|
§ 25220 HEALTH AND SAFETY CODE
<br /> the area or are itwhere the hazardous waste or extremely hazardous waste is contained or was
<br /> deposited. The eovision of a map pursuant to this subdivision shall not be required if the 4
<br /> respondent to t,,.-.•••equest asserts in writing that the respondent has no knowledge or insufficient
<br /> knowledge of t�xistence or location of the wastes to comply with this subdivision. . . • a `;
<br /> (5) Any other information which relates to the disposal of hazardous waste on or.within 2,000 feet
<br /> of the property or the potential for the migration of those wastes. W`
<br /> (c) Any person who is requested to provide information pursuant to subdivision(b)shall submit the YT
<br /> information to the department within 90 calendar days of receipt of the request as
<br /> (d) The department shall notify the planning and building department of each city, county, or y
<br /> reeionai council of zovernments of anv recorded land use restriction imposed pursuant to Section
<br /> 25202.5. 25222.1, 25230 or 25355.5 within the jurisdiction of the local a encu. U= n receiving this £
<br /> y
<br /> notification, the planning and building in
<br /> department shall do both of the foiloa• g:
<br /> (1) File all recorded land use restrictions in the property files of the city, county_, or regional p '
<br /> council of government
<br /> (2) Require that anv person requesting a_ land use which differs from those filed land use
<br /> restrictions on the pro erty app v to the department for a variance or a removal o the land use ,
<br /> restrictions pursuant to ection 25)x3 or 25234.
<br /> (e) A planning and budding department of a city, county. or regional council of governments may
<br /> assess a M,)enF owner a reasonable fee to cover the costs of takin the actions required by
<br /> subdivision (d). or purposes of this subdivision, " rooertv owner" does not include a person who eodar ''
<br /> holds evidence of ownership solely to protect a security interest in the property, unless the person
<br /> participates, or has a Iega right to participate, in the management of the property. city. all at <<
<br /> (Amended by Stats.1984, c. 1736, § 6, eff. Sept.30, 1984; Stats.1989, c..906, § 3.)
<br /> Library References
<br /> Words and Phrases(Perm.Ed.)
<br /> § 25221. Application for designation as hazardous waste property or border zone property;
<br /> prior determinations
<br /> (a) Any person as owner, lessor,or lessee who(1)knows, or has probable cause to believe, that a' tion,
<br /> significant disposal of hazardous waste has occurred on,under,or into the land which he or she owns W`
<br /> or leases or that the land is within 2,000 feet of a significant disposal of hazardous waste, and (2) �
<br /> intends to construct or allow the construction on that land of a building or structure to be used for a ``
<br /> purpose which is described in subdivision (b) of Section 25232 within one year, shall apply to-the '$
<br /> department prior to construction for a determination as to whether the land should be designated a a '
<br /> hazardous waste property or a border zone property pursuant to Section 25229.
<br /> The addition of rooms or living space to an existing single-family dwelling or other minor repairs or s s'� , ✓x
<br /> improvements to residential property which do not change the use of the property or increase the
<br /> population density does not constitute the construction of a building or structure for purposes of this p(d ,
<br /> subdivision.
<br /> proper ° ,�`�
<br /> (b) Any person who,as owner, lessor, or lessee,knows or has probable cause to believe that land K
<br /> which he or she owns or leases is a hazardous waste property or a border zone property, may apply p
<br /> to the department for a determination as to whether the land should be designated a hazardous '"'*}ser r
<br /> waste property or a border zone property pursuant to Section 25229.
<br /> (c) If a city or county knows or has probable cause to believe that any land within its jurisdiction is
<br /> a hazardous waste property or a border zone property, the city or county may apply to the I1lrsry
<br /> department for a determination as to whether that land should be designated a hazardous waste
<br /> property or a border zone property pursuant to Section 25229. C Lt Illr�r t �
<br /> (d) Subdivisions(a), (b), and(c) do not apply to any land on which a determination has previously
<br /> been made pursuant to Section 25222.1 or 25229, unless either of the following has occurred since
<br /> that determination
<br /> (1) A significant new- disposal of hazardous waste has occurred on, under, or into the land
<br /> (2) Significant new information about past disposal of hazardous waste on,or within 2,000 feet of,
<br /> the land becomes known to the owner, lessor, or lessee of the land or to the city or county. ssi ±'# .• .
<br /> s � s
<br /> (e) (1) The board shall assess a fee of seven thousand five hundred dollars ($7.500)on any person
<br /> who applies fora determination as to whether land should be designated a hazardous waste proDe
<br /> or a border zone property pursuant to ction 25'2'21,upon a determination by the department that a zone
<br /> e
<br /> Additions or changes indicated by underline; deletions by asterisks-
<br /> 266
<br /> sterisks '266
<br /> y-*: .,st ! c :;° .�"'%"' �SIk�� i• ¢,s,��v� +� x 1G-�� y ,,
<br /> ��v-: yy'_•r ' _ +O.G - •^'"'i...Y`{ �t s�,- '�C. N �.. ..
<br /> < �� �•� .;;� � _�i*. x �''S..^U`r' F^ Yk �' 7'ri
<br /> t- �� is � +8�d�!• R.'..[. .r
<br /> �f r 3.sy '•(d+'•w 1 ''
<br /> i y2, '�• a� jx . 'S `� ' '•�i, ,. ''l`� �f. ..�K c -
<br /> - t �-:r;,s'Y".Zf �'f-�£+.6 � �`�" h..•c� �'"t 4-^{+a � ,� s�r,s. ��`�,�5sgC�y^.�i �-'"]�F'�� .���.r`�,.�� � *m..
<br /> � �l�z�'t�
<br />
|