The definitions set forth in this section shall govern the interpretation of this chapter. Unless the context requires otherwise and except as provided in this chapter, the definitions contained in Article 3 (commencing with Section 78035) of Chapter 1 of Part 2 of Division 45 shall apply to the terms used in this chapter.

(a)  “Administering agency” means the agency designated by the committee pursuant to Section 25262.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(b)  “Advisory team” means the team convened by the committee pursuant to Section 25263.

(c)  “Agency” means any city, county, district, commission, the state, or any department, agency, or political subdivision thereof, that has jurisdiction under a state or local law, ordinance, or regulation to supervise, oversee, or approve a site investigation and a remedial action at a hazardous materials release site.

(d)  “Hazardous material” means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human health or safety or of degrading the environment. “Hazardous material” includes, but is not limited to, all of the following:

(1)  A hazardous substance, as defined in Section 25281 or subdivision (a) of Section 78075.

(2)  A hazardous waste, as defined in Section 25117.

(3)  A waste, as defined in Section 470 or as defined in § 13050 of the Water Code.

(e)  “Hazardous materials release site” or “site” means any area, location, or facility where a hazardous material has been released or threatens to be released into the environment. “Hazardous materials release site” does not include a site subject to a response and cleanup operation under Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code or a corrective action under Part 6 (commencing with Section 46000) of Division 30 of the Public Resources Code.

(f)  “Committee” means the Site Designation Committee created by Section 25261.

(g)  “Remedial action” means actions required by state or local laws, ordinances, or regulations that are necessary to prevent, minimize, or mitigate damage that may otherwise result from a release or threatened release of a hazardous material, and that are consistent with a permanent remedy for a hazardous materials release. “Remedial action” includes, but is not limited to, the cleanup or removal of released hazardous materials from the environment, monitoring, testing and analysis of the site, site operation and maintenance, and the placing of conditions, limitations, or restrictions on the uses of the site after remedial action has been completed.

(h)  “Responsible party” means any person, except for an independent contractor, who agrees to carry out a site investigation and remedial action at a hazardous materials release site for one of the following reasons:

(1)  The person is liable under a state or local law, ordinance, or regulation for the site investigation or remedial action.

(2)  The site investigation or remedial action is required by a state or local law, ordinance, or regulation because of a hazardous materials release.

(i)  “Site investigation” means those actions that are necessary to determine the full extent of a release or threatened release of a hazardous material at a hazardous materials release site, identify the public health and safety or environmental threat posed by the release or threatened release, collect data on possible remedies, and otherwise evaluate the hazardous materials release site for the purpose of implementing remedial action.

(Amended by Stats. 2022, Ch. 258, Sec. 69. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)