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� W '.`�,w California Environmental Protection Agency Department of Toxic Substances Control Site Mitigation Program FACT SHEET O LOCAL CLEANUP AGREEMENTS u NEW LZGISLATION: LOCAL CLIA= AGRBElXlZNTS The full test of section 101075 (b) is provided: Senate Bill (SB) 1248 (O'Connell) became effective on " (b) "Waste" means either of the January 1, 1996. SB 1248 enacted following: Health and Safety Code sections 512 through 512.4. (AIl statutory 1) Any material for which no references herein are to 'tlie Health use or reuse is Mended and and Safety Code unless otherwise that is to be discarded. stated.) The Pu-pose of SB 1248 is to allow a responsible party and a 2) Any material that spills, local health or e--vironmental 'health escapes, or is released from agency (local agency) to enter :Oto any manufacturing, a written agreement for the industrial, commercial, or supervision of `:e cleanup of a other =!ant, facility, or simple waste release. process, or that escapes or is released during the SB 1248 establishes a cleanup t_ansport.ing or transferring program which allows a local health from one place to another, agency to supe_'"vise the remedial or duri-mg the pumping, action taken at a site, set clear_um Processing, storing, or goals at a site, and issue a letter packaging of any material cr other dec-unent that cer_i`ies to, or =rom such a that the cleanup goals were plant, Lagility, or process, accomplished. 7khile local or that enters or may enter regulatory agencies have supe=r-sed an uncontained air space or simple cleanups for many years, a sur-face water course that until enactment of S3 1248, there is not totally contained on was no direct recognition of these the contiguous property of activities '_n state law. the Plant, =agility, or SB 1248 was not 4--tended to process, or which enters, or constitute a change in the status may enter, the groundwater quo, but rather to acknowledge the underlying such plant, legitimacy of local cleanup facility, or process. " activities already being performed by qualified local agencies. 0 Based on available information, a local agency officer may agree -K y Slements of S3 1248: to supervise a remedial action if the agency has adequate staff • Sections 512 (a) (1) through (6) resources, technical expertise, define the terms: local and capabilities to adequately officer; person; release; sure_-vise the remedial action. remedial action; responsible party; and waste. • The written remedial action agreement must specify the Section 512 (a) (6)- states that testing, monitoring, and "waste" has the same meaning as analysis the responsible party set forth in section 470 (b) . will carry out to determine the However,' SB 1360 (Stats. 1995, type and extent of the Chapter 415) repealed section contamination, specify the 470 and replaced it with section remedial actions that will be 10!075. Local Cleanup Agreements Page 1 (February 6, 1996)