§ 67401.3. Requirements for a Completed Preliminary Endangerment Assessment.

(a) In making its recommendation to the Site Designation Committee pursuant to Health and Safety Code section 25396.5 (as it read on June 26, 2012), the Department shall consider the condition set forth in H&SC section 25396.6(b) (as it read on June 26, 2012) to be satisfied if the responsible person or persons requesting selection of the site have submitted documents that the Department determines constitute a completed Preliminary Endangerment Assessment (PEA) and the PEA:

(1) provides sufficient information for the Department to determine that current or past waste management practices have resulted in the release or a threatened release of hazardous substances which pose a threat to public health or the environment; and

(2) provides sufficient information for the Department to conclude that significant response actions are necessary at the site; and

(3) includes an analysis of the scope and identity of the affected community.

HISTORY

1. New section filed 6-30-95 as an emergency; operative 6-30-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-27-95 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 12-26-95 as an emergency; operative 12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-24-96 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 4-24-96 as an emergency; operative 4-24-96 (Register 96, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-22-96 or emergency language will be repealed by operation of law on the following day.

4. Repealed by operation of Government Code section 11346.1(g) (Register 96, No. 35).

5. New section filed 8-26-96 as an emergency; operative 8-26-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-96 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 8-26-96 order, including repealer and new section, transmitted to OAL 10-30-96 and filed 12-10-96 (Register 96, No. 50).

7. Change without regulatory effect amending subsection (a) and Note filed 1-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 2).

Note

Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3; and Section 25396, Health and Safety Code. Reference: Sections 25319.5 and 25396, Health and Safety Code.