Section 68201 - Overview; Administering Agency(a) The Department will be the Administering Agency for all Properties that are the subject of an ISCP Loan.(b) As provided under section 68207, the Department, the State Board, a Regional Board, or a Local Oversight Program Agency under contract with the State Board will be the Administering Agency for a site that is the subject of a Loan from the CLEAN Loan Program.(c) An Applicant for a Loan may not request that a different agency be designated as the Administering Agency by the Site Designation Committee created by section 25260 of the Health and Safety Code.(d) Investigating Site Contamination Program (ISCP): (1) The ISCP provides Loans to Eligible Applicants for the purpose of conducting Preliminary Endangerment Assessments (PEAs) of Brownfields, as defined, or Eligible Underutilized Properties;(2) Loan funds will not be disbursed until execution of an ISCP Environmental Oversight Agreement under section 68211;(3) Loan recipients shall agree to provide any and all PEA site assessment results to the Department if the Loan recipient does not proceed with the Project under section 68211; and(4) Loans from the ISCP may not be used to pay for Ineligible Costs as defined in section 68202(r).(e) Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Program: (1) The CLEAN Loan Program provides Loans to Eligible Applicants for the purpose of performing actions necessary to Respond to the release or threatened release of a Hazardous Material including, but not limited to, site characterization, preparation of feasibility studies, public participation, preparation of remedy selection documents, actual construction and other cleanup activities on an Eligible Property. The CLEAN Loan Program does not include activities deemed Operation and Maintenance as determined by the Administering Agency;(2) As a condition of obtaining a Loan, Loan recipients who are responsible parties as defined in section 25323.5 of the Health and Safety Code or are Persons subject to regulation under chapter 6.7 (commencing with section 25280) or chapter 6.75 (commencing with section 25299.10 of the Health and Safety Code) are required to complete all actions necessary to Respond to releases or threatened releases of a Hazardous Material on the Property as approved by the Administering Agency even if the Loan amount does not finance the full cost of such actions;(3) Work undertaken using funds from the CLEAN Loan Program must be conducted by a qualified Project Coordinator with expertise in Hazardous Materials site investigation and cleanup. All engineering and geological work must be conducted in conformance with applicable State laws including, but not limited to, Business and Professions Code sections 6735 and 7835;(4) Loan funds shall not be disbursed until execution of a CLEAN Loan Program Response Action Agreement with the Department or other enforceable agreement with another Administering Agency under section 68211; and(5) Loans from the CLEAN Loan Program may not be used to pay for Ineligible Costs under section 68202(r).Cal. Code Regs. Tit. 22, § 68201
1. New section filed 1-18-2001 as an emergency; operative 1-18-2001 (Register 2001, No. 3). Pursuant to Health and Safety Code section 25395.29, a Certificate of Compliance must be transmitted to OAL by 7-17-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-6-2001 as an emergency; operative 7-18-2001 (Register 2001, No. 27). Pursuant to Health and Safety Code section 25395.29, a Certificate of Compliance must be transmitted to OAL by 1-14-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-6-2001 order transmitted to OAL 1-14-2002; Certificate of Compliance withdrawn from review 2-27-2002. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 9).
4. New section filed 3-1-2002 as an emergency; operative 3-1-2002 (Register 2002, No. 9). Pursuant to Health and Safety Code section 25395.29, a Certificate of Compliance must be transmitted to OAL by 8-28-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-31-2002 order, including amendment of section heading, section and NOTE, transmitted to OAL 6-21-2002 and filed 8-5-2002 (Register 2002, No. 32).
6. Change without regulatory effect amending subsection (d)(4) filed 7-20-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 30). Note: Authority cited: Sections 25150, 25260, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22, 25395.27 and 25395.28, Health and Safety Code.
1. New section filed 1-18-2001 as an emergency; operative 1-18-2001 (Register 2001, No. 3). Pursuant to Health and Safety Code section 25395.29, a Certificate of Compliance must be transmitted to OAL by 7-17-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-6-2001 as an emergency; operative 7-18-2001 (Register 2001, No. 27). Pursuant to Health and Safety Code section 25395.29, a Certificate of Compliance must be transmitted to OAL by 1-14-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-6-2001 order transmitted to OAL 1-14-2002; Certificate of Compliance withdrawn from review 2-27-2002. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 9).
4. New section filed 3-1-2002 as an emergency; operative 3-1-2002 (Register 2002, No. 9). Pursuant to Health and Safety Code section 25395.29, a Certificate of Compliance must be transmitted to OAL by 8-28-2002 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-31-2002 order, including amendment of section heading, section and Note, transmitted to OAL 6-21-2002 and filed 8-5-2002 (Register 2002, No. 32).
6. Change without regulatory effect amending subsection (d)(4) filed 7-20-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 30).