Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

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) For purposes of this section, "phase I enviromental 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.

(b)(1) Except as provided in paragraph (2) and in subdivision deletion(i), in implementing the requirements of Section 25200.10 for facilities operating pursuant to a permit-by-rule under the regulations adopted by the department regarding transportable treatment units and fixed treatment units, which are contained in Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title 22 of the California Code of Regulations,or for 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 the generator deletion to complete and file a phase I environmental assessment with the department or the authorized unified program agency deletionnot later than one year deletionfrom the date of deletion adoption of the checklist specified in subdivision deletion(f), but deletionnot later than January 1, 1997, or one year deletionfrom the date that the facility or generator becomes authorized to operatedeletion, whichever date is later. After submitting a phase I environmental assessment, the owner or operator of the facility or the generator deletion 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 facility ownerdeletion or operatordeletion or the generator concerning releases subsequent to the submission of the phase I environmental assessment.

(2) Paragraph (1) does not apply to a facility owner or operator deletionthat is conducting, or has conducted, a site assessment of the entire facility or to a generator that is conducting, or has conducted, a site assessmentdeletion of deletionthe entire facility of the generatordeletion in accordance with deletionan order issued by a California regional water quality control board or any other state or federal environmental enforcement agency.

deletion

(c) An assessment that would otherwise meet the requirements of this section that is prepared for another purpose and was completed not more than three years prior to the date by which the facility owner or operator or the generator is required to submit a phase I environmental assessment may be used to comply with this section if the assessment is supplemented by any relevant updated information reasonably available to the facility owner or operator or to the generator.

deletion(d) 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 facility ownerdeletion or operator or by the generator, or by their designee, or by a certified professional engineer, or a geologist, or deletionan 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.

deletion(e) (1) If the results of the phase I environmental assessment conducted pursuant to subdivision deletion(b) indicate that further investigation is needed deletion to determine the existence or extent of a release from a solid waste management unit or hazardous waste management unit, the facility owner or operator or the generator shall submit a schedule, within 90 days from the date 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 facility owner or operator or the generatordeletion, 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 facility owner or operator or the generatordeletion of deletionthat 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 or generator subject to this sectiondeletion, 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 deletionhuman health or safetydeletion 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 ordeletion safetydeletion 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 owner or operator or the generator is conducting further investigation deletion to determine the nature or extent of a release pursuant to, and in compliance with deletion, 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 deletion that the order addressed, as the investigation pertains to the jurisdiction of the ordering agency.

deletion(f) The department shall develop a checklist to be used by facilities owners or operators and generators 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 deletionthose ASTM standards, or compliance with the checklist developed and published by the department, as meeting the phase I environmental assessment requirements of this section.

deletion(g) 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 requirementsdeletion in specified Section 67450.7 of Title 22 of the California Code of Regulations,deletion in effect on January 1, 1992.

deletion(h) A generator operating pursuant to a grant of conditional authorization pursuant to Section 25200.3 shall additionally comply withdeletion paragraph (3) of subdivision (c) of Section 25200.3.

deletion(i) The department or the authorized unified program agency shall not require a phase I environmental assessmentdeletion 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 deletion6924 of Title 42 of the United States Code or subsection (h) of Section 6928 of Title 42 of the United States Code.