HEALTH AND SAFETY CODE
SECTION 25395.63-25395.79.2
25395.63. The definitions set forth in this article and in Article
6 (commencing with Section 25395.90) shall govern the interpretation
of this chapter. If a term is not otherwise defined in this chapter,
the definition contained in Chapter 6.8 (commencing with Section
25300) shall apply to that term.
25395.64. "Agency" means the department, the board, or a regional
board.
25395.65. "All appropriate inquiries" has the following meanings:
(a) Except as provided in subdivision (c), until the date when the
standards and practices established by the Administrator of the
United States Environmental Protection Agency pursuant to Section 101
(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are
adopted and take effect, "all appropriate inquiries" means:
(1) For property acquired on or before December 1, 2000,
compliance with American Society for Testing and Materials Standard
El527-97 entitled "Standard Practice for Environmental Site
Assessment": Phase 1 Environmental Site Assessment Process.
(2) For property acquired after December 1, 2000, compliance with
American Society for Testing and Materials Standard El527-00.
(b) Except as provided in subdivision (c), on and after the date
when the standards and practices established by the Administrator of
the United States Environmental Protection Agency pursuant to Section
101(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii))
are adopted and take effect, "all appropriate inquiries" means
compliance with those standards, except that any portion of the
inquiry that includes the practice of engineering or the practice of
geology shall be carried out in conformance with applicable state
statutes.
(c) If the property is used solely for residential use and has
four or fewer units at the time of acquisition by a nongovernmental
or noncommercial entity, "all appropriate inquiries" means that a
site inspection and title search does not reveal a basis for further
investigation.
25395.66. "Applicable law" means all of the provisions of the
following state statutory and common laws that impose liability on an
owner or occupant of property for pollution conditions caused by a
release or threatened release of hazardous material on, under, or
adjacent to the property:
(a) Title 1 (commencing with Section 3479) of, Title 2 (commencing
with Section 3490) of, and Title 3 (commencing with Section 3501)
of, Part 3 of Division 4 of the Civil Code.
(b) Chapter 2 (commencing with Section 731) of Title 10 of Part 2
of the Code of Civil Procedure, but not including Section 736 of the
Code of Civil Procedure.
(c) Section 5650 of the Fish and Game Code.
(d) Chapter 6.7 (commencing with Section 25280), Chapter 6.75
(commencing with Section 25299.10), and Chapter 6.8 (commencing with
Section 25300), of this division.
(e) Chapter 1 (commencing with Section 13000) to Chapter 5
(commencing with Section 13300), inclusive, of Division 7 of the
Water Code.
(f) State common law regarding contribution, nuisance, trespass,
and equitable indemnity.
25395.67. "Appropriate care" means either of the following:
(a) The performance of a response action, with respect to
hazardous materials found at a site, for which the agency makes the
determination specified in paragraph (1) of subdivision (c) of
Section 25395.96 and that meets all of the following conditions:
(1) The response action is determined by an agency to be necessary
to prevent an unreasonable risk to human health and safety or the
environment, as defined in Section 25395.90.
(2) The response action is performed in accordance with a response
plan approved by the agency pursuant to Article 6 (commencing with
Section 25395.90).
(3) The approved response plan includes a provision for oversight
and approval of the completed response action by the agency pursuant
to Article 6 (commencing with Section 25395.90).
(b) A determination that no further action is required pursuant to
Section 25395.95.
25395.68. "Board" means the State Water Resources Control Board.
25395.69. (a) "Bona fide purchaser" means a person, or a tenant of
a person, who acquires ownership of a site on or after January 1,
2005, and who establishes all of the following by a preponderance of
the evidence:
(1) All releases of the hazardous materials at issue at the site
occurred before the person acquired the site, except as described in
paragraph (2).
(2) All of the conditions of Section 25395.80 to qualify as a bona
fide purchaser have been met.
(3) The person is not potentially liable, or affiliated with any
other person who is potentially liable, for the release or threatened
release at the site through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless
the contractual, corporate, or financial relationship is created by
the instrument by which title or possession to the site is conveyed
or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was
potentially liable for the release or threatened release of hazardous
materials at the site.
(b) For purposes of this section, "release" does not include
passive migration.
25395.70. (a) "Contiguous property owner" means a person who owns a
site that is adjacent to or otherwise similarly situated with
respect to another site that is, or may be, contaminated by a release
or threatened release of a hazardous material and that is not owned
by that person, and who demonstrates, by a preponderance of the
evidence, all of the following:
(1) The person did not cause, contribute, or consent to the
release or threatened release.
(2) At the time the person acquired the property, the person made
all appropriate inquiries and did not know and had no reason to know
of the release or threatened release at the site.
(3) All of the conditions of Section 25395.80 to qualify as a
contiguous property owner have been met.
(4) The person is not potentially liable, or affiliated with any
other person who is potentially liable, for the release at issue
through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless
the contractual, corporate, or financial relationship is created by
the instruments by which title or possession to the site is conveyed
or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was
potentially liable for the hazardous materials.
(b) For purposes of this section, "release" does not include
passive migration.
25395.71. "Department" means the Department of Toxic Substances
Control.
25395.72. "Endangerment" means a condition that poses an actual and
unreasonable risk to human health and safety arising from actual or
threatened exposure to hazardous materials.
25395.73. "Fair market value" means the price a seller is willing
to accept and a buyer willing to pay on the open market and in an arm'
s length transaction.
25395.74. "Hazardous material" has the same meaning as defined in
subdivision (d) of Section 25260.
25395.75. (a) "Innocent landowner" means a person who owns a site,
did not cause or contribute to a release or threatened release at the
site, meets the conditions to qualify as an "innocent landowner"
specified in Section 25395.80, and is any one of the following:
(1) A person who, at the time the person acquired the property,
made all appropriate inquiries and did not know and had no reason to
know of the release or threatened release at the site.
(2) A government entity that acquired property by escheat, or
through any another involuntary transfer acquisition, or through the
exercise of eminent domain authority by purchase or condemnation, or
by means of a lien arising from delinquent taxes, assessments, or
charges.
(3) A person who acquired the property by inheritance or bequest.
(4) A person who qualifies for the defense from liability under
Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)).
(b) For purposes of this section, "release" does not include
passive migration.
25395.76. "Land use control" means a recorded instrument executed
pursuant to Section 1471 of the Civil Code that restricts or imposes
obligations on the present or future uses or activities on a site,
including, but not limited to, recorded easements, covenants,
restrictions or servitudes, or any combination thereof.
25395.77. "Passive migration" means the leaking, leaching or
movement of a hazardous material into or through the environment, for
which no human activity by the bona fide purchaser, innocent
landowner, or contiguous property owner preceded the initial entry of
that substance into the environment.
25395.78. "Regional board" means a California regional water
quality control board.
25395.79. "Release" has the same meaning as defined in Section
25320.
25395.79.1. "Response plan" means a written plan submitted to an
agency pursuant to Section 25395.96.
25395.79.2. (a) "Site" means real property located in an urban
infill area for which the expansion, redevelopment, or reuse may be
complicated by the presence or perceived presence of hazardous
materials.
(b) "Site" does not include any of the following:
(1) A facility that is listed or proposed for listing on the
National Priorities List established under Section 105 of the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9605).
(2) A site on the list maintained by the department pursuant to
Section 25356.
(3) A site that is solely impacted by a petroleum release from an
underground storage tank eligible for reimbursement from the
California Underground Storage Tank Cleanup Fund.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Infill area" means a vacant or underutilized lot of land
within an urban area that has been previously developed or that is
surrounded by parcels that are or have been previously developed.
(2) "Urban area" means either of the following:
(A) An incorporated city.
(B) An unincorporated area that is completely surrounded by one or
more incorporated cities that meets both of the following criteria:
(i) The population of the unincorporated area and the population
of the surrounding incorporated cities is equal to a population of
100,000 or more.
(ii) The population density of the unincorporated area is equal
to, or greater than, the population density of the surrounding
cities.
HEALTH AND SAFETY CODE
SECTION 25395.63-25395.79.2
25395.63. The definitions set forth in this article and in Article
6 (commencing with Section 25395.90) shall govern the interpretation
of this chapter. If a term is not otherwise defined in this chapter,
the definition contained in Chapter 6.8 (commencing with Section
25300) shall apply to that term.
25395.64. "Agency" means the department, the board, or a regional
board.
25395.65. "All appropriate inquiries" has the following meanings:
(a) Except as provided in subdivision (c), until the date when the
standards and practices established by the Administrator of the
United States Environmental Protection Agency pursuant to Section 101
(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are
adopted and take effect, "all appropriate inquiries" means:
(1) For property acquired on or before December 1, 2000,
compliance with American Society for Testing and Materials Standard
El527-97 entitled "Standard Practice for Environmental Site
Assessment": Phase 1 Environmental Site Assessment Process.
(2) For property acquired after December 1, 2000, compliance with
American Society for Testing and Materials Standard El527-00.
(b) Except as provided in subdivision (c), on and after the date
when the standards and practices established by the Administrator of
the United States Environmental Protection Agency pursuant to Section
101(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii))
are adopted and take effect, "all appropriate inquiries" means
compliance with those standards, except that any portion of the
inquiry that includes the practice of engineering or the practice of
geology shall be carried out in conformance with applicable state
statutes.
(c) If the property is used solely for residential use and has
four or fewer units at the time of acquisition by a nongovernmental
or noncommercial entity, "all appropriate inquiries" means that a
site inspection and title search does not reveal a basis for further
investigation.
25395.66. "Applicable law" means all of the provisions of the
following state statutory and common laws that impose liability on an
owner or occupant of property for pollution conditions caused by a
release or threatened release of hazardous material on, under, or
adjacent to the property:
(a) Title 1 (commencing with Section 3479) of, Title 2 (commencing
with Section 3490) of, and Title 3 (commencing with Section 3501)
of, Part 3 of Division 4 of the Civil Code.
(b) Chapter 2 (commencing with Section 731) of Title 10 of Part 2
of the Code of Civil Procedure, but not including Section 736 of the
Code of Civil Procedure.
(c) Section 5650 of the Fish and Game Code.
(d) Chapter 6.7 (commencing with Section 25280), Chapter 6.75
(commencing with Section 25299.10), and Chapter 6.8 (commencing with
Section 25300), of this division.
(e) Chapter 1 (commencing with Section 13000) to Chapter 5
(commencing with Section 13300), inclusive, of Division 7 of the
Water Code.
(f) State common law regarding contribution, nuisance, trespass,
and equitable indemnity.
25395.67. "Appropriate care" means either of the following:
(a) The performance of a response action, with respect to
hazardous materials found at a site, for which the agency makes the
determination specified in paragraph (1) of subdivision (c) of
Section 25395.96 and that meets all of the following conditions:
(1) The response action is determined by an agency to be necessary
to prevent an unreasonable risk to human health and safety or the
environment, as defined in Section 25395.90.
(2) The response action is performed in accordance with a response
plan approved by the agency pursuant to Article 6 (commencing with
Section 25395.90).
(3) The approved response plan includes a provision for oversight
and approval of the completed response action by the agency pursuant
to Article 6 (commencing with Section 25395.90).
(b) A determination that no further action is required pursuant to
Section 25395.95.
25395.68. "Board" means the State Water Resources Control Board.
25395.69. (a) "Bona fide purchaser" means a person, or a tenant of
a person, who acquires ownership of a site on or after January 1,
2005, and who establishes all of the following by a preponderance of
the evidence:
(1) All releases of the hazardous materials at issue at the site
occurred before the person acquired the site, except as described in
paragraph (2).
(2) All of the conditions of Section 25395.80 to qualify as a bona
fide purchaser have been met.
(3) The person is not potentially liable, or affiliated with any
other person who is potentially liable, for the release or threatened
release at the site through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless
the contractual, corporate, or financial relationship is created by
the instrument by which title or possession to the site is conveyed
or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was
potentially liable for the release or threatened release of hazardous
materials at the site.
(b) For purposes of this section, "release" does not include
passive migration.
25395.70. (a) "Contiguous property owner" means a person who owns a
site that is adjacent to or otherwise similarly situated with
respect to another site that is, or may be, contaminated by a release
or threatened release of a hazardous material and that is not owned
by that person, and who demonstrates, by a preponderance of the
evidence, all of the following:
(1) The person did not cause, contribute, or consent to the
release or threatened release.
(2) At the time the person acquired the property, the person made
all appropriate inquiries and did not know and had no reason to know
of the release or threatened release at the site.
(3) All of the conditions of Section 25395.80 to qualify as a
contiguous property owner have been met.
(4) The person is not potentially liable, or affiliated with any
other person who is potentially liable, for the release at issue
through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless
the contractual, corporate, or financial relationship is created by
the instruments by which title or possession to the site is conveyed
or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was
potentially liable for the hazardous materials.
(b) For purposes of this section, "release" does not include
passive migration.
25395.71. "Department" means the Department of Toxic Substances
Control.
25395.72. "Endangerment" means a condition that poses an actual and
unreasonable risk to human health and safety arising from actual or
threatened exposure to hazardous materials.
25395.73. "Fair market value" means the price a seller is willing
to accept and a buyer willing to pay on the open market and in an arm'
s length transaction.
25395.74. "Hazardous material" has the same meaning as defined in
subdivision (d) of Section 25260.
25395.75. (a) "Innocent landowner" means a person who owns a site,
did not cause or contribute to a release or threatened release at the
site, meets the conditions to qualify as an "innocent landowner"
specified in Section 25395.80, and is any one of the following:
(1) A person who, at the time the person acquired the property,
made all appropriate inquiries and did not know and had no reason to
know of the release or threatened release at the site.
(2) A government entity that acquired property by escheat, or
through any another involuntary transfer acquisition, or through the
exercise of eminent domain authority by purchase or condemnation, or
by means of a lien arising from delinquent taxes, assessments, or
charges.
(3) A person who acquired the property by inheritance or bequest.
(4) A person who qualifies for the defense from liability under
Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)).
(b) For purposes of this section, "release" does not include
passive migration.
25395.76. "Land use control" means a recorded instrument executed
pursuant to Section 1471 of the Civil Code that restricts or imposes
obligations on the present or future uses or activities on a site,
including, but not limited to, recorded easements, covenants,
restrictions or servitudes, or any combination thereof.
25395.77. "Passive migration" means the leaking, leaching or
movement of a hazardous material into or through the environment, for
which no human activity by the bona fide purchaser, innocent
landowner, or contiguous property owner preceded the initial entry of
that substance into the environment.
25395.78. "Regional board" means a California regional water
quality control board.
25395.79. "Release" has the same meaning as defined in Section
25320.
25395.79.1. "Response plan" means a written plan submitted to an
agency pursuant to Section 25395.96.
25395.79.2. (a) "Site" means real property located in an urban
infill area for which the expansion, redevelopment, or reuse may be
complicated by the presence or perceived presence of hazardous
materials.
(b) "Site" does not include any of the following:
(1) A facility that is listed or proposed for listing on the
National Priorities List established under Section 105 of the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9605).
(2) A site on the list maintained by the department pursuant to
Section 25356.
(3) A site that is solely impacted by a petroleum release from an
underground storage tank eligible for reimbursement from the
California Underground Storage Tank Cleanup Fund.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Infill area" means a vacant or underutilized lot of land
within an urban area that has been previously developed or that is
surrounded by parcels that are or have been previously developed.
(2) "Urban area" means either of the following:
(A) An incorporated city.
(B) An unincorporated area that is completely surrounded by one or
more incorporated cities that meets both of the following criteria:
(i) The population of the unincorporated area and the population
of the surrounding incorporated cities is equal to a population of
100,000 or more.
(ii) The population density of the unincorporated area is equal
to, or greater than, the population density of the surrounding
cities.
HEALTH AND SAFETY CODE
SECTION 25395.63-25395.79.2
25395.63. The definitions set forth in this article and in Article
6 (commencing with Section 25395.90) shall govern the interpretation
of this chapter. If a term is not otherwise defined in this chapter,
the definition contained in Chapter 6.8 (commencing with Section
25300) shall apply to that term.
25395.64. "Agency" means the department, the board, or a regional
board.
25395.65. "All appropriate inquiries" has the following meanings:
(a) Except as provided in subdivision (c), until the date when the
standards and practices established by the Administrator of the
United States Environmental Protection Agency pursuant to Section 101
(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are
adopted and take effect, "all appropriate inquiries" means:
(1) For property acquired on or before December 1, 2000,
compliance with American Society for Testing and Materials Standard
El527-97 entitled "Standard Practice for Environmental Site
Assessment": Phase 1 Environmental Site Assessment Process.
(2) For property acquired after December 1, 2000, compliance with
American Society for Testing and Materials Standard El527-00.
(b) Except as provided in subdivision (c), on and after the date
when the standards and practices established by the Administrator of
the United States Environmental Protection Agency pursuant to Section
101(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii))
are adopted and take effect, "all appropriate inquiries" means
compliance with those standards, except that any portion of the
inquiry that includes the practice of engineering or the practice of
geology shall be carried out in conformance with applicable state
statutes.
(c) If the property is used solely for residential use and has
four or fewer units at the time of acquisition by a nongovernmental
or noncommercial entity, "all appropriate inquiries" means that a
site inspection and title search does not reveal a basis for further
investigation.
25395.66. "Applicable law" means all of the provisions of the
following state statutory and common laws that impose liability on an
owner or occupant of property for pollution conditions caused by a
release or threatened release of hazardous material on, under, or
adjacent to the property:
(a) Title 1 (commencing with Section 3479) of, Title 2 (commencing
with Section 3490) of, and Title 3 (commencing with Section 3501)
of, Part 3 of Division 4 of the Civil Code.
(b) Chapter 2 (commencing with Section 731) of Title 10 of Part 2
of the Code of Civil Procedure, but not including Section 736 of the
Code of Civil Procedure.
(c) Section 5650 of the Fish and Game Code.
(d) Chapter 6.7 (commencing with Section 25280), Chapter 6.75
(commencing with Section 25299.10), and Chapter 6.8 (commencing with
Section 25300), of this division.
(e) Chapter 1 (commencing with Section 13000) to Chapter 5
(commencing with Section 13300), inclusive, of Division 7 of the
Water Code.
(f) State common law regarding contribution, nuisance, trespass,
and equitable indemnity.
25395.67. "Appropriate care" means either of the following:
(a) The performance of a response action, with respect to
hazardous materials found at a site, for which the agency makes the
determination specified in paragraph (1) of subdivision (c) of
Section 25395.96 and that meets all of the following conditions:
(1) The response action is determined by an agency to be necessary
to prevent an unreasonable risk to human health and safety or the
environment, as defined in Section 25395.90.
(2) The response action is performed in accordance with a response
plan approved by the agency pursuant to Article 6 (commencing with
Section 25395.90).
(3) The approved response plan includes a provision for oversight
and approval of the completed response action by the agency pursuant
to Article 6 (commencing with Section 25395.90).
(b) A determination that no further action is required pursuant to
Section 25395.95.
25395.68. "Board" means the State Water Resources Control Board.
25395.69. (a) "Bona fide purchaser" means a person, or a tenant of
a person, who acquires ownership of a site on or after January 1,
2005, and who establishes all of the following by a preponderance of
the evidence:
(1) All releases of the hazardous materials at issue at the site
occurred before the person acquired the site, except as described in
paragraph (2).
(2) All of the conditions of Section 25395.80 to qualify as a bona
fide purchaser have been met.
(3) The person is not potentially liable, or affiliated with any
other person who is potentially liable, for the release or threatened
release at the site through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless
the contractual, corporate, or financial relationship is created by
the instrument by which title or possession to the site is conveyed
or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was
potentially liable for the release or threatened release of hazardous
materials at the site.
(b) For purposes of this section, "release" does not include
passive migration.
25395.70. (a) "Contiguous property owner" means a person who owns a
site that is adjacent to or otherwise similarly situated with
respect to another site that is, or may be, contaminated by a release
or threatened release of a hazardous material and that is not owned
by that person, and who demonstrates, by a preponderance of the
evidence, all of the following:
(1) The person did not cause, contribute, or consent to the
release or threatened release.
(2) At the time the person acquired the property, the person made
all appropriate inquiries and did not know and had no reason to know
of the release or threatened release at the site.
(3) All of the conditions of Section 25395.80 to qualify as a
contiguous property owner have been met.
(4) The person is not potentially liable, or affiliated with any
other person who is potentially liable, for the release at issue
through any of the following circumstances:
(A) Any direct or indirect familial relationship.
(B) Any contractual, corporate, or financial relationship, unless
the contractual, corporate, or financial relationship is created by
the instruments by which title or possession to the site is conveyed
or financed or a contract for the sale of goods or services.
(C) The result of a reorganization of a business entity that was
potentially liable for the hazardous materials.
(b) For purposes of this section, "release" does not include
passive migration.
25395.71. "Department" means the Department of Toxic Substances
Control.
25395.72. "Endangerment" means a condition that poses an actual and
unreasonable risk to human health and safety arising from actual or
threatened exposure to hazardous materials.
25395.73. "Fair market value" means the price a seller is willing
to accept and a buyer willing to pay on the open market and in an arm'
s length transaction.
25395.74. "Hazardous material" has the same meaning as defined in
subdivision (d) of Section 25260.
25395.75. (a) "Innocent landowner" means a person who owns a site,
did not cause or contribute to a release or threatened release at the
site, meets the conditions to qualify as an "innocent landowner"
specified in Section 25395.80, and is any one of the following:
(1) A person who, at the time the person acquired the property,
made all appropriate inquiries and did not know and had no reason to
know of the release or threatened release at the site.
(2) A government entity that acquired property by escheat, or
through any another involuntary transfer acquisition, or through the
exercise of eminent domain authority by purchase or condemnation, or
by means of a lien arising from delinquent taxes, assessments, or
charges.
(3) A person who acquired the property by inheritance or bequest.
(4) A person who qualifies for the defense from liability under
Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)).
(b) For purposes of this section, "release" does not include
passive migration.
25395.76. "Land use control" means a recorded instrument executed
pursuant to Section 1471 of the Civil Code that restricts or imposes
obligations on the present or future uses or activities on a site,
including, but not limited to, recorded easements, covenants,
restrictions or servitudes, or any combination thereof.
25395.77. "Passive migration" means the leaking, leaching or
movement of a hazardous material into or through the environment, for
which no human activity by the bona fide purchaser, innocent
landowner, or contiguous property owner preceded the initial entry of
that substance into the environment.
25395.78. "Regional board" means a California regional water
quality control board.
25395.79. "Release" has the same meaning as defined in Section
25320.
25395.79.1. "Response plan" means a written plan submitted to an
agency pursuant to Section 25395.96.
25395.79.2. (a) "Site" means real property located in an urban
infill area for which the expansion, redevelopment, or reuse may be
complicated by the presence or perceived presence of hazardous
materials.
(b) "Site" does not include any of the following:
(1) A facility that is listed or proposed for listing on the
National Priorities List established under Section 105 of the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9605).
(2) A site on the list maintained by the department pursuant to
Section 25356.
(3) A site that is solely impacted by a petroleum release from an
underground storage tank eligible for reimbursement from the
California Underground Storage Tank Cleanup Fund.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Infill area" means a vacant or underutilized lot of land
within an urban area that has been previously developed or that is
surrounded by parcels that are or have been previously developed.
(2) "Urban area" means either of the following:
(A) An incorporated city.
(B) An unincorporated area that is completely surrounded by one or
more incorporated cities that meets both of the following criteria:
(i) The population of the unincorporated area and the population
of the surrounding incorporated cities is equal to a population of
100,000 or more.
(ii) The population density of the unincorporated area is equal
to, or greater than, the population density of the surrounding
cities.
