SITE INFORMATION AND CORRESPONDENCE

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e ~ Artiol. Hazardous Waste Disposal Land Use• (Article 11 added by Stats. 1980, Ch. 1161) 25220. (a) For purposes of this article, unless the context clearly requires a different meaning: (1) "Determination" means a decision by the department as to whether land should be designated as hazardous waste property or border zone property and which is reached after an analysis and an evaluation of the information is obtained by the department. (2) "Designation"means imposition of the requirements specified in Section 25230 after a determination,a public hearing, and a determination by the director has occurred pursuant to Section 25229. (b) Whenever there is reasonable cause for the department to believe that any land may be a hazardous waste property or border zone property, the department may, by certified mail, request any person who owns, leases, or occupies the land,or any other person who has information relating to the land, to provide any or all of the following information: (1) A description of the present use of the land. (2) The types and volumes of hazardous waste or extremely hazardous waste contained therein or thereon. (3) The date or dates the hazardous waste or extremely hazardous waste was deposited into or onto the land. (4) A map or maps of the property which they own and which contains or overlies hazardous waste or extremely hazardous waste, drawn to a scale of not more than 200 feet to the inch, which shows the area or areas where the hazardous waste or extremely hazardous waste is contained or was deposited. The provision of a map pursuant to this subdivision shall not be required if the respondent to the request asserts in writing that the respondent has no knowledge or insufficient knowledge of the existence or location of the wastes to comply with this subdivision. (5) Any other information which relates to the disposal of hazardous waste on or within 2,000 feet of the property or the potential for the migration of those wastes. (c) Any person who is requested to provide information pursuant to subdivision (b)shall submit the information to the department within 90 calendar days of receipt of the request. (d) The department shall notify the planning and building department of each city, county, or regional council of governments of any recorded land use restriction imposed pursuant to Section 25202.5, 25222.1, 25230, or 25355.5 within the jurisdiction of the local agency. Upon receiving this notification,the planning and building department shall do both of the following: (1) File all recorded land use restrictions in the property files of the city, county, or regional council of government. P!l (2) Require that any person requesting a land use which differs from those filed land use restrictions on the property apply to the department for a variance or a removal of the land use restrictions pursuant to Section 25233 or 25234. (e)A planning and building department of a city,county,or regional council of governments may assess a property owner a reasonable fee to cover the costs of taking the actions required by subdivision (d). For purposes of this subdivision, "property owner" does not include a person who holds evidence of ownership solely to protect a security interest in the property, unless the person participates, or has a legal right to participate, in the management of the property. (Amended by Stats. 1989, Ch. 906.) 25221. (a) Any person as owner, lessor, or lessee who (1) knows, or has probable cause to believe, that a significant disposal of hazardous waste has occurred on, under, or into the land which he or she owns or leases or that the land is within 2,000 feet of a significant disposal of hazardous waste, and (2) intends to construct or allow the construction on that land of a building or structure to be used for a purpose which is described in subdivision (b) of Section 25232 within one year,shall apply to the department prior to construction for a determination as to whether the land should be designated a hazardous waste property or a border zone property pursuant to Section 25229. The addition of rooms or living space to an existing single-family dwelling or other minor repairs or improvements to residential property which do not change the use of the property or increase the population density does not constitute the construction of a building or structure for purposes of this subdivision. (b) Any person who, as owner, lessor, or lessee, knows or has probable cause to believe that land which he or she owns or leases is a hazardous waste property or a border zone property, may apply to the department for a determination as to whether the land should be designated a hazardous waste property or a border zone property pursuant to Section 25229. (c) If a city or county knows or has probable cause to believe that any land within its jurisdiction is a hazardous waste property or a border zone property, the city or county may apply to the department for a determination as to whether that land should be designated a hazardous waste property or a border zone property pursuant to Section 25229. 136