Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2012
 

Hazardous Waste Fee Health and Safety Code

CHAPTER 6.5 HAZARDOUS WASTE CONTROL

Article 9. Permitting of Facilities

Section 25200.14

25200.14. Phase I environmental assessment. (a) Except as provided in paragraph (2) and in subdivision (h), in implementing the requirements of Section 25200.10 for facilities operating pursuant to a permit-by-rule or generators operating pursuant to a grant of conditional authorization under Section 25200.3, the department or the unified program agency authorized to implement this section pursuant to Section 25404.1 shall require the owner or operator of the facility or generator operating pursuant to a grant of conditional authorization under Section 25200.3, to complete and file a phase I environmental assessment with the department or the authorized unified program agency no later than one year after the date of the adoption of the checklist specified in subdivision (e), but no later than January 1, 1997, or one year after the facility or generator becomes authorized to operate pursuant to a permit-by-rule or grant of conditional authorization, whichever date is later. After submitting a phase I environmental assessment, the owner or operator of the facility or generator subject to this section shall subsequently submit to the department or the authorized unified program agency, during the next regular reporting period, if any, updated information obtained by the owner, operator, or generator concerning releases subsequent to the submission of the phase I environmental assessment.

(2) Paragraph (1) does not apply to a facility which is conducting a site assessment, or has conducted a site assessment, of its entire facility, in accordance with an a order issued by a California regional water quality control board or any other state or federal environmental enforcement agency.

(b) For purposes of this section, a phase I environmental assessment means a preliminary site assessment based on reasonably available knowledge of the facility, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence. An assessment which would otherwise meet the requirements of this section which is prepared for another purpose and was completed no more than three years prior to the date by which the generator is required to submit a phase I environmental assessment may be used to comply with the requirements of this section, if the assessment is supplemented by any relevant updated information reasonably available to the owner, operator, or generator.

(c) The department or the unified program agency authorized to implement this section pursuant to Section 25404.1 shall not require sampling or testing as part of the phase I environmental assessment. A phase I environmental assessment shall be certified by the owner, operator, or their designee, certified professional engineer, geologist, or registered environmental assessor. The phase I environmental assessment shall indicate whether the preparer believes that further investigation, including sampling and analysis, is necessary to determine whether a release has occurred, or to determine the extent of a release from a solid waste management unit or hazardous waste management unit.

(d) (1) If the results of the phase I environmental assessment conducted pursuant to subdivision (a) indicate that further investigation is needed in order to determine the existence or extent of a release from a solid waste management unit or hazardous waste management unit, the facility shall submit a schedule, within 90 days of submission of the phase I environmental assessment, for that further investigation to the department or to the unified program agency authorized to implement this section pursuant to Section 25404.1. If the department or the authorized unified program agency determines, based upon a review of the phase I environmental assessment or other site-specific information in its possession, that further investigation is needed to determine the existence or extent of a release from a solid waste management unit or hazardous waste management unit, in addition to any further action proposed by the owner or operator of the facility, or determines that a different schedule is necessary to prevent harm to human health and safety or to the environment, the department or the authorized unified program agency shall inform the owner or operator of the facility of this determination and shall set a reasonable time period in which to accomplish that further investigation.

(2) In determining if a schedule is acceptable for investigation or remediation of any facility operating pursuant to a permit-by-rule or a generator operating pursuant to a grant of conditional authorization, the department may require more expeditious action if the department determines that hazardous constituents are mobile and are likely moving toward, or have entered, a source of drinking water, as defined by the State Water Resources Control Board, or determines that more expeditious action is otherwise necessary to protect public health, safety, or the environment. To the extent that the department determines that the hazardous constituents are relatively immobile, or that more expeditious action is otherwise not necessary to protect public health, safety, or the environment, the department may allow a longer schedule to allow the facility or generator to accumulate a remediation fund, or other financial assurance mechanism, prior to taking corrective action.

(3) If a facility is conducting further investigation in order to determine the nature or extent of a release pursuant to, and in compliance with the provisions of, an order issued by a California regional water quality control board or other state or federal environmental enforcement agency, the department or the authorized unified program agency shall deem that investigation adequate for the purposes of determining the nature and extent of the release or releases which that order addressed, as the investigation pertains to the jurisdiction of the ordering agency.

(e) The department shall develop a checklist to be used by facilities in conducting a phase I environmental assessment. The development and publication of the checklist is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall hold at least one public workshop concerning the development of the checklist. The checklist shall not exceed the phase I requirements adopted by the American Society for Testing and Materials (ASTM) for due diligence for commercial real estate transactions. The department shall deem compliance with these ASTM standards, or compliance with the checklist developed and published by the department, as meeting the phase I environmental assessment requirements of this section.

(f) A facility, or to the extent required by the regulations adopted by the department, a transportable treatment unit, operating pursuant to a permit-by-rule shall additionally comply with the remaining corrective action requirements, as specified in Section 67450.7 of Title 22 of the California Code of Regulations, as in effect on January 1, 1992.

(g) A generator operating pursuant to a grant of conditional authorization pursuant to Section 25200.3 shall additionally comply with the requirement of paragraph (3) of subdivision (c) of Section 25200.3.

(h) The department or the authorized unified program agency shall not require a phase I environmental assessment pursuant to this section for those portions of a facility subject to a corrective action order issued pursuant to Section 25187, a cleanup and abatement order issued pursuant to Section 13304 of the Water Code, or a corrective action required under subsection (u) of Section 6294 of Title 42 of the United States Code or subsection (h) of Section 6928 of Title 42 of the United States Code.