California § 850 - The definitions set forth in Section 25260 of the Health and Safety Code govern t

§ 850. The definitions set forth in Section 25260 of the Health and Safety Code govern t

The definitions set forth in Section 25260 of the Health and Safety Code govern the construction of this chapter. In addition, the following definitions apply for purposes of this chapter only: (a) “Actual awareness” means actual knowledge of a fact pertaining to an obligation under this chapter, including actual knowledge of a release exceeding the notification threshold. Only actual awareness possessed by those employees or representatives of an owner of a site who are responsible for monitoring, responding to or otherwise addressing the release shall be attributable to the owner. Only actual awareness possessed by those employees or representatives of a potentially responsible party who are responsible for monitoring, responding to, or otherwise addressing, the release shall be attributable to the potentially responsible party. (b) “Commitment statement” means a written statement executed by the notice recipient which recites expressly the language specified in Section 854. (c) “Mediation” means an informal process in which the disputing parties select a neutral third party to assist them in reaching a negotiated settlement in which the neutral third party has no power to impose a solution on the parties, but rather has the power only to assist the parties in shaping solutions to meet their interests and objectives. (d) “Negative response” means a written response by the recipient of a notice of potential liability indicating that the recipient will not undertake any response action, or a deemed negative response pursuant to subdivision (c) of Section 851 in the event of the recipient’s failure to respond. (e) “Neutral third party” means an experienced professional, such as an attorney, engineer, environmentalist, hydrologist, or retired judge, who has served as a mediator. (f) “Notice of potential liability” means a notice, sent by the owner of the site, stating that a release that exceeds the notification threshold has occurred at the site and that the owner believes that the recipient of the notice is a responsible party with respect to the release. The notice of potential liability shall describe the location of the site and the nature of the release. (g) “Notice recipient” means any one of the following: (1) A person who receives a notice of potential liability pursuant to subdivision (a) of Section 851. (2) A person who provides a release report pursuant to subdivision (b) of Section 851. (3) A person who offers a commitment statement to the owner of a site pursuant to subdivision (c) of Section 851. (h) “Notification threshold” means any release of such a magnitude that: (1) The release is the subject of a response action which has been ordered by, or is being performed by, an oversight agency; or (2) The release is impeding the ability of the owner of the site to sell, lease, or otherwise use the site. (i) “Operation and maintenance” means any activity as defined in Section 78080 of the Health and Safety Code. (j) “Oversight agency” means any agency, as defined in subdivision (c) of Section 25260 of the Health and Safety Code, that has jurisdiction over a response action performed in connection with a release that is the subject of a notice of potential liability. Subject to any other limitation imposed by law, an oversight agency retains full discretion as to when it exercises jurisdiction over a site. (k) “Reasonable steps,” as used in subdivision (a) of Section 851, means the least expensive means available to ascertain the potentially responsible parties. If the owner cannot otherwise identify any apparent, potentially responsible parties, then “reasonable steps” includes: (1) Conducting a title search; and (2) Reviewing all environmental reports in the owner’s possession of which the owner has actual awareness pertaining to the site. ( l ) “Release” means the release, as defined in Section 78105 of the Health and Safety Code, of a hazardous material or hazardous materials. (m) “Release report” means a notice sent by a responsible party to the owner of the site stating that a release has occurred on the site which is likely to exceed the notification threshold. The release report shall describe the location of the site and the nature of the release. (n) “Remedial action” means any action as defined in Section 78125 of the Health and Safety Code. (o) “Removal action” means any action as defined in Section 78135 of the Health and Safety Code. (p) “Response action” means any removal actions, including, but not limited to, site investigations and remedial actions, including, but not limited to, operation and maintenance measures. (q) “Responsible party” means any person who is liable under state or local law for taking action in response to a release. (r) “Site” means any parcel of commercial, industrial, or agricultural real property where a hazardous materials release has occurred. (s) “Written action” means any official action by any oversight agency where the oversight agency has expressly exercised its cleanup authority in writing, pursuant to the oversight agency’s procedures, directing a response action at the site.