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01 • —3— ch. 671 Ch. 671 —2— Article 4.2. Released Waste significant potential hazard to human health or the environment that it should be referred to the Department of Toxic Substances Control or a California regional water quality control board. 512. (a) For purposes of this article, the following definitions (e) After determining that a responsible party has completed the apply: actions required by the remedial action agreement and that a (1) "Local officer" means a county health officer, city health permanent remedy for the release of waste has been achieved, the officer,or county director of environmental health. local officer may provide the responsible party,with a letter or other (2) "Person" has the same meaning as set forth in Section 25118. document that describes the release of waste that occurred and the (3) "Release" has the same meaning as set forth in Section 25320. remedial action taken,and certifies that the cleanup goals embodied (4) "Remedial action" means any action taken by a responsible in the remedial action agreement were accomplished. party to clean up a released waste,to abate the effects of a released 512.1. This article shall not apply to any of the following: waste,or to prevent,minimize,or mitigate damages that may result (a) A hazardous substance release site listed pursuant to Section from the release of a waste. "Remedial action" includes the 253,� a site subject to an order or enforceable agreement issued restoration, rehabilitation, or replacement of any natural resource pursuant to Section 25355.5 or 25358.3, or a site where the damaged or lost as a result of the release of a waste. Department of Toxic Substances Control has initiated action (5) "Responsible party" means a person who, pursuant to this pursuant to Section 25355. section, requests the local officer to supervise remedial action with (b) A site subject to a corrective action order issued pursuant to respect to a released waste. Section 25187 or 25187.7. (6) "Waste"has the same meaning as set forth in subdivision (b) (c) A site subject to a cleanup and abatement order issued of Section 470. pursuant to Section 13304 of the Water Code. (b) Whenever a release of waste occurs and remedial action is (d) A facility that is subject to the requirements of Section required,the responsible party for the release may request the local 25(d) A or facility .14. officer to supervise the remedial action.The local officer may agree 512.2. Nothing in this article shall be construed as prohibiting the to supervise the remedial action t hshe determines, based at Department of Toxic Substances Control from assuming jurisdiction available information,that adequate staff resources and the requisite over a release pursuant to Chapter 6.8 (commencing with Section technical expertise and capabilities are available to adequately 25300) of Division 20, or a California regional water quality control supervise the remedial action. board or the State Water Resources Control Board from taking (c) Remedial action carried out under this section shall be carried enforcement action against a release pursuant to Division 7 out only pursuant to a remedial action agreement entered into by the (commencing with Section 13000) of the Water Code. local officer and the responsible party. The eemedial action 512.3. A local officer shall provide written notification to the • agreement shall specify the testing, monitoring, and analysis the Department of Toxic Substances Control and the appropriate responsible party will carry out to determine the type and extent of California regional water quality control board at least 10 working the contamination caused by the released waste that is the subject of days prior to entering into a remedial action agreement with a the remedial action,the remedial actions that will be taken,and the responsible party pursuant to subdivision (c) of Section 512. The cleanup goals that the local officer determines are necessary to written notification shall include all of the following: protect human health or safety or the environment,and that,if met; (a) The name and address of the responsibld party. constitute a permanent remedy to the release of the waste. (b) The name and address of the site owner. (d) A local officer who enters into a remedial action agreement, (c) The address and location of the site to which the remedial as described in subdivision (c), may, after giving the responsible action agreement will apply. party adequate notice, withdraw from the agreement at any time. (d) A description of any known or planned local,state,or federal after making one of the following findings: regulatory involvement at the site. (1) The responsible party is not in compliance with the remedial 512.4. A local officer may charge the responsible party a fee to action agreement. recover the reasonable and necessary costs incurred in carrying out (2) Appropriate staff resources, technical expertise, or technical this article. capabilities are not available to adequately supervise the remedial action. (3) The release of the waste that is the subject of the remedial • action is of a sufficiently complex nature or may present such a 0