25395.1. As used in this article, the following terms have the
following meaning:
(a) "Private site manager" means an individual who is registered
as a class II environmental assessor pursuant to Section 25570.3.
(b) "Private site management team" means a group coordinated by a
private site manager, which may consist of any or all of the
following persons:
(1) A person holding a four-year bachelor of science degree from
an accredited college or university who has done significant work in
biological, chemical, physical, environmental or soil geology,
hydrology, hydrogeology, environmental health, environmental
engineering, toxicology, industrial hygiene, or a related field.
(2) An environmental engineer holding a four-year bachelor of
science in engineering degree from an accredited college or
university.
(3) An engineer registered in the State of California.
(4) A geologist registered in the State of California.
(5) A certified hydrogeologist registered in the State of
California.
(6) A certified engineering geologist registered in the State of
California.
(7) A geophysicist registered in the State of California.
(8) An industrial hygienist or safety engineer registered in the
State of California.
(9) A process engineer holding a four-year bachelor of science
degree in engineering from an accredited college or university.
(10) A petroleum engineer holding a four-year bachelor of science
degree in engineering from an accredited college or university.
(11) The necessary technical support personnel and equipment
operators, as determined by the private site manager.
(c) "Project proponent" means any person who applies to the
department for approval to conduct the response to a release or
threatened release of hazardous substances pursuant to this article.
(d) "Independent," as used in subdivision (b) of Section 25395.3,
means that the private site manager or the members of the private
site management team meet all of the following requirements:
(1) The site manager or team member is not an employee of the
project proponent, a known responsible party, or a prospective buyer
of the site property.
(2) The site manager or team member is not a general partner, or a
limited partner, with any project proponent, known responsible
party, or prospective buyer of the site property.
(3) The site manager or team member is not a shareholder in the
project proponent entity, known responsible party, or a prospective
buyer of the site property.
(4) The site manager or team member does not receive any source of
income from the project proponent, known responsible party, or a
prospective buyer of the site property, other than the payment of
fees for professional services.
(5) The site manager or team member does not accept, or agree to
accept, any payment that is in any way contingent upon the completion
of a response action of the site as a private site management
project.
25395.2. A private site manager may conduct investigations of
potential hazardous substance release sites using preliminary
endangerment assessment procedures approved by the department. If,
upon completion of an investigation, a private site manager
determines that because a significant release of hazardous substances
has not occurred, site conditions do not require any further
investigation or remedial action, the private site manager may submit
a report to the department certifying that no further action is
required at the site. Unless the department issues a written notice
of disagreement to the private site manager within 60 days from the
date of receipt of the report, the department shall be deemed to be
in agreement with the report and shall designate the site as a site
which requires no further action. The department may subsequently
change that site designation status upon receipt and confirmation of
evidence that the physical environment of the site conditions differ
from the findings of a report submitted by a private site manager.
The department shall not designate a site under this section as a
site that requires no further action if the release of hazardous
substances has caused, or threatens to cause, discharges to waters of
the state.
25395.3. If, upon completion of a site investigation, a private
site manager or the department determines that a significant release
of a hazardous substance has occurred, or is likely to have occurred,
a project proponent may submit an application to the department
requesting that a response action be conducted under private site
management pursuant to this article. The application for a response
action shall include both of the following:
(a) Where a site investigation was conducted by a private site
manager, the private site manager shall provide the department with a
report of the site findings based on the investigation. In all
cases, the application shall set forth reasons why the site is
appropriate for a private response action and management based on the
information available at the time that the application is submitted
to the department. Sites shall be deemed appropriate for private site
management if all the following conditions exist:
(1) There is a substantial likelihood that no further significant
environmental damage or exposure to humans will occur as the response
action is implemented.
(2) The site is not adjacent to residential property, as defined
in Section 1675 of the Civil Code, or a school, day care center for
children, or a hospital.
(3) The site is not, or is not being used as, residential
property, as defined in Section 1675 of the Civil Code, or a school,
day care center for children, or a hospital.
(4) Releases of hazardous substances at the site did not result in
discharges to groundwater.
(5) An enforceable agreement that specifies how response action
will be conducted is not applicable to the site.
(b) The name and a statement of qualifications of any private site
manager proposed for the site. The proposed private site manager
shall be independent of the project proponent, all known responsible
parties, and prospective buyers of the site property.
25395.4. (a) If the department approves an application for private
site management, a private site management team shall be designated
to perform the activities authorized by this article. The
professional staff of the private site management team shall be
comprised, at a minimum, of persons with qualifications and levels of
experience which shall be specified by the department based upon the
conditions at the site which require response action.
(b) At least one member of the proposed team shall have
demonstrable experience or training in public participation, risk
communication, and community involvement, except that the member
shall not be required to be a registered or certified professional.
Each member of the proposed team shall be independent of the project
proponent, known responsible parties, and prospective buyers of the
site property.
(c) If, at any time, the documented physical conditions at the
site change or physical conditions previously unknown to the
department are identified, the department may rescind approval of the
proposed project or may require the private site management team to
include additional professional staff members with expertise
appropriate to the physical conditions at the site. The addition of
new professional level team members proposed by the private site
manager shall be approved by the department, but the department shall
not unreasonably withhold that approval.
25395.5. (a) If the private site management team determines that
the response action will include a removal or remedial action, the
approved private site management team shall prepare a draft removal
action work plan or remedial action plan. The draft removal action
work plan or remedial action plan may be prepared without oversight
by the department, but shall be prepared in accordance with all of
the requirements of this chapter, or Chapter 6.85 (commencing with
Section 25396) in the case of sites selected pursuant to Section
25396.6, and other applicable regulations and guidance documents
adopted or issued by the department.
(b) The private site management team shall submit the draft
removal action work plan or remedial action plan to the department
for approval, and the department shall approve or reject the work
plan or remedial action plan within 60 days from the date of
submittal by a private site manager. If a plan is rejected, the
department shall identify the principal reasons for the rejection,
and shall describe the actions needed to adequately address
deficiencies in the plan.
25395.6. (a) The private site management team shall, in the case of
sites selected pursuant to Section 25396.6, prepare a remedial
design for the implementation of the response action that is selected
in the final remedial action plan that is prepared and approved in
accordance with the requirements of this chapter, or Chapter 6.85
(commencing with Section 25396), and applicable regulations and
guidance documents adopted or issued by the department. The remedial
design may be prepared by the private site management team without
oversight by the department, and shall be submitted to the department
for approval.
(b) The department shall approve or reject a final remedial design
within 60 days from the date of submittal by a private site
management team. If a design is rejected, the department shall
identify the principal reasons for the rejection, and shall describe
the actions needed to adequately address deficiencies in the design.
25395.7. The private site management team shall implement the
response action set forth in the approved final removal action work
plan or remedial action plan and remedial design. The implementation
of the response action may be conducted without oversight by the
department.
25395.8. (a) Upon completion of a response action, the private site
manager shall file a request for a certificate of completion from
the department. The request for a certificate of completion submitted
by a private site manager shall include all of the information
required by the department, and, at a minimum, shall include all of
the following additional information:
(1) A summary of all response action taken.
(2) All sample results for a certified laboratory confirming that
the site has been fully remediated as required by the final removal
action work plan or remedial action plan and in accordance with the
remedial design approved by the department.
(b) In addition, the department may require submittal of any or
all of the following documentation:
(1) A north-south and east-west cross section of the site geology,
that is signed by a geologist, geophysicist, engineering geologist,
or hydrogeologist who is registered in the State of California, and
that evaluates the hydrogeologic conditions of the site.
(2) Horizontal and vertical surveys of all wells, caps, and
facilities that are required by the final removal action work plan or
final remedial action plan approved by the department.
(3) As-built drawings of any physical construction that is
required by the removal action work plan or remedial action plan
approved by the department, and that is signed by an engineer
registered in the State of California.
(4) Copies of land use controls that are required by the removal
action work plan or remedial action plan approved by the department,
and that have been recorded by the county recorder in the county in
which the site is located.
(5) A plan for the implementation of any operation and maintenance
measures that are required by the final removal action work plan or
remedial action plan approved by the department.
(c) The department shall review the request for a certificate of
completion, and shall approve or reject a request for certificate of
completion within 30 days from the date of submittal by the private
site manager. If a request is rejected, the department shall identify
the principal reasons for the rejection and describe the actions
needed to amend the application to adequately address the
deficiencies that are identified by the department.
(d) If the department approves the request for a certificate of
completion, it shall prepare a certification which shall include a
certificate of completion, requirements for ongoing reporting and
operation and maintenance, and a description of applicable land use
controls of a site. The certification shall be provided to the
project proponent, all known responsible parties, owners of
properties located adjacent to the site, and shall be made available
to the public.
25395.9. No designated officer or employee of the California
Environmental Protection Agency or its constituent boards,
departments, or offices shall serve as a private site manager or
member of a private site management team for the first 12 months
following the termination of the officer's or employee's appointment
or employment with the agency, constituent board, department, or
office.
25395.10. (a) The private site manager and each member of a private
site management team shall sign and certify all work performed by,
and or directed by, that person.
(b) The private site manager and each member of the professional
staff of the private site management team shall have appropriate
insurance as required by the department.
25395.11. Except as otherwise specified in this article, all the
requirements of this chapter, or Chapter 6.85 (commencing with
Section 25396) in the case of sites selected pursuant to Section
25396.6, and any other applicable regulation and guidance document or
manual adopted or issued by the department, shall apply to sites
approved for private site management. The requirements of Division 13
(commencing with Section 21000) of the Public Resources Code shall
apply to response actions conducted pursuant to this article in the
same manner, and to the same extent, that the requirements apply to
response actions otherwise conducted pursuant to this chapter or
Chapter 6.85 (commencing with Section 25396). If, at any time, the
department finds that a private site manager or a private site
management team is not in compliance with the requirements of this
chapter or Chapter 6.85 (commencing with Section 25396), the
department may, pursuant to this article, withdraw its approval for
the conduct of a response action on the site.
25395.12. (a) The department shall conduct audits of a minimum of
25 percent of the sites where a private site manager or private site
management team has conducted a site investigation or response action
without oversight by the department, except with respect to cases
where oversight is otherwise required under this article, and where
the department has been requested to issue or has issued a
certificate of completion.
(b) A private site manager and any member of a private site
management team shall provide an authorized representative of the
department with complete access, at any reasonable hour of the day,
to all technical data, reports, records, environmental samples,
photographs, maps, and files that are materially related to a
response action conducted pursuant to this article.
25395.13. (a) Any private site manager or member of a private site
management team who commits any of the following acts shall be
punished, upon conviction, by a fine of not less than two thousand
dollars ($2,000) or by imprisonment in the county jail for not more
than one year, or both that fine and imprisonment, if the private
site manager or any member of a private site management team does any
of the following:
(1) Knowingly makes any materially false or inaccurate statement
in any application, record, report, certification, plan, design, or
statement that the private site manager or the private site
management team submits to the department.
(2) Knowingly makes any materially false or inaccurate statement
in any record, report, plan, file, log, or register that the private
site management team keeps, or is required to keep, pursuant to any
law.
(3) Knowingly and materially falsifies, tampers with, alters,
destroys, or disturbs any mechanism, recovery, or control system, or
any monitoring device or method that the private site manager or the
private site management team maintains, or that is required to be
maintained pursuant to any law, regulation, or order for the
protection of the public health and safety or the environment.
(4) Knowingly allows or orders any of the private site manager's
or the private site management team's employees, agents, or
contractors to do any of the actions specified in paragraphs (1) to
(3), inclusive.
(b) Any private site manager or member of a site private
management team who knowingly, or with reckless disregard for the
risk, treats, handles, transports, disposes of, or stores any
hazardous substance in a manner that causes any unreasonable risk of
fire, explosion, serious injury, or death, is guilty of a public
offense and shall, upon conviction, be punished by a fine of not less
than five thousand dollars ($5,000) nor more than two hundred fifty
thousand dollars ($250,000) for each day of a violation, by
imprisonment in the county jail for not more than one year, by
imprisonment in the state prison for 16, 24, or 36 months, or by both
that fine and imprisonment.
(c) Any private site manager or member of a private site
management team who knowingly, at the time the manager or member
takes any of the actions specified in subdivision (b), places another
person in imminent danger of death or serious bodily injury, is
guilty of a public offense and shall, upon conviction, be punished by
a fine of not less than five thousand dollars ($5,000) or more than
two hundred fifty thousand dollars ($250,000) for each day of the
violation.
(d) Each day that a violation of subdivision (a) occurs, or
continues to occur, shall be considered a separate offense. A fine
imposed pursuant to subdivision (a) shall not exceed, in the
aggregate, twenty-five thousand dollars ($25,000), and the term of
imprisonment shall not exceed, in the aggregate, one year.
(e) Notwithstanding any other provision of law, all penalties
collected pursuant to this section shall be transferred to the
department for deposit in the trust fund for expenditure by the
department, upon appropriation by the Legislature, to administer and
enforce this article.
25395.14. The project proponent for a site subject to response
action pursuant to this article shall fully reimburse the department
for all reasonable costs incurred by the department, including those
costs associated with the department's involvement in the
investigation, remediation, certification, and audit process at that
site. Any of the reasonable costs that are incurred by the department
which relate to the specific project costs, and that are not
reimbursed by the project proponent shall be recovered from the
responsible parties pursuant to Section 25360.
25395.15. The department shall adopt minimum standards of
performance that shall apply to the activities and conduct of private
site managers and members of private site management teams that
conduct response actions pursuant to this article. The standards
shall be consistent with the requirements of this article and with
generally accepted professional standards that apply to persons who
engage in the types of work that are required to conduct hazardous
substance release response actions pursuant to this chapter. The
minimum standards of performance shall be adopted as expeditiously as
possible, but not later than six months from the date that the
department first begins accepting applications pursuant to Section
25395.3.
25395.1. As used in this article, the following terms have the
following meaning:
(a) "Private site manager" means an individual who is registered
as a class II environmental assessor pursuant to Section 25570.3.
(b) "Private site management team" means a group coordinated by a
private site manager, which may consist of any or all of the
following persons:
(1) A person holding a four-year bachelor of science degree from
an accredited college or university who has done significant work in
biological, chemical, physical, environmental or soil geology,
hydrology, hydrogeology, environmental health, environmental
engineering, toxicology, industrial hygiene, or a related field.
(2) An environmental engineer holding a four-year bachelor of
science in engineering degree from an accredited college or
university.
(3) An engineer registered in the State of California.
(4) A geologist registered in the State of California.
(5) A certified hydrogeologist registered in the State of
California.
(6) A certified engineering geologist registered in the State of
California.
(7) A geophysicist registered in the State of California.
(8) An industrial hygienist or safety engineer registered in the
State of California.
(9) A process engineer holding a four-year bachelor of science
degree in engineering from an accredited college or university.
(10) A petroleum engineer holding a four-year bachelor of science
degree in engineering from an accredited college or university.
(11) The necessary technical support personnel and equipment
operators, as determined by the private site manager.
(c) "Project proponent" means any person who applies to the
department for approval to conduct the response to a release or
threatened release of hazardous substances pursuant to this article.
(d) "Independent," as used in subdivision (b) of Section 25395.3,
means that the private site manager or the members of the private
site management team meet all of the following requirements:
(1) The site manager or team member is not an employee of the
project proponent, a known responsible party, or a prospective buyer
of the site property.
(2) The site manager or team member is not a general partner, or a
limited partner, with any project proponent, known responsible
party, or prospective buyer of the site property.
(3) The site manager or team member is not a shareholder in the
project proponent entity, known responsible party, or a prospective
buyer of the site property.
(4) The site manager or team member does not receive any source of
income from the project proponent, known responsible party, or a
prospective buyer of the site property, other than the payment of
fees for professional services.
(5) The site manager or team member does not accept, or agree to
accept, any payment that is in any way contingent upon the completion
of a response action of the site as a private site management
project.
25395.2. A private site manager may conduct investigations of
potential hazardous substance release sites using preliminary
endangerment assessment procedures approved by the department. If,
upon completion of an investigation, a private site manager
determines that because a significant release of hazardous substances
has not occurred, site conditions do not require any further
investigation or remedial action, the private site manager may submit
a report to the department certifying that no further action is
required at the site. Unless the department issues a written notice
of disagreement to the private site manager within 60 days from the
date of receipt of the report, the department shall be deemed to be
in agreement with the report and shall designate the site as a site
which requires no further action. The department may subsequently
change that site designation status upon receipt and confirmation of
evidence that the physical environment of the site conditions differ
from the findings of a report submitted by a private site manager.
The department shall not designate a site under this section as a
site that requires no further action if the release of hazardous
substances has caused, or threatens to cause, discharges to waters of
the state.
25395.3. If, upon completion of a site investigation, a private
site manager or the department determines that a significant release
of a hazardous substance has occurred, or is likely to have occurred,
a project proponent may submit an application to the department
requesting that a response action be conducted under private site
management pursuant to this article. The application for a response
action shall include both of the following:
(a) Where a site investigation was conducted by a private site
manager, the private site manager shall provide the department with a
report of the site findings based on the investigation. In all
cases, the application shall set forth reasons why the site is
appropriate for a private response action and management based on the
information available at the time that the application is submitted
to the department. Sites shall be deemed appropriate for private site
management if all the following conditions exist:
(1) There is a substantial likelihood that no further significant
environmental damage or exposure to humans will occur as the response
action is implemented.
(2) The site is not adjacent to residential property, as defined
in Section 1675 of the Civil Code, or a school, day care center for
children, or a hospital.
(3) The site is not, or is not being used as, residential
property, as defined in Section 1675 of the Civil Code, or a school,
day care center for children, or a hospital.
(4) Releases of hazardous substances at the site did not result in
discharges to groundwater.
(5) An enforceable agreement that specifies how response action
will be conducted is not applicable to the site.
(b) The name and a statement of qualifications of any private site
manager proposed for the site. The proposed private site manager
shall be independent of the project proponent, all known responsible
parties, and prospective buyers of the site property.
25395.4. (a) If the department approves an application for private
site management, a private site management team shall be designated
to perform the activities authorized by this article. The
professional staff of the private site management team shall be
comprised, at a minimum, of persons with qualifications and levels of
experience which shall be specified by the department based upon the
conditions at the site which require response action.
(b) At least one member of the proposed team shall have
demonstrable experience or training in public participation, risk
communication, and community involvement, except that the member
shall not be required to be a registered or certified professional.
Each member of the proposed team shall be independent of the project
proponent, known responsible parties, and prospective buyers of the
site property.
(c) If, at any time, the documented physical conditions at the
site change or physical conditions previously unknown to the
department are identified, the department may rescind approval of the
proposed project or may require the private site management team to
include additional professional staff members with expertise
appropriate to the physical conditions at the site. The addition of
new professional level team members proposed by the private site
manager shall be approved by the department, but the department shall
not unreasonably withhold that approval.
25395.5. (a) If the private site management team determines that
the response action will include a removal or remedial action, the
approved private site management team shall prepare a draft removal
action work plan or remedial action plan. The draft removal action
work plan or remedial action plan may be prepared without oversight
by the department, but shall be prepared in accordance with all of
the requirements of this chapter, or Chapter 6.85 (commencing with
Section 25396) in the case of sites selected pursuant to Section
25396.6, and other applicable regulations and guidance documents
adopted or issued by the department.
(b) The private site management team shall submit the draft
removal action work plan or remedial action plan to the department
for approval, and the department shall approve or reject the work
plan or remedial action plan within 60 days from the date of
submittal by a private site manager. If a plan is rejected, the
department shall identify the principal reasons for the rejection,
and shall describe the actions needed to adequately address
deficiencies in the plan.
25395.6. (a) The private site management team shall, in the case of
sites selected pursuant to Section 25396.6, prepare a remedial
design for the implementation of the response action that is selected
in the final remedial action plan that is prepared and approved in
accordance with the requirements of this chapter, or Chapter 6.85
(commencing with Section 25396), and applicable regulations and
guidance documents adopted or issued by the department. The remedial
design may be prepared by the private site management team without
oversight by the department, and shall be submitted to the department
for approval.
(b) The department shall approve or reject a final remedial design
within 60 days from the date of submittal by a private site
management team. If a design is rejected, the department shall
identify the principal reasons for the rejection, and shall describe
the actions needed to adequately address deficiencies in the design.
25395.7. The private site management team shall implement the
response action set forth in the approved final removal action work
plan or remedial action plan and remedial design. The implementation
of the response action may be conducted without oversight by the
department.
25395.8. (a) Upon completion of a response action, the private site
manager shall file a request for a certificate of completion from
the department. The request for a certificate of completion submitted
by a private site manager shall include all of the information
required by the department, and, at a minimum, shall include all of
the following additional information:
(1) A summary of all response action taken.
(2) All sample results for a certified laboratory confirming that
the site has been fully remediated as required by the final removal
action work plan or remedial action plan and in accordance with the
remedial design approved by the department.
(b) In addition, the department may require submittal of any or
all of the following documentation:
(1) A north-south and east-west cross section of the site geology,
that is signed by a geologist, geophysicist, engineering geologist,
or hydrogeologist who is registered in the State of California, and
that evaluates the hydrogeologic conditions of the site.
(2) Horizontal and vertical surveys of all wells, caps, and
facilities that are required by the final removal action work plan or
final remedial action plan approved by the department.
(3) As-built drawings of any physical construction that is
required by the removal action work plan or remedial action plan
approved by the department, and that is signed by an engineer
registered in the State of California.
(4) Copies of land use controls that are required by the removal
action work plan or remedial action plan approved by the department,
and that have been recorded by the county recorder in the county in
which the site is located.
(5) A plan for the implementation of any operation and maintenance
measures that are required by the final removal action work plan or
remedial action plan approved by the department.
(c) The department shall review the request for a certificate of
completion, and shall approve or reject a request for certificate of
completion within 30 days from the date of submittal by the private
site manager. If a request is rejected, the department shall identify
the principal reasons for the rejection and describe the actions
needed to amend the application to adequately address the
deficiencies that are identified by the department.
(d) If the department approves the request for a certificate of
completion, it shall prepare a certification which shall include a
certificate of completion, requirements for ongoing reporting and
operation and maintenance, and a description of applicable land use
controls of a site. The certification shall be provided to the
project proponent, all known responsible parties, owners of
properties located adjacent to the site, and shall be made available
to the public.
25395.9. No designated officer or employee of the California
Environmental Protection Agency or its constituent boards,
departments, or offices shall serve as a private site manager or
member of a private site management team for the first 12 months
following the termination of the officer's or employee's appointment
or employment with the agency, constituent board, department, or
office.
25395.10. (a) The private site manager and each member of a private
site management team shall sign and certify all work performed by,
and or directed by, that person.
(b) The private site manager and each member of the professional
staff of the private site management team shall have appropriate
insurance as required by the department.
25395.11. Except as otherwise specified in this article, all the
requirements of this chapter, or Chapter 6.85 (commencing with
Section 25396) in the case of sites selected pursuant to Section
25396.6, and any other applicable regulation and guidance document or
manual adopted or issued by the department, shall apply to sites
approved for private site management. The requirements of Division 13
(commencing with Section 21000) of the Public Resources Code shall
apply to response actions conducted pursuant to this article in the
same manner, and to the same extent, that the requirements apply to
response actions otherwise conducted pursuant to this chapter or
Chapter 6.85 (commencing with Section 25396). If, at any time, the
department finds that a private site manager or a private site
management team is not in compliance with the requirements of this
chapter or Chapter 6.85 (commencing with Section 25396), the
department may, pursuant to this article, withdraw its approval for
the conduct of a response action on the site.
25395.12. (a) The department shall conduct audits of a minimum of
25 percent of the sites where a private site manager or private site
management team has conducted a site investigation or response action
without oversight by the department, except with respect to cases
where oversight is otherwise required under this article, and where
the department has been requested to issue or has issued a
certificate of completion.
(b) A private site manager and any member of a private site
management team shall provide an authorized representative of the
department with complete access, at any reasonable hour of the day,
to all technical data, reports, records, environmental samples,
photographs, maps, and files that are materially related to a
response action conducted pursuant to this article.
25395.13. (a) Any private site manager or member of a private site
management team who commits any of the following acts shall be
punished, upon conviction, by a fine of not less than two thousand
dollars ($2,000) or by imprisonment in the county jail for not more
than one year, or both that fine and imprisonment, if the private
site manager or any member of a private site management team does any
of the following:
(1) Knowingly makes any materially false or inaccurate statement
in any application, record, report, certification, plan, design, or
statement that the private site manager or the private site
management team submits to the department.
(2) Knowingly makes any materially false or inaccurate statement
in any record, report, plan, file, log, or register that the private
site management team keeps, or is required to keep, pursuant to any
law.
(3) Knowingly and materially falsifies, tampers with, alters,
destroys, or disturbs any mechanism, recovery, or control system, or
any monitoring device or method that the private site manager or the
private site management team maintains, or that is required to be
maintained pursuant to any law, regulation, or order for the
protection of the public health and safety or the environment.
(4) Knowingly allows or orders any of the private site manager's
or the private site management team's employees, agents, or
contractors to do any of the actions specified in paragraphs (1) to
(3), inclusive.
(b) Any private site manager or member of a site private
management team who knowingly, or with reckless disregard for the
risk, treats, handles, transports, disposes of, or stores any
hazardous substance in a manner that causes any unreasonable risk of
fire, explosion, serious injury, or death, is guilty of a public
offense and shall, upon conviction, be punished by a fine of not less
than five thousand dollars ($5,000) nor more than two hundred fifty
thousand dollars ($250,000) for each day of a violation, by
imprisonment in the county jail for not more than one year, by
imprisonment in the state prison for 16, 24, or 36 months, or by both
that fine and imprisonment.
(c) Any private site manager or member of a private site
management team who knowingly, at the time the manager or member
takes any of the actions specified in subdivision (b), places another
person in imminent danger of death or serious bodily injury, is
guilty of a public offense and shall, upon conviction, be punished by
a fine of not less than five thousand dollars ($5,000) or more than
two hundred fifty thousand dollars ($250,000) for each day of the
violation.
(d) Each day that a violation of subdivision (a) occurs, or
continues to occur, shall be considered a separate offense. A fine
imposed pursuant to subdivision (a) shall not exceed, in the
aggregate, twenty-five thousand dollars ($25,000), and the term of
imprisonment shall not exceed, in the aggregate, one year.
(e) Notwithstanding any other provision of law, all penalties
collected pursuant to this section shall be transferred to the
department for deposit in the trust fund for expenditure by the
department, upon appropriation by the Legislature, to administer and
enforce this article.
25395.14. The project proponent for a site subject to response
action pursuant to this article shall fully reimburse the department
for all reasonable costs incurred by the department, including those
costs associated with the department's involvement in the
investigation, remediation, certification, and audit process at that
site. Any of the reasonable costs that are incurred by the department
which relate to the specific project costs, and that are not
reimbursed by the project proponent shall be recovered from the
responsible parties pursuant to Section 25360.
25395.15. The department shall adopt minimum standards of
performance that shall apply to the activities and conduct of private
site managers and members of private site management teams that
conduct response actions pursuant to this article. The standards
shall be consistent with the requirements of this article and with
generally accepted professional standards that apply to persons who
engage in the types of work that are required to conduct hazardous
substance release response actions pursuant to this chapter. The
minimum standards of performance shall be adopted as expeditiously as
possible, but not later than six months from the date that the
department first begins accepting applications pursuant to Section
25395.3.
25395.1. As used in this article, the following terms have the
following meaning:
(a) "Private site manager" means an individual who is registered
as a class II environmental assessor pursuant to Section 25570.3.
(b) "Private site management team" means a group coordinated by a
private site manager, which may consist of any or all of the
following persons:
(1) A person holding a four-year bachelor of science degree from
an accredited college or university who has done significant work in
biological, chemical, physical, environmental or soil geology,
hydrology, hydrogeology, environmental health, environmental
engineering, toxicology, industrial hygiene, or a related field.
(2) An environmental engineer holding a four-year bachelor of
science in engineering degree from an accredited college or
university.
(3) An engineer registered in the State of California.
(4) A geologist registered in the State of California.
(5) A certified hydrogeologist registered in the State of
California.
(6) A certified engineering geologist registered in the State of
California.
(7) A geophysicist registered in the State of California.
(8) An industrial hygienist or safety engineer registered in the
State of California.
(9) A process engineer holding a four-year bachelor of science
degree in engineering from an accredited college or university.
(10) A petroleum engineer holding a four-year bachelor of science
degree in engineering from an accredited college or university.
(11) The necessary technical support personnel and equipment
operators, as determined by the private site manager.
(c) "Project proponent" means any person who applies to the
department for approval to conduct the response to a release or
threatened release of hazardous substances pursuant to this article.
(d) "Independent," as used in subdivision (b) of Section 25395.3,
means that the private site manager or the members of the private
site management team meet all of the following requirements:
(1) The site manager or team member is not an employee of the
project proponent, a known responsible party, or a prospective buyer
of the site property.
(2) The site manager or team member is not a general partner, or a
limited partner, with any project proponent, known responsible
party, or prospective buyer of the site property.
(3) The site manager or team member is not a shareholder in the
project proponent entity, known responsible party, or a prospective
buyer of the site property.
(4) The site manager or team member does not receive any source of
income from the project proponent, known responsible party, or a
prospective buyer of the site property, other than the payment of
fees for professional services.
(5) The site manager or team member does not accept, or agree to
accept, any payment that is in any way contingent upon the completion
of a response action of the site as a private site management
project.
25395.2. A private site manager may conduct investigations of
potential hazardous substance release sites using preliminary
endangerment assessment procedures approved by the department. If,
upon completion of an investigation, a private site manager
determines that because a significant release of hazardous substances
has not occurred, site conditions do not require any further
investigation or remedial action, the private site manager may submit
a report to the department certifying that no further action is
required at the site. Unless the department issues a written notice
of disagreement to the private site manager within 60 days from the
date of receipt of the report, the department shall be deemed to be
in agreement with the report and shall designate the site as a site
which requires no further action. The department may subsequently
change that site designation status upon receipt and confirmation of
evidence that the physical environment of the site conditions differ
from the findings of a report submitted by a private site manager.
The department shall not designate a site under this section as a
site that requires no further action if the release of hazardous
substances has caused, or threatens to cause, discharges to waters of
the state.
25395.3. If, upon completion of a site investigation, a private
site manager or the department determines that a significant release
of a hazardous substance has occurred, or is likely to have occurred,
a project proponent may submit an application to the department
requesting that a response action be conducted under private site
management pursuant to this article. The application for a response
action shall include both of the following:
(a) Where a site investigation was conducted by a private site
manager, the private site manager shall provide the department with a
report of the site findings based on the investigation. In all
cases, the application shall set forth reasons why the site is
appropriate for a private response action and management based on the
information available at the time that the application is submitted
to the department. Sites shall be deemed appropriate for private site
management if all the following conditions exist:
(1) There is a substantial likelihood that no further significant
environmental damage or exposure to humans will occur as the response
action is implemented.
(2) The site is not adjacent to residential property, as defined
in Section 1675 of the Civil Code, or a school, day care center for
children, or a hospital.
(3) The site is not, or is not being used as, residential
property, as defined in Section 1675 of the Civil Code, or a school,
day care center for children, or a hospital.
(4) Releases of hazardous substances at the site did not result in
discharges to groundwater.
(5) An enforceable agreement that specifies how response action
will be conducted is not applicable to the site.
(b) The name and a statement of qualifications of any private site
manager proposed for the site. The proposed private site manager
shall be independent of the project proponent, all known responsible
parties, and prospective buyers of the site property.
25395.4. (a) If the department approves an application for private
site management, a private site management team shall be designated
to perform the activities authorized by this article. The
professional staff of the private site management team shall be
comprised, at a minimum, of persons with qualifications and levels of
experience which shall be specified by the department based upon the
conditions at the site which require response action.
(b) At least one member of the proposed team shall have
demonstrable experience or training in public participation, risk
communication, and community involvement, except that the member
shall not be required to be a registered or certified professional.
Each member of the proposed team shall be independent of the project
proponent, known responsible parties, and prospective buyers of the
site property.
(c) If, at any time, the documented physical conditions at the
site change or physical conditions previously unknown to the
department are identified, the department may rescind approval of the
proposed project or may require the private site management team to
include additional professional staff members with expertise
appropriate to the physical conditions at the site. The addition of
new professional level team members proposed by the private site
manager shall be approved by the department, but the department shall
not unreasonably withhold that approval.
25395.5. (a) If the private site management team determines that
the response action will include a removal or remedial action, the
approved private site management team shall prepare a draft removal
action work plan or remedial action plan. The draft removal action
work plan or remedial action plan may be prepared without oversight
by the department, but shall be prepared in accordance with all of
the requirements of this chapter, or Chapter 6.85 (commencing with
Section 25396) in the case of sites selected pursuant to Section
25396.6, and other applicable regulations and guidance documents
adopted or issued by the department.
(b) The private site management team shall submit the draft
removal action work plan or remedial action plan to the department
for approval, and the department shall approve or reject the work
plan or remedial action plan within 60 days from the date of
submittal by a private site manager. If a plan is rejected, the
department shall identify the principal reasons for the rejection,
and shall describe the actions needed to adequately address
deficiencies in the plan.
25395.6. (a) The private site management team shall, in the case of
sites selected pursuant to Section 25396.6, prepare a remedial
design for the implementation of the response action that is selected
in the final remedial action plan that is prepared and approved in
accordance with the requirements of this chapter, or Chapter 6.85
(commencing with Section 25396), and applicable regulations and
guidance documents adopted or issued by the department. The remedial
design may be prepared by the private site management team without
oversight by the department, and shall be submitted to the department
for approval.
(b) The department shall approve or reject a final remedial design
within 60 days from the date of submittal by a private site
management team. If a design is rejected, the department shall
identify the principal reasons for the rejection, and shall describe
the actions needed to adequately address deficiencies in the design.
25395.7. The private site management team shall implement the
response action set forth in the approved final removal action work
plan or remedial action plan and remedial design. The implementation
of the response action may be conducted without oversight by the
department.
25395.8. (a) Upon completion of a response action, the private site
manager shall file a request for a certificate of completion from
the department. The request for a certificate of completion submitted
by a private site manager shall include all of the information
required by the department, and, at a minimum, shall include all of
the following additional information:
(1) A summary of all response action taken.
(2) All sample results for a certified laboratory confirming that
the site has been fully remediated as required by the final removal
action work plan or remedial action plan and in accordance with the
remedial design approved by the department.
(b) In addition, the department may require submittal of any or
all of the following documentation:
(1) A north-south and east-west cross section of the site geology,
that is signed by a geologist, geophysicist, engineering geologist,
or hydrogeologist who is registered in the State of California, and
that evaluates the hydrogeologic conditions of the site.
(2) Horizontal and vertical surveys of all wells, caps, and
facilities that are required by the final removal action work plan or
final remedial action plan approved by the department.
(3) As-built drawings of any physical construction that is
required by the removal action work plan or remedial action plan
approved by the department, and that is signed by an engineer
registered in the State of California.
(4) Copies of land use controls that are required by the removal
action work plan or remedial action plan approved by the department,
and that have been recorded by the county recorder in the county in
which the site is located.
(5) A plan for the implementation of any operation and maintenance
measures that are required by the final removal action work plan or
remedial action plan approved by the department.
(c) The department shall review the request for a certificate of
completion, and shall approve or reject a request for certificate of
completion within 30 days from the date of submittal by the private
site manager. If a request is rejected, the department shall identify
the principal reasons for the rejection and describe the actions
needed to amend the application to adequately address the
deficiencies that are identified by the department.
(d) If the department approves the request for a certificate of
completion, it shall prepare a certification which shall include a
certificate of completion, requirements for ongoing reporting and
operation and maintenance, and a description of applicable land use
controls of a site. The certification shall be provided to the
project proponent, all known responsible parties, owners of
properties located adjacent to the site, and shall be made available
to the public.
25395.9. No designated officer or employee of the California
Environmental Protection Agency or its constituent boards,
departments, or offices shall serve as a private site manager or
member of a private site management team for the first 12 months
following the termination of the officer's or employee's appointment
or employment with the agency, constituent board, department, or
office.
25395.10. (a) The private site manager and each member of a private
site management team shall sign and certify all work performed by,
and or directed by, that person.
(b) The private site manager and each member of the professional
staff of the private site management team shall have appropriate
insurance as required by the department.
25395.11. Except as otherwise specified in this article, all the
requirements of this chapter, or Chapter 6.85 (commencing with
Section 25396) in the case of sites selected pursuant to Section
25396.6, and any other applicable regulation and guidance document or
manual adopted or issued by the department, shall apply to sites
approved for private site management. The requirements of Division 13
(commencing with Section 21000) of the Public Resources Code shall
apply to response actions conducted pursuant to this article in the
same manner, and to the same extent, that the requirements apply to
response actions otherwise conducted pursuant to this chapter or
Chapter 6.85 (commencing with Section 25396). If, at any time, the
department finds that a private site manager or a private site
management team is not in compliance with the requirements of this
chapter or Chapter 6.85 (commencing with Section 25396), the
department may, pursuant to this article, withdraw its approval for
the conduct of a response action on the site.
25395.12. (a) The department shall conduct audits of a minimum of
25 percent of the sites where a private site manager or private site
management team has conducted a site investigation or response action
without oversight by the department, except with respect to cases
where oversight is otherwise required under this article, and where
the department has been requested to issue or has issued a
certificate of completion.
(b) A private site manager and any member of a private site
management team shall provide an authorized representative of the
department with complete access, at any reasonable hour of the day,
to all technical data, reports, records, environmental samples,
photographs, maps, and files that are materially related to a
response action conducted pursuant to this article.
25395.13. (a) Any private site manager or member of a private site
management team who commits any of the following acts shall be
punished, upon conviction, by a fine of not less than two thousand
dollars ($2,000) or by imprisonment in the county jail for not more
than one year, or both that fine and imprisonment, if the private
site manager or any member of a private site management team does any
of the following:
(1) Knowingly makes any materially false or inaccurate statement
in any application, record, report, certification, plan, design, or
statement that the private site manager or the private site
management team submits to the department.
(2) Knowingly makes any materially false or inaccurate statement
in any record, report, plan, file, log, or register that the private
site management team keeps, or is required to keep, pursuant to any
law.
(3) Knowingly and materially falsifies, tampers with, alters,
destroys, or disturbs any mechanism, recovery, or control system, or
any monitoring device or method that the private site manager or the
private site management team maintains, or that is required to be
maintained pursuant to any law, regulation, or order for the
protection of the public health and safety or the environment.
(4) Knowingly allows or orders any of the private site manager's
or the private site management team's employees, agents, or
contractors to do any of the actions specified in paragraphs (1) to
(3), inclusive.
(b) Any private site manager or member of a site private
management team who knowingly, or with reckless disregard for the
risk, treats, handles, transports, disposes of, or stores any
hazardous substance in a manner that causes any unreasonable risk of
fire, explosion, serious injury, or death, is guilty of a public
offense and shall, upon conviction, be punished by a fine of not less
than five thousand dollars ($5,000) nor more than two hundred fifty
thousand dollars ($250,000) for each day of a violation, by
imprisonment in the county jail for not more than one year, by
imprisonment in the state prison for 16, 24, or 36 months, or by both
that fine and imprisonment.
(c) Any private site manager or member of a private site
management team who knowingly, at the time the manager or member
takes any of the actions specified in subdivision (b), places another
person in imminent danger of death or serious bodily injury, is
guilty of a public offense and shall, upon conviction, be punished by
a fine of not less than five thousand dollars ($5,000) or more than
two hundred fifty thousand dollars ($250,000) for each day of the
violation.
(d) Each day that a violation of subdivision (a) occurs, or
continues to occur, shall be considered a separate offense. A fine
imposed pursuant to subdivision (a) shall not exceed, in the
aggregate, twenty-five thousand dollars ($25,000), and the term of
imprisonment shall not exceed, in the aggregate, one year.
(e) Notwithstanding any other provision of law, all penalties
collected pursuant to this section shall be transferred to the
department for deposit in the trust fund for expenditure by the
department, upon appropriation by the Legislature, to administer and
enforce this article.
25395.14. The project proponent for a site subject to response
action pursuant to this article shall fully reimburse the department
for all reasonable costs incurred by the department, including those
costs associated with the department's involvement in the
investigation, remediation, certification, and audit process at that
site. Any of the reasonable costs that are incurred by the department
which relate to the specific project costs, and that are not
reimbursed by the project proponent shall be recovered from the
responsible parties pursuant to Section 25360.
25395.15. The department shall adopt minimum standards of
performance that shall apply to the activities and conduct of private
site managers and members of private site management teams that
conduct response actions pursuant to this article. The standards
shall be consistent with the requirements of this article and with
generally accepted professional standards that apply to persons who
engage in the types of work that are required to conduct hazardous
substance release response actions pursuant to this chapter. The
minimum standards of performance shall be adopted as expeditiously as
possible, but not later than six months from the date that the
department first begins accepting applications pursuant to Section
25395.3.
