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California Environmental Protection Agency Department of Toxic Substances Control Site Mitigation Program FACT SHEET LOCAL CLEANUP AGREEMENTS NEW LZGISLATION: LOCAL CLEA 3P AGRRz2d ` S The full text of section 101075 (b) is provided: Senate Bill (SB) 1248 (O'Connell) became effective on ° (b) "Waste" means either of the January 1, 1996. SB 1248 enacted following: Health and Safety Code sections 512 through 512.4. (A11 statutory 1) Any material for which no references herein are to the Health use or reuse is intended and and Safety Code unless otherwise that is to be discarded. stated.) The u==se of SB 1248 is to allow a responsible party and a 2) Any material that swills, local health or environmental health escapes, or is released from agency (local agency) to enter into any manufacturing, a written agreement for the industrial, commercial, or supervision of the cleanup of a other plant, facility, or simple waste release. process, or that escapes or is released during the SB 1248 establishes a cleanup transporting or transferring program which allows a local health from one place to another, agency to supervise the remedial or during the pumping, action taken at a site, set cleanup processing, stor'_ng, or goals at a site, and issue a let=er packaging of any material or other document that certifies in, to, or =rpm such a that the cleanup goals were plant, facility, or process, accomplished. while local or that enters or may enter regulatory agencies have supervised an uncontained air space or simple cleanups for many years, a sur=ace water course that until enactment of S3 1248, there is not totally contained on was no direct recognition of these the contiguous property of activities in state law. the plant, facility, or SB 1248 was not intended to process, or which enters, or constitute a change in the status may enter, the groundwater quo, but rather to acknowledge the underlying such plant, legitimacy of local cleanup facility, or process. " activities already being performed by qualified local agencies. • Based on available information, a local agency officer may agree Kav Elements of SB 1248: to suwervise a remedial action if the agency has adequate staff • Sections 512 (a) (1) through (6) resources, technical expertise, define the terns: local and capabilities to adequately officer; person; release; supervise the remedial action. remedial action; responsible party; and waste. • The written remedial action agreement must specify the Section 512 (a) (6) states that testing, monitoring, aha "waste" has the same meaning as analysis the responsible party set forth is section 470 (b) . will ca----,r out to determine the However,' SB 1360 (Stats. 1995, type and extent of the Chapter 415) revealed section contami:at_on, specify the 470 and replaced it with section remedial actions that will be 101075. Local C:eanup Agreements Page 1 (February S. 1996)