Waste: releases: remedial action: local oversight.

Existing law, whenever a release of waste occurs and remedial action is required, authorizes a responsible party for the release to request that a local officer supervise the remedial action. Existing law authorizes a local officer to agree to supervise the remedial action if the local officer determines that certain conditions have been met. Existing law authorizes that remedial action to be carried out only pursuant to a remedial action agreement, which includes specified elements, entered into by the local officer and the responsible party, and authorizes the local officer to withdraw from the agreement, after giving the responsible party adequate notice, at any time after making any of specified findings. Existing law requires a local officer to provide written notification, that includes specified information, to the Department of Toxic Substances Control and the appropriate regional water quality control board at least 10 working days before entering into a remedial action agreement with a responsible party. Existing law authorizes a local officer to provide a responsible party with a letter or other document that describes the release of waste that occurred and the remedial action taken and certifies that the cleanup goals embodied in the remedial action agreement were accomplished. This bill would authorize a responsible party to request the local officer to oversee the remedial action only if the release is not being overseen by the department or a regional water quality control board. The bill would authorize the local officer to agree to oversee the remedial action only if the local officer determines that the same conditions referenced above have been met, the local officer has submitted specified information to the department and the regional water quality control board within the past 12 months, and the local officer has complied with specified notification requirements. The bill would revise the requirements for a remedial action agreement and would impose other requirements relating to recordkeeping and public notification, as provided. The bill would require the department or the regional water quality control board, within 30 days of receiving from a local officer a notice of intent to enter a remedial action agreement, to inform the local officer in writing if the department or the regional water quality control board will retain oversight authority for the release. The bill would require, instead of authorize, a local officer to provide the responsible party with a document that makes the same descriptions and certifications described above. By imposing new duties on local officers, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.