shall adopt regulations implementing this chapter.
• § 25299.30 — Every owner and operator shall comply with Section 25299.
• § 25299.31 — (a) Every owner and operator shall establish and maintain evidence of financial responsibility, as provided in this article, for taking corrective action and compensating third parties for bodily inju
• § 25299.32 — (a) Except as provided in subdivision (f), a claimant who meets any of the following requirements may use the fund to establish and maintain evidence of financial responsibility: (1) A claimant who me
• § 25299.33 — (a) An owner and operator subject to Section 25299.
• § 25299.34 — (a) The total liability of any guarantor under this chapter is limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator pursuan
• § 25299.36 — The board, a regional board, or a local agency may undertake or contract for corrective action in response to an unauthorized release from an underground storage tank that is subject to this chapter,
• § 25299.38 — (a) The local agency, the board, or the regional board shall advise and work with the owner, operator, or other responsible party on the opportunity to seek preapproval of corrective action costs purs
• § 25299.39.2 — (a) (1) The manager responsible for the fund shall notify tank owners or operators who have an active letter of commitment that has been in an active status for five years or more and shall review the
• § 25299.39.3 — The board, a regional board, or local agency shall be permitted reasonable access to property owned or possessed by an owner, operator, or responsible party as necessary to perform corrective action p
• § 25299.4 — (a) (1) Any local agency may apply to the board for authority to implement design and construction standards for the containment of a hazardous substance in underground storage tanks which are in addi
• § 25299.40 — The Legislature hereby declares that the storage fees imposed by this article do not constitute a tax and are not collected for purposes of increasing state revenues pursuant to Section 3 of Article X
• § 25299.41 — For the purpose of implementing this chapter, every owner of an underground storage tank for which a permit is required pursuant to Section 25284 shall pay a storage fee of six mills ($0.
• § 25299.42 — (a) The State Board of Equalization may adopt regulations to carry out Section 25299.
• § 25299.43 — (a) To implement the changes to this chapter made by Chapter 1191 of the Statutes of 1994, and consistent with Section 25299.
• § 25299.5 — (a) This chapter shall be construed to assure consistency with the requirements for state programs implementing the federal act.
• § 25299.50 — (a) The Underground Storage Tank Cleanup Fund is hereby created in the State Treasury.
• § 25299.50.2 — (a) The Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund is hereby established in the State Treasury.
• § 25299.50.3 — (a) For purposes of this section, “school district” has the same meaning as set forth in Section 80 of the Education Code, and includes a county office of education.
• § 25299.50.5 — Upon the repeal of Section 25299.
• § 25299.50.6 — (a) The Site Cleanup Subaccount is hereby established in the State Treasury.
• § 25299.50.7 — (a) The Expedited Claim Account is hereby created in the fund for expenditure by the board to pay claims that have been selected to participate in the pilot project established by this section.
• § 25299.51 — The board may expend the moneys in the fund for all of the following purposes: (a) In addition to the purposes specified in subdivisions (c), (d), and (e), for the costs of implementing this chapter a
• § 25299.51.2 — (a) On or before December 31, 2019, and at least once every five years thereafter, the board shall commission an independent program audit and a fiscal audit of the fund by an independent auditor.
• § 25299.51.3 — (a) The board shall conduct a study to determine the cost-effectiveness and the feasability of issuing bonds to satisfy the obligations against the fund existing on the effective date of this section.
• § 25299.51.4 — (a) On or before June 1, 2016, the board shall conduct an analysis of whether the ranking criteria for the payment of claims pursuant to Sections 25299.
• § 25299.52 — (a) The board shall adopt a priority ranking list at least annually for awarding claims pursuant to Section 25299.
• § 25299.53 — (a) A regional board or a local agency taking, or contracting for, corrective action pursuant to subdivision (f) of Section 25296.
• § 25299.54 — (a) Except as provided in subdivisions (b), (c), (d), (e), (g), and (h), an owner or operator, required to perform corrective action pursuant to Section 25296.
• § 25299.55 — The board shall prescribe appropriate forms and procedures for claims filed pursuant to Section 25299.
• § 25299.56 — (a) The board shall determine an applicant’s eligibility for a claim for corrective action costs or third-party compensation costs pursuant to Section 25299.
• § 25299.57 — (a) (1) If the board makes the determination specified in subdivision (d) for a claim filed on or before December 31, 2014, the board may only pay for the costs of a corrective action that exceed the
• § 25299.58 — (a) Except as provided in subdivision (d), if the board makes the determination specified in subdivision (b), the board may reimburse only those costs that are related to the compensation of third par
• § 25299.59 — (a) If the board has paid out of the fund for any costs of corrective action, the board shall not pay any other claim out of the fund for the same costs.
• § 25299.6 — An owner or operator who is required to prepare an accident or spill prevention plan or response plan pursuant to this chapter or pursuant to an underground storage tank ordinance adopted by a city or
• § 25299.60 — (a) The board shall not pay any claims against or presented to the fund pursuant to this article if the claim exceeds the total money in the fund at any one time.
• § 25299.61 — The board shall not pay any claims against or presented to the fund pursuant to this article if the claims are in connection with an unauthorized release of petroleum into the environment from an unde
• § 25299.62 — If funding is available, all reimbursement requests that are approved shall be forwarded to the Controller within 10 days from the date of approval, for payment by the Controller.
• § 25299.63 — This article does not require any person to pursue a claim against the board pursuant to this article before seeking any other remedy.
• § 25299.64 — (a) For purposes of this article, the following definitions shall apply: (1) “Baseline concentration” means the initial concentration of a constituent of concern prior to conducting corrective action
• § 25299.65 — (a) The claimant shall submit multiple bids for a performance-based contract in accordance with paragraph (1) of subdivision (g) of Section 25299.
• § 25299.66 — This article does not limit or abridge the powers and duties granted to the board, the regional board, or local agency pursuant to any other provision of law.
• § 25299.7 — (a) The board is designated as the lead agency in the state for all purposes stated in the federal act and may exercise any powers which a state may exercise pursuant to the federal act.
• § 25299.70 — (a) The board may recover any costs incurred and payable from the fund pursuant to subdivisions (c), (e), (h), and (n) of Section 25299.
• § 25299.71 — (a) (1) Except as provided in subdivisions (b) and (c), if a person is convicted under Section 25299.
• § 25299.72 — Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures of the type recoverable pursuant to this article.
• § 25299.73 — The standard of liability for any costs of corrective action recoverable pursuant to this chapter is strict liability.
• § 25299.74 — (a) No indemnification, hold harmless, conveyance, or similar agreement shall be effective to preclude any liability for costs recoverable under this article.
• § 25299.75 — (a) Except as provided in Sections 25299.
• § 25299.76 — (a) Any person who violates any requirement of Article 3 (commencing with Section 25299.
• § 25299.77 — (a) The board shall adopt regulations to implement this chapter.
• § 25299.78 — (a) To carry out the purposes of this chapter, any authorized representative of the local agency, regional board, or board shall have the authority specified in Section 25185, with respect to any plac
• § 25299.79 — The costs specified in subdivision (d) of Section 25299.
• § 25299.8 — The repeal and addition of Section 25292.
• § 25299.80 — (a) A person who makes a misrepresentation in any claim, including, but not limited to, a record, report, certification, application, invoice, form, or other document that is submitted to the fund rel
• § 25299.80.5 — (a) A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in support of any claim under this chapter, including, but not limited to,
• § 25299.80.6 — An action by the executive director to impose civil liability under this chapter is subject to review by the board in the same manner as provided for the review by the State Water Resources Control Bo
• § 25299.81 — (a) Except as provided in subdivisions (b) and (c), this chapter shall remain in effect only until January 1, 2036.
• § 25299.82 — To ensure that the phase out of the fund, as provided in Section 25299.
• § 25299.90 — The Legislature hereby finds and declares all of the following: (a) Commingled plumes of petroleum contaminated groundwater involve serious water quality impacts.
• § 25299.91 — As used in this article, the following terms have the following meaning: (a) “Commingled plume” means the condition that exists when groundwater contaminated with petroleum from two or more discrete u
• § 25299.92 — A sum not to exceed ten million dollars ($10,000,000) from Item 3940-001-0439 of Section 2.
• § 25299.93 — (a) A joint claim may be submitted for reimbursement of corrective action costs for a commingled plume if all of the following conditions are met: (1) Each person named in the joint claim is an owner,
• § 25299.94 — (a) (1) The board may pay the cost of corrective actions and third-party compensation claims that are submitted as part of a joint claim filed on or before December 31, 2014, and that exceed the amoun
• § 25299.95 — (a) An owner or operator named in a joint claim filed under this article may not file or maintain a claim under Article 6 (commencing with Section 25299.
• § 25299.96 — The priority for payment of a joint claim submitted under this article shall be based on the date on which the board receives a complete application.
• § 25299.97 — (a) For the purposes of this article, the following definitions shall apply: (1) “Public drinking water well” means a wellhead that provides drinking water to a public water system, as that term is de
• § 25395.100 — To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.
• § 25395.101 — (a) Except as expressly provided in this article, this article does not affect the authority of an agency to issue an order or take any other action under any provision of law to protect public health
• § 25395.102 — (a) Except as otherwise provided in this article, the definitions in Article 2 (commencing with Section 25395.
• § 25395.103 — (a) A bona fide ground tenant who seeks to qualify for the immunity pursuant to Section 25395.
• § 25395.104 — (a) Except as otherwise provided in this section, a bona fide ground tenant shall qualify for the following immunities: (1) The bona fide ground tenant shall not be liable under any applicable statute
• § 25395.105 — (a) Notwithstanding subdivision (b) of Section 25395.
• § 25395.106 — (a) This article does not provide immunity from any of the following: (1) Liability for bodily injury or wrongful death.
• § 25395.109 — This chapter shall remain in effect only until January 1, 2037, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2037, deletes or extends that date.
• § 25395.110 — (a) A person who, before January 1, 2037, qualifies for immunity pursuant to Chapter 6.
• § 25395.115 — The definitions set forth in this section govern the interpretation of this article.
• § 25395.116 — (a) To facilitate the decision of a bona fide purchaser to apply for a bona fide purchaser agreement, the bona fide purchaser may first enter into a consultative services agreement with the department
• § 25395.117 — (a) On or before January 1, 2006, the agency and the California Environmental Protection Agency shall implement the requirements imposed by this section.
• § 25395.118 — The department may expend any grant received pursuant to Section 128 of the Small Business Liability Relief and Brownfield Revitalization Act (42 U.
• § 25395.119 — (a) Using existing resources or when funds become available, the Secretary for Environmental Protection shall designate a brownfields ombudsperson whose responsibilities shall include, but are not lim
• § 25395.60 — The Legislature finds and declares all of the following: (a) There are thousands of properties in the state where redevelopment has been hindered due to real or perceived hazardous materials contamina
• § 25395.61 — It is the intent of the Legislature, in enacting this chapter, to do all of the following: (a) Establish the cleanup and reuse of these sites in a manner protective of public health and safety and the
• § 25395.62 — This chapter shall be known, and may be cited, as the “California Land Reuse and Revitalization Act of 2004.
• § 25395.63 — The definitions set forth in this article and in Article 6 (commencing with Section 25395.
• § 25395.64 — “Agency” means the department, the board, or a regional board.
• § 25395.65 — “All appropriate inquiries” has the following meanings: (a) Except as provided in subdivision (c), until the date when the standards and practices established by the Administrator of the United States
• § 25395.66 — “Applicable law” means all of the provisions of the following state statutory and common laws that impose liability on an owner or occupant of property for pollution conditions caused by a release or
• § 25395.67 — “Appropriate care” means either of the following: (a) The performance of a response action, with respect to hazardous materials found at a site, for which the agency makes the determination specified
• § 25395.68 — “Board” means the State Water Resources Control Board.
• § 25395.69 — (a) “Bona fide purchaser” means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005, and who establishes all of the following by a preponderance of the evid
• § 25395.70 — (a) “Contiguous property owner” means a person who owns a site that is adjacent to or otherwise similarly situated with respect to another site that is, or may be, contaminated by a release or threate
• § 25395.71 — “Department” means the Department of Toxic Substances Control.
• § 25395.72 — “Endangerment” means a condition that poses an actual and unreasonable risk to human health and safety arising from actual or threatened exposure to hazardous materials.
• § 25395.73 — “Fair market value” means the price a seller is willing to accept and a buyer willing to pay on the open market and in an arm’s length transaction.
• § 25395.74 — “Hazardous material” has the same meaning as defined in subdivision (d) of Section 25260.
• § 25395.75 — (a) “Innocent landowner” means a person who owns a site, did not cause or contribute to a release or threatened release at the site, meets the conditions to qualify as an “innocent landowner” specifie
• § 25395.76 — “Land use control” means a recorded instrument executed pursuant to Section 1471 of the Civil Code that restricts or imposes obligations on the present or future uses or activities on a site, includin
• § 25395.77 — “Passive migration” means the leaking, leaching or movement of a hazardous material into or through the environment, for which no human activity by the bona fide purchaser, innocent landowner, or cont
• § 25395.78 — “Regional board” means a California regional water quality control board.
• § 25395.79 — “Release” has the same meaning as defined in subdivision (a) of Section 78105.
• § 25395.79.1 — “Response plan” means a written plan submitted to an agency pursuant to Section 25395.
• § 25395.79.2 — (a) “Site” means real property located in an urban infill area for which the expansion, redevelopment, or reuse may be complicated by the presence or perceived presence of hazardous materials.
• § 25395.80 — For purposes of this chapter, to qualify as a bona fide purchaser, innocent landowner, or contiguous property owner a person shall establish, by a preponderance of the evidence, all of the following c
• § 25395.81 — (a) Except as provided in Section 25395.
• § 25395.82 — (a) Notwithstanding Sections 25395.
• § 25395.83 — (a) If there are unrecovered costs incurred by an agency at a site for which an owner of the site is not liable as an innocent landowner, bona fide purchaser, or contiguous property owner, an agency s