Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012

Other Code Provisions

Health and Safety Code


Chapter 6.5. Hazardous Waste Control

Article 11. Hazardous Waste Disposal Land Use

Section 25229

25229. Designation of land as hazardous waste property or border zone property. (a) If, after the hearing, the director makes the decision that the subject land should not be designated a hazardous waste property or border zone property, the director shall issue that decision in writing and serve it in the manner provided in subdivision (c).

(b) If, after the hearing, the director makes the decision, upon a preponderance of the evidence, including any evidence developed at any time prior to the hearing, that the land should be designated a hazardous waste property or a border zone property, the director shall issue that decision in writing, which shall identify the subject land, or portion thereof, by street address, assessor's parcel number, or legal description and the name of the owner of record, contain findings of fact based upon the issues presented, including the reasons for this designation, the substances on, under, or in the land, and the significant existing or potential hazards to present or future public health and safety, and order every owner of the designated land to take all of the following actions:

(1) Execute before a notary a written instrument which imposes an easement, covenant, restriction, or servitude, or any combination thereof, as appropriate, upon the present and future uses of the land pursuant to Section 25230. The written instrument shall also include a copy of the director's decision.

(2) Return the executed instrument to the director within 30 days after the decision is delivered or mailed. Within 10 days after receiving the instrument, the director shall execute the written instrument and return the instrument to the owner.

(3) Record the written instrument pursuant to Section 25230 within 10 days after receiving the written instrument executed by the director, as specified in paragraph (2).

(4) Return the recorded written instrument to the director within 10 days after the owner records the instrument, as specified in paragraph (3).

(c) Copies of the determination shall be delivered or sent by certified mail to the owner of the property, the legislative body of the city or county in whose jurisdiction the land is located, and any other persons who were served pursuant to Section 25222 or who were permitted to intervene in the proceeding pursuant to Section 25226.

(d) Failure or refusal to comply with any order issued pursuant to this section shall be treated in the manner provided by Article 12 (commencing with Section 11455.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.

History.—Added by Stats. 1980, Ch. 1161, in effect January 1, 1981. Stats. 1984, Ch. 1736, in effect September 30, 1984, completely revised section. Stats. 1989, Ch. 906, in effect January 1, 1990, substituted "makes the decision" and "that" for "determines" and "a" after "hearing, the director" and "director shall issue" in subdivisions (a) and (b), and added a comma after "decision in writing" in subdivision (b). Stats. 1995, Ch. 938, in effect January 1, 1996, operative July 1, 1997, substituted "Article 12 . . . Title 2" for "Section 11525" after "provided by" in subdivision (d).

Note.—Section 25 of Stats. 1984, Ch. 1736, provided no payment by state to local governments because of this act, however, a local agency may pursue any remedies to obtain reimbursement.