SECTIONS 25220-25241

25220.  (a) For purposes of this article, unless the context clearlyrequires a different meaning: (1) "Determination" means a decision by the department as towhether land should be designated as hazardous waste property orborder zone property and which is reached after an analysis and anevaluation of the information obtained by the department. (2) "Designation" means imposition of the requirements specifiedin Section 25230 after a determination, a public hearing, and adecision by the director has occurred pursuant to Section 25229. (b) Whenever there is reasonable cause for the department tobelieve that any land may be a hazardous waste property or borderzone property, the department may, by certified mail, request anyperson who owns, leases, or occupies the land, or any other personwho has information relating to the land, to provide any or all ofthe following information: (1) A description of the present use of the land. (2) The types and volumes of hazardous waste or extremelyhazardous waste contained therein or thereon. (3) The date or dates the hazardous waste or extremely hazardouswaste was deposited into or onto the land. (4) A map or maps of the property which they own and whichcontains or overlies hazardous waste or extremely hazardous waste,drawn to a scale of not more than 200 feet to the inch, which showsthe area or areas where the hazardous waste or extremely hazardouswaste is contained or was deposited. The provision of a map pursuantto this subdivision shall not be required if the respondent to therequest asserts in writing that the respondent has no knowledge orinsufficient knowledge of the existence or location of the wastes tocomply with this subdivision. (5) Any other information which relates to the disposal ofhazardous waste on or within 2,000 feet of the property or thepotential for the migration of those wastes. (c) Any person who is requested to provide information pursuant tosubdivision (b) shall submit the information to the departmentwithin 90 calendar days of receipt of the request. (d) The department shall notify the planning and buildingdepartment of each city, county, or regional council of governmentsof any recorded land use restriction imposed pursuant to Section25202.5, 25222.1, 25229, 25230, 25355.5, or 25398.7 within thejurisdiction of the local agency. Upon receiving this notification,the planning and building department shall do both of the following: (1) File all recorded land use restrictions in the property filesof the city, county, or regional council of government. (2) Require that any person requesting a land use which differsfrom those filed land use restrictions on the property apply to thedepartment for a variance or a removal of the land use restrictionspursuant to Section 25233 or 25234. (e) A planning and building department of a city, county, orregional council of governments may assess a property owner areasonable fee to cover the costs of taking the actions required bysubdivision (d). For purposes of this subdivision, "property owner"does not include a person who holds evidence of ownership solely toprotect a security interest in the property, unless the personparticipates, or has a legal right to participate, in the managementof the property. (f) The department shall maintain a list of all recorded land userestrictions, including deed restrictions, recorded pursuant toSections 25200, 25200.10, 25202.5, 25222.1, 25229, 25230, 25355.5,and 25398.7. The list shall, at a minimum, provide the streetaddress, or, if a street address is not available, an equivalentdescription of location for a rural location or the latitude andlongitude, of each property. The department shall update the list asnew deed restrictions are recorded. The department shall make thelist available to the public, upon request, and shall make the listavailable on the department's Internet website. The list shall alsobe incorporated into the list of sites compiled pursuant to Section65962.5 of the Government Code.25221.  (a) Any person as owner, lessor, or lessee who (1) knows, orhas probable cause to believe, that a significant disposal ofhazardous waste has occurred on, under, or into the land which he orshe owns or leases or that the land is within 2,000 feet of asignificant disposal of hazardous waste, and (2) intends to constructor allow the construction on that land of a building or structure tobe used for a purpose which is described in subdivision (b) ofSection 25232 within one year, shall apply to the department prior toconstruction for a determination as to whether the land should bedesignated a hazardous waste property or a border zone propertypursuant to Section 25229. The addition of rooms or living space to an existing single-familydwelling or other minor repairs or improvements to residentialproperty which do not change the use of the property or increase thepopulation density does not constitute the construction of a buildingor structure for purposes of this subdivision. (b) Any person who, as owner, lessor, or lessee, knows or hasprobable cause to believe that land which he or she owns or leases isa hazardous waste property or a border zone property, may apply tothe department for a determination as to whether the land should bedesignated a hazardous waste property or a border zone propertypursuant to Section 25229. (c) If a city or county knows or has probable cause to believethat any land within its jurisdiction is a hazardous waste propertyor a border zone property, the city or county may apply to thedepartment for a determination as to whether that land should bedesignated a hazardous waste property or a border zone propertypursuant to Section 25229. (d) Subdivisions (a), (b), and (c) do not apply to any land onwhich a determination has previously been made pursuant to Section25222.1 or 25229, unless either of the following has occurred sincethat determination: (1) A significant new disposal of hazardous waste has occurred on,under, or into the land. (2) Significant new information about past disposal of hazardouswaste on, or within 2,000 feet of, the land becomes known to theowner, lessor, or lessee of the land or to the city or county.25221.1.  Whenever the department receives an application pursuantto Section 25221, it may request information pursuant to Section25220 to determine whether the land should be designated as hazardouswaste property or border zone property. Upon evaluating allpertinent available information, the department may do any one ormore of the following: (a) Issue a statement that, based on existing documents and otherinformation available to the department, there is no currently knownhazard. (b) Recommend to local land use authorities that they place amoratorium on any new land uses specified in paragraph (1) ofsubdivision (a) of Section 25232, if the department suspects that theland is hazardous waste property, or a moratorium on theconstruction or placement of any building or structure which isintended to be used for any of the purposes specified in paragraph(1) of subdivision (b) of Section 25232, if the department suspectsthat the land is border zone property. (c) Collect additional information, including sampling,monitoring, and analytical data for the purpose of making adetermination as to whether the land should be designated ashazardous waste property or border zone property pursuant to Section25229. (d) Make a determination as to whether the land should bedesignated as hazardous waste property or border zone propertypursuant to Section 25229. (e) Enter into an agreement pursuant to Section 25222.1.25222.  (a) In any case where the department has obtainedinformation which shows that a significant disposal of hazardouswastes has occurred on, under, or in land and that the disposalcreates a significant existing or potential hazard to present orfuture public health or safety, the department may considerdesignating the affected land as hazardous waste property or borderzone property. Whenever the department considers designating land as a hazardouswaste property or a border zone property, it shall issue and cause tobe served upon the owner of the land, and the legislative body ofthe city or county in whose jurisdiction the land is located, anotice of a hearing. The notice shall contain (1) a statement thatthe land is under consideration for designation as a hazardous wasteproperty or a border zone property; (2) a summary of the reasons forthat designation and what significant existing or potential healthhazards are believed to exist; (3) notice of the time, date, andplace of the hearing, and any policy regarding continuance of thehearing; and (4) a form to acknowledge receipt of the notice. (b) Service of the notice of hearing may be made in any mannerpermitted for the service of summons in civil actions, or by mailinga copy of the notice of hearing by first-class mail or airmail,postage prepaid to the person to be served, together with two copiesof the notice of service and acknowledgment specified in subdivision(d) and a return envelope, postage prepaid, addressed to thedepartment. (c) The notice of service specified in subdivision (b) shall be insubstantially the following form: NOTICE OF SERVICE To: (Here state the name of the person to be served.) The accompanying notice of hearing is served pursuant to Section25222 of the California Health and Safety Code. Failure to completethis form and return it to the sender within 20 days may subject you,or the party on whose behalf you are being served, to liability forthe payment of any expenses incurred in serving the notice of hearingupon you in any other manner permitted by law. If you are served onbehalf of a corporation, unincorporated association, including apartnership, or other entity, this form must be signed in the name ofthat entity by you or by a person authorized to receive service ofprocess on behalf of that entity. In all other cases, this form mustbe signed by you personally or by a person authorized by you toacknowledge receipt of summons. Section 25222 provides that theaccompanying notice of hearing is deemed served on the date ofexecution of an acknowledgment of receipt of notice of hearing. ________________________________ (Signature of Sender) ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF HEARING This acknowledges receipt on (insert date) of a copy of the noticeof hearing.  Date: ___________________________________________ (Date this acknowledgment is executed) _________________________________ (Signature of person acknowledging receipt, with title if acknowledgment is made on behalf of another person) (d) Service of a notice of hearing pursuant to this section isdeemed complete on the date a written acknowledgment of receipt ofnotice is executed, if the acknowledgment thereafter is returned tothe department. (e) If the person to whom a copy of the notice of hearing ismailed pursuant to this section fails to complete and return theacknowledgment form set forth in subdivision (b) within 20 days fromthe date of that mailing, the party to whom the notice of hearing wasmailed is liable for reasonable expenses thereafter incurred inserving or attempting to serve the party by any other methodpermitted by this section. The department may bring a single actionto recover all of these expenses in any court of competentjurisdiction and, except for good cause shown, the court upon motion,with or without notice to that person, shall award the departmentthese expenses.25222.1.  (a) Notwithstanding Sections 25222, 25229, 25232, and25233, any person may enter into an agreement with the departmentregarding that person's property, or a portion thereof, whichprovides for restricting specified uses of the property, asdetermined by all parties to the agreement. Except as otherwiseprovided in this article, the agreement is irrevocable and shall berecorded by the owner, pursuant to paragraph (1) of subdivision (a)of Section 25230, as a hazardous waste easement, covenant,restriction, or servitude, or any combination thereof, asappropriate, upon the present and future uses of the land. Thatperson shall bear all costs incurred in determining the specific landuse restrictions for that person's property, or a portion thereofpursuant to this subdivision. (b) By entering into this agreement with respect to a portion of aproperty, the department is not precluded from taking action todesignate the remainder of the property as hazardous waste or borderzone property.25223.  Public notice of any hearing conducted pursuant to Section25222, or of any agreement proposed to be entered into pursuant toSection 25222.1, shall be provided by the department at least 30 daysbefore the hearing or execution of the agreement. The notice shallbe given by publication once in a newspaper of general circulationpublished and circulated in the locale or, if there is none, byposting the notice in at least three public places in the locale. Inthe case of a proposed agreement, the department shall also givenotice to the city or county in whose jurisdiction the property islocated. Public comment on any proposed agreement pursuant to Section25222.1 shall be submitted to the department in writing.25224.  The hearing shall be held before the director, or any agentor agency designated by the director for that purpose, not less than30 days or more than 90 days after the notice. The department maydelay the hearing upon request of any interested person.25226.  The persons served shall have the right to file a responseto the notice and to appear in person or otherwise and give testimonyat the place and time fixed in the notice. At the discretion of thedirector, agent, or agency conducting the hearing, any interestedperson may be allowed to intervene in the proceeding and to presenttestimony. Any such proceeding shall, so far as practicable, beconducted pursuant to the provisions of Chapter 5 (commencing withSection 11500) of Part 1 of Division 3 of Title 2 of the GovernmentCode. All proceedings shall be appropriately reported, and thetestimony taken shall be reduced to writing and filed with thedirector. Thereafter, at his or her discretion, the director, uponnotice, may take further testimony or hear argument.25227.  Discovery for a hearing held pursuant to this article shallbe conducted as provided in Sections 11507.6, 11507.7, 11510, and11511 of the Government Code.25228.  (a) With regard to designating land as a hazardous wasteproperty, the department shall have the burden of proving thathazardous waste has been deposited on, under, or in the land and thatthe hazardous waste creates a significant existing or potentialhazard to present or future public health or safety on the hazardouswaste property. (b) With regard to designating land as a border zone property, thedepartment shall have the burden of proving that hazardous waste hasbeen deposited within 2,000 feet of the land and that the hazardouswaste creates a significant existing or potential hazard to presentor future public health or safety on the border zone property.25229.  (a) If, after the hearing, the director makes the decisionthat the subject land should not be designated a hazardous wasteproperty or border zone property, the director shall issue thatdecision in writing and serve it in the manner provided insubdivision (c). (b) If, after the hearing, the director makes the decision, upon apreponderance of the evidence, including any evidence developed atany time prior to the hearing, that the land should be designated ahazardous waste property or a border zone property, the directorshall issue that decision in writing, which shall identify thesubject land, or portion thereof, by street address, assessor'sparcel number, or legal description and the name of the owner ofrecord, contain findings of fact based upon the issues presented,including the reasons for this designation, the substances on, under,or in the land, and the significant existing or potential hazards topresent or future public health and safety, and order every owner ofthe designated land to take all of the following actions: (1) Execute before a notary a written instrument which imposes aneasement, covenant, restriction, or servitude, or any combinationthereof, as appropriate, upon the present and future uses of the landpursuant to Section 25230. The written instrument shall also includea copy of the director's decision. (2) Return the executed instrument to the director within 30 daysafter the decision is delivered or mailed. Within 10 days afterreceiving the instrument, the director shall execute the writteninstrument and return the instrument to the owner. (3) Record the written instrument pursuant to Section 25230 within10 days after receiving the written instrument executed by thedirector, as specified in paragraph (2). (4) Return the recorded written instrument to the director within10 days after the owner records the instrument, as specified inparagraph (3). (c) Copies of the determination shall be delivered or sent bycertified mail to the owner of the property, the legislative body ofthe city or county in whose jurisdiction the land is located, and anyother persons who were served pursuant to Section 25222 or who werepermitted to intervene in the proceeding pursuant to Section 25226. (d) Failure or refusal to comply with any order issued pursuant tothis section shall be treated in the manner provided by Article 12(commencing with Section 11455.10) of Chapter 4.5 of Part 1 ofDivision 3 of Title 2 of the Government Code.25230.  (a) Upon a decision that the subject land shall bedesignated as hazardous waste property or border zone propertypursuant to Section 25229, the director shall notify the owner of theproperty and the legislative body of the city or county in whosejurisdiction the land is located and any other persons who werepermitted to intervene in the proceeding, and shall issue orders toevery owner of the land requiring all of the following: (1) The notarized execution and recordation of a writteninstrument which imposes an easement, covenant, restriction, orservitude, or combination thereof, as appropriate, upon the presentand future uses of all or part of the land which has been designateda hazardous waste property or a border zone property as provided bySection 25232, and which provides that removal of the easement,covenant, restriction, or servitude, or any combination thereof, asappropriate, shall be in accordance with Section 25234. The easement,covenant, restriction, or servitude, or any combination thereof, asappropriate, shall be executed by all the owners of the land and bythe director, shall particularly describe the real property affectedby the instrument, and, if applicable, the location of the easement,covenant, restriction, or servitude, or any combination thereof, asappropriate, on the real property. The easement, covenant,restriction, or servitude, or any combination thereof, asappropriate, shall be recorded with the recorder of the county inwhich the land is located within 10 days after the instrument, asexecuted by the director, is received by the owner and shall beindexed by the county recorder in the grantor index in the name ofthe record title owner of the real property and in the grantee indexin the name of the department. The easement, covenant, restriction,or servitude, or any combination thereof, as appropriate, shall statethat the land described in the instrument is subject to a hazardouswaste easement, covenant, restriction, or servitude, or anycombination thereof, as appropriate. Notwithstanding any otherprovision of law, an easement, covenant, restriction, or servitude,or any combination thereof, as appropriate, executed pursuant to thissection shall run with the land from the date of recordation andshall be binding upon all of the owners of the land, their heirs,successors, and assignees, and the agents, employees, or lessees ofthe owners, heirs, successors, and assignees, unless it is removedpursuant to Section 25234. The easement, covenant, restriction, orservitude, or any combination thereof, as appropriate, shall beenforceable by the department pursuant to Article 8 (commencing withSection 25180). (2) The execution and delivery of a written instrument toaccompany all purchase, lease, or rental agreements relating to theland which has been designated a hazardous waste property or a borderzone property. The instrument shall be prepared by the owner orlessor of the land and shall contain the following statement: "The land described herein contains hazardous waste or is within2,000 feet of land that contains hazardous waste. This conditionrenders the land and the owner, lessee, or other possessor of theland subject to the requirements, restrictions, provisions, andliabilities contained in Chapter 6.5 (commencing with Section 25100)of Division 20 of the Health and Safety Code. This statement is not adeclaration that a hazard exists." (b) In any case where the department has made reasonable effortsto obtain execution of the easement, covenant, restriction, orservitude, or any combination thereof, as appropriate, and the owneror owners have failed or refused to execute it, the department mayapply to the court for an order imposing the easement, covenant,restriction, or servitude, or any combination thereof, asappropriate. The issued order shall be recorded in the same manner asan executed instrument, as specified in paragraph (1) of subdivision(a). (c) Any hazardous waste easement, covenant, restriction, orservitude, or any combination thereof, as appropriate, executedpursuant to this section shall be exclusively for the purpose ofprotecting the public health and safety and shall convey no interestin real or other property to the state. Notwithstanding any otherprovision of law, any easement, covenant, restriction, or servitude,or any combination thereof, as appropriate, held by the departmentshall not be sold or otherwise transferred to another person.25231.  A decision of the director made pursuant to Section 25229shall be reviewable pursuant to Section 1094.5 of the Code of CivilProcedure.25232.  (a) Except as provided in subdivision (c) of this section,after the director has provided notice in compliance with Section25222 and a hearing or decision regarding specific land is pending,or after a hearing has been conducted and a decision has been madepursuant to Section 25229 that land is a hazardous waste property,then none of the following shall occur on the land without a specificvariance approved in writing by the department for the land use andland in question: (1) Any new use of the land, other than the use, modification, orexpansion of an existing industrial or manufacturing facility orcomplex on land which is owned by, or held for the beneficial use of,such facility or complex as of January 1, 1981, and which is ahazardous waste property as defined in Section 25117.3. (2) Subdivision of such land, as that term is used in Division 2(commencing with Section 66410) of Title 7 of the Government Code,except that this paragraph shall not prevent the division of a parcelof land so as to divide that portion of the parcel which isdesignated a hazardous waste property from other portions of suchparcel not so designated. (b) Except as provided in subdivision (c) of this section, afterthe director has provided notice in compliance with Section 25222 anda hearing or decision regarding specific land is pending, or after ahearing has been conducted and a decision has been made pursuant toSection 25229 that land is a border zone property, then none of thefollowing shall occur on the land without a specific varianceapproved in writing by the department for the land use and land inquestion: (1) Construction or placement of a building or structure on theland which is intended for use as any of the following, or the newuse of an existing structure for the purpose of serving as any of thefollowing: (A) A residence, including any mobilehome or factory built housingconstructed or installed for use as permanently occupied humanhabitation, except that the addition of rooms or living space to anexisting single-family dwelling or other minor repairs orimprovements to residential property which do not change the use ofthe property or increase the population density does not constituteconstruction or placement of a building or structure for the purposesof this paragraph. (B) A hospital for humans. (C) A school for persons under 21 years of age. (D) A day care center for children. (E) Any permanently occupied human habitation other than thoseused for industrial purposes. (2) Subdivision of such land, as that term is used in Division 2(commencing with Section 66410) of Title 7 of the Government Code,except that this paragraph shall not prevent the division of a parcelof land so as to divide that portion of the parcel which isdesignated a border zone property from other portions of such parcelnot so designated. (c) This section shall not apply to a portion of a parcel of landwhich is determined by the director to meet all of the followingrequirements: (1) The parcel has been previously classified as a class II-1disposal site as defined in Section 2510 or 2511 of Title 23 of theCalifornia Administrative Code. (2) The portion of the parcel is physically isolated from theremainder of the classified parcel by the construction of a freeway,as defined in Section 332 of the Vehicle Code, which divides theclassified parcel. (3) The portion of the parcel has not been used as a hazardouswaste disposal site. (4) The portion of the parcel does not contain or overliehazardous waste.25233.  (a) Any aggrieved person may apply to the department for awritten variance from a land use restriction, including therequirements set forth in subdivision (a) or (b) of Section 25232.Any application shall contain sufficient evidence for the departmentto issue a notice for a hearing. The notice shall contain both of thefollowing: (1) A statement of all of the following that apply: (A) Land use restrictions have been imposed on the land. (B) A hearing is pending on the land. (C) The land has been designated a hazardous waste property orborder zone property. (2) A statement of who is applying for a variance, the proposedvariance, and a statement of the reasons in support of the grantingof a variance. (b) The procedures for the conducting of the hearing specified insubdivision (a) are those set forth in this article. No person shallmake a subsequent application pursuant to this section within 18months of a final decision on an application by the department. Aperson applying for a variance pursuant to this section shall pay thedepartment for all costs incurred by the department relating to theapplication. (c) The applicant shall have the burden of proving at the hearingthat the variance will not cause or allow any of the followingeffects associated with hazardous waste or extremely hazardous waste: (1) The creation or increase of significant present or futurehazards to public health. (2) Any significant diminution of the ability to mitigate anysignificant potential or actual hazard to public health. (3) Any long-term increase in the number of humans or animalsexposed to significant hazards which affect the health, well-being,or safety of the public. (d) If, upon the preponderance of the testimony taken, thedirector is of the opinion that the variance should be granted, thedirector shall issue and cause to be served his or her decision andfindings of fact on the owner of the land, the legislative body ofthe city or county in whose jurisdiction the land is located, andupon any other persons who were permitted to intervene in theproceedings. The findings of fact shall include the exact nature ofthe proposed variance and the reasons in support of the granting ofthe variance. (e) If the director is of the opinion that the variance should notbe granted, the director shall issue and cause to be served his orher findings of fact in support of the denial on the partiesmentioned in subdivision (c). (f) The department shall record within 10 days any final decisionmade by the director pursuant to this section as provided in Section25235. (g) A decision of the director made after a hearing held pursuantto this section shall be reviewable pursuant to Section 1094.5 of theCode of Civil Procedure and shall be upheld if the court finds thatit is supported by substantial evidence.25234.  (a) Any aggrieved person may apply to the department toremove a land use restriction, including a designation that the landis a hazardous waste property or a border zone property on thegrounds that the waste no longer creates a significant existing orpotential hazard to present or future public health or safety. Noperson shall make a subsequent application pursuant to this sectionwithin 12 months of a final decision on an application by thedepartment. A person applying to the department pursuant to thissection shall pay the department all costs incurred by the departmentrelating to the application. Any application shall containsufficient evidence for the department to make a finding upon any orall of the following grounds: (1) The hazardous waste which caused the land to be restricted ordesignated has since been removed or altered in a manner whichprecludes any significant existing or potential hazard to present orfuture public health. (2) New scientific evidence is available since the restriction ordesignation of the land or the making of any previous applicationpursuant to this section, concerning either of the following: (A) The nature of the hazardous waste which caused the land to bedesignated. (B) The geology or other physical environmental characteristics ofthe designated land. (b) Any aggrieved person may appeal a determination of thedepartment made pursuant to subdivision (a) by submitting a requestfor a hearing to the director. The request shall be mailed bycertified mail not later than 30 days after the date of the mailingof the department's decision on the application. (c) Upon receipt of a timely appeal, the director shall givenotice of a hearing pursuant to the procedures set forth in thisarticle. (d) The department shall record within 10 days any new and finaldetermination made by the department pursuant to this section asprovided in Section 25235. (e) A determination made by the department, after a hearing heldpursuant to this section, shall be reviewable pursuant to Section1094.5 of the Code of Civil Procedure and shall be upheld if thecourt finds that it is supported by substantial evidence. (f) Whenever there is a final determination pursuant to thissection removing a land use restriction, including the designation ofa hazardous waste property or a border zone property, the easement,covenant, restriction, or servitude imposed on the land created bySection 25222.1, 25230, or 25355.5 shall automatically terminate. Thedepartment shall record or cause to be recorded within 10 days atermination of the easement, covenant, restriction, or servitudewhich shall particularly describe the real property subject to theeasement, covenant, restriction, or servitude and which shall beindexed by the recorder in the grantee index in the name of therecord title owner of the real property subject to the easement,covenant, restriction, or servitude, and in the grantor index in thename of the department.25235.  The department shall record within 10 days any final writteninstrument made pursuant to Section 25222.1 or 25230 with the countyrecorder of the county in which the property is located. Anyrecordation made pursuant to this article or Section 25202.5 or25355.5 shall include the street address, assessor's parcel number,or legal description of each parcel affected and the name of theowner thereof, and the recordation shall be recorded by the recorderin the grantor index in the name of the record title owner of thereal property and in the grantee index in the name of the department.25236.  (a) Prior to, or simultaneously with, utilizing theprovisions of this article, the department shall diligently pursuefeasible civil and criminal actions against any operator or otherresponsible party who violates any provision of this chapter orChapter 6.8 (commencing with Section 25300) and the regulationspromulgated under those chapters. However, nothing in this chaptershall be construed as restricting or diminishing any remedy providedby law to the owner or possessor of any land which is affected byhazardous waste on or near the land against any person who producedthe waste or against any other person who was responsible for thecondition affecting the property. (b) A designation by the department pursuant to Section 25230shall constitute a land use restriction. Except as specificallyprovided in this chapter, nothing in this chapter shall diminish orlimit the authority of any city or county to approve or disapproveproposed land uses. Nothing in this chapter shall be construed torequire a local government to permit a particular land use,including, but not limited to, commercial, industrial, agricultural,or other nonresidential use, on land which has been designatedhazardous waste property or border zone property pursuant to Section25230.25237.  If any provision of this article or the application thereofto any person or circumstance is held invalid, such holding shall notaffect other provisions or applications of this article which can begiven effect without the invalid provision or application, and tothis end, the provisions of the article are severable.25239.  All costs associated with the administration of this articleby the department, including, but not limited to, costs incurred toimplement Section 25156 and 25220, shall be paid from the HazardousWaste Control Account in the General Fund.25240.  An assessor shall consider any restrictive easement,covenant, restriction, or servitude adopted pursuant to Section25202.5, 25222.1, or 25355.5 or any easement, covenant, restriction,or servitude imposed pursuant to Section 25230 as an enforceableeasement, covenant, restriction, or servitude subject to Section402.1 of the Revenue and Taxation Code and shall appropriatelyreassess any land, the use of which has been so restricted, at thelien date following the adoption or imposition of the easement,covenant, restriction, or servitude.25241.  The provisions of this article shall not apply to hazardouswaste property as defined in paragraph (1) of subdivision (a) ofSection 25117.3. Such property shall be regulated by the departmentpursuant to Section 25202.5 in order to protect the present andfuture public health and safety from hazardous waste.