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California Health and Safety Code Section 25395.96

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 25395.96

(a) If, upon review of the site assessment prepared
pursuant to this article, the agency determines that a response
action is necessary to prevent or eliminate an unreasonable risk, the
bona fide purchaser, innocent landowner, or contiguous property
owner shall submit a response plan to the agency to conduct a
response action at the site, in conformance with the agreement
entered into pursuant to Section 25395.92. The response plan shall
include all of the following:
   (1) The response plan shall provide for an opportunity for the
public, other agencies, and the host jurisdiction to participate in
decisions regarding the response action, taking into consideration
the nature of the community interest, and shall include all of the
following:
   (A) Thirty days before taking action pursuant to the response
plan, the agency shall take all of the following actions:
   (i)  Notify all other appropriate governmental entities and local
agencies, including, but not limited to, the department, the regional
board, or a redevelopment agency, that is not a party to the
response plan regarding the proposed response plan.
   (ii) Place a notice in a newspaper of general circulation, in the
area of the site, including, but not limited to, a community-based
newspaper, as appropriate.
   (iii) Post notice of the proposed response plan on the site.
   (B) All of the following methods for public participation shall be
included in the response plan:
   (i) Thirty days' prior public notice in a factsheet format of the
proposed response plan, in English and in any other language commonly
spoken in the area of the site.
   (ii) Access, at both the agency and at local repositories, to the
proposed response plan, site assessment, addenda, and any other
supporting documentation, including materials listed as references in
the response plan and site assessment.
   (iii) Procedures for providing a reasonable opportunity to comment
on the plan and related documents specified in clause (ii).
   (iv) If a public meeting is requested, the holding of a public
meeting by the agency in the area to receive comments.
   (v) The agency's consideration of any comments received before
taking any action regarding the response plan.
   (C) The response plan may also provide for, but is not limited to,
proposing the use of other methods for public participation,
including the use of public notices, direct notification of
interested parties, electronic copies of the response plan, site
assessment addenda, and other supporting documentation, including
materials listed as references in the response plan and site
assessment, electronic comment forms, forming advisory groups, as
appropriate, to disseminate information and assist the agency in
gathering public input, additional public meetings or public
hearings, and an opportunity to comment on the proposed response plan
prior to approval.
   (D) The agency, as part of its communications with affected
communities, shall provide information regarding the process by which
decisions about the site are made and the recourse that is available
for those who may disagree with an agency decision.
   (E) The agency shall consider the issue of environmental justice,
as defined in subdivision (e) of Section 65040.12 of the Government
Code, for communities most impacted, including low-income and racial
minority populations before taking action on the response plan.
   (F) To the extent possible, the agency shall coordinate its public
participation activities with those undertaken by the host
jurisdiction and other agencies associated with the development of
the property, to avoid duplication to the extent feasible.
   (G) It is the intent of the Legislature that the public
participation process established pursuant to this paragraph ensures
full and robust participation of a community affected by this
chapter.
   (2) Identification of the release or threatened release that is
the subject of the response plan and documentation that the plan is
based on an adequate characterization of the site.
   (3) An identification of the response plan objectives and the
proposed remedy, and an identification of the reasonably anticipated
future land uses of the site and of the current and projected land
use and zoning designations. This identification shall include
confirmation by the host jurisdiction that the anticipated future
land uses and current and projected land uses and zoning designations
are accurate.
   (4) A description of activities that will be implemented to
control any endangerment that may occur during the response action at
the site.
   (5) A description of any land use control that is part of the
response action.
   (6) A description of wastes other than hazardous materials at the
site and how they will be managed in conjunction with the response
action.
   (7) Provisions for the removal of containment or storage vessels
and other sources of contamination, including soils and free product,
that cause an unreasonable risk.
   (8) Provisions for the agency to require further response actions
based on the discovery of hazardous materials that pose an
unreasonable risk to human health and safety or the environment that
are discovered during the course of the response action or subsequent
development of the site.
   (9) Any other information that the agency determines is necessary.
   (b) The agency shall evaluate the adequacy of the plan submitted
pursuant to subdivision (a) and shall approve the plan if the agency
makes all of the following findings:
   (1) The plan contains the information required by subdivision (a).
   (2) When implemented, the plan will place the site in a condition
that allows it to be used for its reasonably anticipated future land
use without unreasonable risk to human health and safety and the
environment.
   (3) The plan addresses any public comments.
   (4) If applicable, the plan provides for long-term operation and
maintenance, including land use and engineering controls, that are
part of the remedy contained in the response plan.
   (c) (1) On or before 60 days after the date an agency receives a
response plan, the agency shall make a written determination that
proper completion of the response plan constitutes "appropriate care"
for purposes of subdivision (a) of Section 25395.67.
   (2) Upon approval of the response plan by the agency, the agency
shall notify all appropriate persons, including the host
jurisdiction.
   (d) If the use of the property changes, after a response plan is
approved, to a use that requires a higher level of protection, the
agency may require the preparation and implementation of a new
response plan pursuant to this article.
   (e) The owner of a site shall not make any change in use of a site
inconsistent with any land use control recorded for the site, unless
the change is approved by the agency in accordance with subdivision
(f) of Section 25395.99.

Last modified: February 13, 2012