SITE INFORMATION AND CORRESPONDENCE

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1 , , 1 Ch. 671 —2— —3— Ch. 671 Article 4.2, Released Waste significant potential hazard to human health or the environment that it should be referred to lite Department of Toxic Substances Control 512. (a) For purposes of this article, the following definitions or a California regional water quality control board. apply: (e) After determining that a responsible party has completed lite (1) "Local officer" means a county health officer, city health actions required by the remedial action agreement and that a officer, or county director of environmental health. permanent remedy for lice release of waste tins been achieved, the (2) "Person" has the same meaning as set forth in Section 25118. local officer may provide the responsible party with a letter or other (3) "Release"has the same meaning as set forth in Section 253211. document that describes the release of waste that occurred and lite (4) "Remedial action" means any action taken by a responsible remedial action taken,and certifies that the cleanup goals embodied party to clean up a released waste, to abate the effects of u released in lite remedial action agreement were accomplished. waste,or to prevent,minimize,or mitigate damages [hilt may result 512.1. This article shall not apply to any of the following: from the release of a waste. "Remedial action" Includes the (u) A hazardous substance release site listed pursuant to Section 1 restoration, rehabilitation, or replacement of any natural resource 25356, it site subject to an order or enforceable agreement Issued J damaged or lost as a result of the release of a waste. pursuant to Section 2535.5.5 or 25358.3, or a site where the (5) "Responsible party" means a person who, pursuant to this Department of Toxic Substances Control has initiated action section, requests the local officer to supervise remedial action with pursuant to Section 25355. respect to a released waste. (b) A site subject to a corrective action order Issued pursuant to (6) "Waste" has lite same meaning as set forth in subdivision (b) Section 25187 or 25187.7. of Section 470. (c) A site stibject to a cleanup and abatement order issued (b) Whenever a release of waste occurs and remedial action is pursuant to Section 13304 of lite Water Cale. required,lite responsible party for lite release may request the local (d) A facility that is subject to the requirements of Section officer to supervise lite remedial action.The local officer may agree 25200.10 or 25200.14. to supervise the remedial action if he or she determines, bused on 512.2. Nothing in this article shall be construed as prohibiting the available Information,that adequate staff resources and the requisite Department of Toxic Substances Control from assuming jurisdiction technical expertise and capabilities are available to adequately over a release pursuant to Chapter 8,8 (commencing with Section supervise the remedial action. 25300) of Division 20, or a California regional waterquality control (c) Remedial act lot)carried out under this section shall be curried board or the State Water Resources Control Board from taking out only pursuant to a remedial action agreement catered into by the enforcement action against a release pursuant to Division 7 local officer and the responsible party. Tile' tlemedial action (commencing with Section 13000) of the Water Code. agreement shall specify the testing, monitoring,% and analysis the 512.3. A local officer shall provide written notification to the responsible party will carry oiit to determine lite type and extent of Department of Toxic Substances Control and the appropriate the contamination caused by the released waste that is lite subject of California regional water quality control board at least 10 working the remedial action, lite remedial actions that will be taken,and the days prior to entering into a remedial action agreement with a cleanup goals that the local officer determines are necessary to responsible party pursuant to subdivision (c) of Seolion 512. Tile protect human health or safely or the environment, and that if met, written notification shall Include all of lite following: constitute a permanent remedy to the release of the waste. (u) The name and address of lite responsibld party. (d) A local officer who eaters into u remedial uclion ogreeinent, (b) The name and address of the site owner. as described in suhclivision (c), may, after giving line responsible (c) 'The address and location of lite site to which the remedial party adequate notice, withdraw from the agreement al tiny lune.. action agreement will apply. after making one of the following findings: (d) A description of any known or planned local,state,or federal (1) The responsible party is not in compliance with the remedial regulatory involvement at the site. action agreement. • 512.4. A local officer may charge the responsible party it fee to (2) 'Appropriate staff resources, technical expertise, or technical recover the reasonable and necessary costs incurred in carrying out capabilities are not available to adequately supervise the remedial this article. action. 1 (3) 'The release of the waste that is the subject of lite remedial action is of a sufficiently complex nature or may present such it 0