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Ch. 671 —2— —3— C)t.- 671 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 512. (a) For purposes of this article, the following definitions or a California regional water duality control board. apply. (e) After determining that a responsible party has completed the (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 environmentul health. permanent remedy for the release of waste has 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 25320. document that describes the release of waste that occurred and the (4) "Remedial action" means any action taken by a responsible remedial uclion taken,and certifies that the cleanup goals embodied party to clean up a released waste, to abate the effects of a released in lite remedial action agreement were accomplished. waste,or to prevent,minimize,or mitigate damages that may result 512.1. This article shall not apply to any of the following: from the release of a waste. "Remedial action" includes the (a) A hazardous substance release site listed pursuant to ! on restoration, rehabilitation, or replacement of any natural resource 25356, a site subject to an order or enforceable agreement .__.ted damuged or lost as a result of the release of a waste. pursuant to Section 25355.5 or 25358.3, or a site where tite (5) "Responsible party" means a person who, pursuant to this Departrnent 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 the same meaning as set forth in subdivision (b) Section 25187 or 25187.7. . of Section 470. (c) A site subject to a cleanup and abatement order issued (b) Whenever a release of waste occurs and remedial action is pursuant to Section 13304 of the Water Code. required,the responsible party for the 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 lite remedial action if lie or she determines, based oil 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 6.8 (commencing with Section supervise the remedial action. 25300) of Division 20, or a California regional water quality control (c) Remedial action carried out tinder this section shall be carried board or the State Water Resources Control Board from taking out only pursuant to a remedial action agreement entered into by the enforcement action against a release pursuant to Division 7 local officer and the responsible party. The temedial 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 the responsible party will carry out to determine the type and extent of Department of Toxic Substances Control and the appr ale the contamination caused by the released waste that is the subject of California regional water quality control board at least 10 working the remedial action, the remedial actions that will be taken,and lite 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 Section 512. The protect human health or safety or the environment,unci that,if met; written notification shall include all of the following: constitute a permanent remedy to the release of the waste. (a) The name and address of the responsible party. (d) A local officer who eaters into a remedial action agreement, (b) The name and address of the site owner. as described in subdivision (c), may, after giving the responsible (c) The address and location of the site to which lite remedial party adequate notice, withdraw from the agreement at any time. 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 a 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. (3) The release of the waste that is the subject of the remedial action is of a sufficiently complex nature or may present such it 0