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California Health and Safety HSC Section 25398.6. Page 3 of 3 remedial objectives.The department shall give all of the parties entitled by this section to a public meeting a fair opportunity to comment on the merits of the plan. (4)Comply with Section 25397.2. 0)After complying with subdivision(i),the department shall review and consider any comments received at the public meeting or by other means within the specified time period,shall consider the affected community's acceptance of the proposed remedial alternative or alternatives,and shall propose revisions to the draft plan,if appropriate. (k)When reviewing a remedial action plan,the department shall give no special preferences to one or more available types of response action,including engineering and land use controls,treatment,removal,or other types of corrective action,but shall evaluate available response action options on the individual merits of each option reasonably available in light of specific site conditions. (1)Within 60 days after the close of the comment period set forth in paragraph(2)of subdivision(i),the department shall approve the final remedial action plan,or issue a notice of deficiency to the person who submitted the plan that describes,in detail,any deficiencies in the plan.A remedial action plan found to be deficient shall be modified in a reasonable time. However,any notice of rejection of the notice of deficiency shall be filed with the department within 30 days from the date of receipt of the notice of deficiency.Within 60 days of receiving a modified plan,the department shall approve the plan or advise the person who prepared the plan,in detail,of the new or continuing deficiencies.Any failure to act by the department as provided in this subdivision may be appealed to the secretary.If the secretary fails to act on behalf of the department within 30 days after the appeal is filed,the department's failure to act may be challenged by any responsible person for the site pursuant to the provisions of Section 1085 of the Code of Civil Procedure. (m)Once approved by the department,a draft plan shall become final 60 days from the date that notice of its approval is provided in writing by appropriate means,as provided in subdivision(b)of Section 25398.10,unless a petition for review is filed prior to that time pursuant to Section 25398.10. (n)A remedial action plan is not required for the abatement of an interim endangerment pursuant to Section 25398.2. (o)Nothing in this chapter shall be construed to change the standards for response actions taken at voluntary action sites that are overseen by the department pursuant to Section 25201.9 or any other authority. Search this site: Search ra0 --- - - Custom Search OCLAW.ORG-California Legal Reference Copyright 2009-2015.No claims mads m original go-mmcm wcr s http://www.oclaw.org/research/code/ca/HSC/25398.6./content.html 11/29/2016