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25228. (a) With regard to designating land as a hazardous waste property, the department shall have the burden of proving that hazardous waste has been deposited on, under, or in the land and that the hazardous waste creates a significant existing or potential hazard to present or future ublic health or safety on the hazardous waste property. (b� With regard to designating land as a border zone property, the department shall have the burden of proving that hazardous waste has been deposited within 2,000 feet of the land and that the hazardous waste creates a significant existing or potential hazard to present or future public health or safety on the border zone property. (Added by Stats. 1980, Ch. 1161.) 25229. (a) If, after the hearing, the director determines that the subject land should not be designated a hazardous waste property or border zone property, the director shall issue a decision in writing and serve it i in the manner provided in subdivision (c). (b) If, after the hearing, the director determines, upon a preponder- ance of the evidence, including any evidence developed at any time prior to the hearing, that the land should be designated a hazardous waste property or a border zone property, the director shall issue a decision in writing which shall identify the subject land, or poftion hereof, by street address, assessor's parcel number, or legal description and the nake of the owner of record, contain findings of fact based upon the issues presented, including the reasons for this designation, the substances on, under, or in the land, and the significant existing or potential hazards to present or future ( public health and safety, and order every owner of the designated land to take all of the following actions: (1) Execute before a notary a written instrument which imposes an easement covenant, restriction, or servitude, or any combination thereof, as appropriate, upon the present and future uses of the land pursuant to Section 25230. The written instrument shall also include a copy of the director's decision. (2) Return the executed instrument to the director within 30 days after the decision is delivered or mailed. Within 10 days after receiving the instrument, the director shall execute the written instrument and return the instrument to the owner. (3) Record the written instrument pursuant to Section 25230 within 10 days after receiving the written instrument executed by the director, as specified in paragraph (2). (4) Return the recorded written instrument to the director within 10 days after the owner records the instrument, as specified in paragraph (3) . (c) Copies of the determination shall be delivered or sent by certified mail to the owner of the property, the legislative body of the city or county in whose jurisdiction the land is located, and any other persons who were served pursuant to Section 25222 or who were permitted to intervene in Lite proceeding pursuant to Section 25226. (d) Failure or refusal to comply with any order issued pursuant to this section shall be treated in the manner provided by Section IIS25 of Lite Government Code. (Amended by Stats. 1984, Ch. 1736. ) -159-