Cal. Health & Saf. Code § 25403

Current through the 2024 Legislative Session.

Section 25403 - Definitions

For purposes of this chapter, the following terms shall have the following meanings:

(a) "Blighted area" means an area in which the local agency determines there are vacancies, abandonment of property, or a reduction or lack of proper utilization of property, and the presence or perceived presence of a release or releases of hazardous material contributes to the vacancies, abandonment of property, or reduction or lack of proper utilization of property.

(b) "Blighted property" means property with the presence or perceived presence of a release or releases of hazardous material that contributes to the vacancies, abandonment of property, or reduction or lack of proper utilization of property.

(c) "Clean up" or "cleanup" means an action taken to remove, as defined in Section 78135, remediate, as described in subdivision (a) or (b) of Section 78125, or otherwise abate the effects of a release of hazardous material.

(d) "Cleanup plan" means a document that details the actions to be taken to clean up a release of a hazardous material.

(e) "CUPA" means the Certified Unified Program Agency certified to implement the unified program pursuant to Chapter 6.11 (commencing with Section 25404).

(f) "Department" means the Department of Toxic Substances Control.

(g) "Designated agency" means an agency designated by the local agency pursuant to paragraph (1) or (2) of subdivision (e) of Section 25403.1.

(h) "Director" means the Director of Toxic Substances Control.

(i) "Hazardous material" has the same meaning as defined in subdivision (d) of Section 25260.

(j) "Investigation" means an action taken to determine the source, nature, and extent of a release of hazardous material with sufficient detail to provide a reasonable basis for decisions regarding the cleanup of the hazardous material. An investigation does not include a Phase I or Phase II environmental site assessment.

(k) "Investigation plan" means a document that specifies actions to be taken to investigate a suspected release of hazardous material. An investigation plan does not include a Phase I or Phase II environmental site assessment.

(l) "Local agency" means both of the following:

(1) A county, a city, or a city and county.

(2) A "housing authority," as provided in Section 34240, if the housing authority is an entity assuming the housing functions of a former redevelopment agency pursuant to paragraph (2) of subdivision (a) of Section 34176 and the property subject to this chapter was transferred from that successor agency to the housing authority.

(m) "Person" means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including, but not limited to, a government corporation. "Person" also includes any local agency, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.

(n) "Phase I environmental assessment" means a preliminary assessment of a property to determine whether there has been, or may have been, a release of hazardous material based on reasonable available information about the property and general vicinity. A Phase I environmental assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process or meet the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations.

(o) "Phase II environmental assessment" means an intrusive study where actual physical environmental samples are collected and analyzed to characterize the type and distribution of hazardous material in the environment. A phase II environmental assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process.

(p) "Qualified independent contractor" means an independent contractor who is any of the following:

(1) An engineering geologist who is certified pursuant to Section 7842 of the Business and Professions Code.

(2) A geologist who is registered pursuant to Section 7850 of the Business and Professions Code.

(3) A civil engineer who is registered pursuant to Section 6762 of the Business and Professions Code.

(q) "Regional board" means a California regional water quality control board.

(r) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment on blighted property.

(s) "Responsible party" means a person described in subdivision (a) of Section 78145 of this code or subdivision (a) of Section 13304 of the Water Code.

(t) "Site designation committee" means the committee established pursuant to Section 25261.

(u) "State board" means the State Water Resources Control Board.

Ca. Health and Saf. Code § 25403

Amended by Stats 2022 ch 258 (AB 2327),s 90, eff. 1/1/2023, op. 1/1/2024.

Added by Stats 2013 ch 588 (AB 440),s 1, eff. 1/1/2014.