§ 69102. Definitions.

The definitions set forth in this section govern interpretation of this article. Unless the context requires otherwise and except as provided in this section, definitions contained in title 1, division 1, part 10.5, chapter 1 of the Education Code (commencing with section 17210) or in division 20, chapter 6.8 of the Health and Safety Code (commencing with section 25300) apply to the terms used in this article. If a definition appears in both title 1, division 1, part 10.5, chapter 1 of the Education Code and in division 20, chapter 6.8 of the Health and Safety Code, the definition in the Education Code governs interpretation of this article.

(a) “Department” means the Department of Toxic Substances Control.

(b) “Lead” means lead from lead-based paint only, for purposes of this article.

(c) “OCPs” means organochlorine pesticides from termiticide application only, for purposes of this article.

(d) “PCBs” means polychlorinated biphenyls from electrical transformers only, for purposes of this article.

(e) “Phase I” means a Phase I Environmental Site Assessment which is a preliminary assessment of a site to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the site and the area in its vicinity.

(f) “Phase I Addendum” means a report containing results of sampling and analysis, limited to results of lead in soil from lead-based paint, organochlorine pesticides in soil from termiticide application, and/or polychlorinated biphenyls in soil from electrical transformers, for sites where these contaminants are the only potential release or presence of hazardous materials identified in the Phase I. A Phase I Addendum is submitted to the Department along with or after the submittal of the Phase I.

(g) “USEPA Test Methods” means “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” as referenced in section 69103, subsection (a)(2).

HISTORY

1. New section filed 9-3-2002 as an emergency; operative 9-3-2002 (Register 2002, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2003 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 9-3-2002 order, including amendment of first paragraph, transmitted to OAL 12-26-2002 and filed 2-10-2003 (Register 2003, No. 7).

3. Amendment of first paragraph and subsection (a), new subsection (c) and subsection relettering filed 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.

4. Amendment of first paragraph and subsection (a), new subsection (c) and subsection relettering refiled 3-20-2007 as an emergency; operative 3-20-2007 (Register 2007, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-18-2007 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 3-20-2007 order, including further amendment of section, transmitted to OAL 6-15-2007 and filed 7-18-2007 (Register 2007, No. 29).

Note

Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.